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HomeMy WebLinkAbout6316 STEELE T (A WICKHAM) 83-2-10.16 5618GG ADDNS/NEW CONSTRUC/AS BLT SHED - HEIGHT & LOC 13795 OREGON RD CUT AC -'' ~. ~t'~I~' - ~ ~/~,~-/~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hup:Ysoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED. FINDINGS, DELIBERATIONS AND DETERMINATIO~,~<~~..o~]' MEETING OF AUGUST 26, 2010 $0u;.~6~.~..,.t ,~J ,._ , ----To~ I~}~ ZBA FILE: 6316 NAME OF APPLICANT: Louis and Luba Corso, adjoining property owners PROPERTY LOCATION: 13795 Oregon Rd., Cutchogue CTM# 1000-83-02-10.16 and 10.18 PROPERTY OWNERS: Timothy and Jeanne Steele SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 27, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. JURISDICTION OF THE BOARD: The Board has the jurisdiction under Code Sections 280-146 (A) and (D)(1) to hear and make a determination to this Appeal. Section 280-146 (A) and (D.) (1 .), in pertinent part, states as follows: In addition lo such powers as may be conferred upon it by law, the Board of Appeals shall have the,fi~llowing powers: A. Appeals: to hear and decide appeals.from and review any order, requirement, decision or determination made by the Building Inspector. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town pt'ricer, board or agency, to decide any pf the following: 1. Determine the meaning of any provision in this chapter or of any condition or requirement spec!fled or made under the provisions of this chapter. BASIS OF APPLICATION: This is an Appeal by adjoining property owners, Louis and Luba Corso (hereinafter referred to as the "applicant"). The applicant appeals the determination of the Building Inspector's issuance of BP#34590 and CO#33674, dated April 8, 2009 and April 27, 2009, respectively. As per the applicant's ZBA application, the applicant proposes that the Board reverse Page 2 August 26, 2010 ZBA File#6316 - Louis & Luba Corso (Steele property owner) CTM: 1000-83-2-10.16 & 1018 Building Permit #34590 for an "as-built" agricultural hoop house and certificate of occupancy allegedly issued in error in that variances to locate agricultural buildings located in an area other than the rear yard were denied in ZBA decision #5618 dated March 9, 2006 (Res Judicata). Board member note: Appeal #5618 dated March 9, 2006 denied variances to locate accessory structures (not agricultural buildings) located in an area other than the rear yard. ADDITIONAL INFORMATION: A previous ZBA Appeal #5618 to this parcel denied requests to locate as-built accessory structure(s) in a side yard and front yard of the existing principal dwelling. Appeal #5618 granted the request to locate a proposed barn for agricultural operations use at a setback of 38 feet from the rear property line instead of the Code required 75 feet for principal buildings. The fact that this proposed barn for agricultural operations use in #5618 was proposed and granted in the rear yard created by the existing principal dwelling is merely incidental and not a Code requirement for a principal building location for an agricultural operation use in an AC zoned District. Additionally, at the April 22, 2010 Public Hearing the Board asked the agent for applicant to provide a copy of the contract of sale of land sold to the applicant by the property owner (Steele). On May 11, 2010, the Board received the copy of the Agreement for Sale of Property, dated January 19, 1996, signed and acknowledged by both parties (Corso and Steele). Within the agreement it states "the parties further desire to restrict property owner (Steele) access to the property so conveyed..." It further states, "Property owner (Steele) agrees that simultaneously with conveyance of Premises, Steele, ...will release his right of way for ingress and egress...' According to Code Section 280-4 definitions; Yard, front "An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the Town or an approved subdivision plat, and a line drawn parallel thereto. Except, if the owner of the lot does not have the right to use or travel over a bordering street, right-of-way or street line, the side of the lot bordering that particular street, right-of-way or street line shall not be considered a front yard, and any accessory structure placed in such yard shall comply with the applicable side yard setbach' for the zoning district within which it is located". (emphasis added) FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 29, 2009, January 21, 2010 and April 22, 2010, 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 and makes the following findings: Prior to discussing the Board's findings and reasoning it is necessary to discuss the position of the applicant, the Building Department's interpretation of the code, and the position of the property owner in further detail. 1. APPLICANT'S ARGUMENT: The applicant argues that the hoop house structure which received Building Permit #34590 & C.O.#33674, the subject of this appeal, is the same structure in approximately the same location that was denied an area variance for it's as-built location in a side yard and front yard in Appeal #5618. The applicant contends that structures used in an agricultural operation are subject to the yard Page 3 August 26, 2010 ZBA Filc#6316 Louis & Luba Corso (Steele properly owner) CTM: 1000-83-2o10 16 & 10.18 requirements for accessory structures and under {}280-15 are required to be located in the rear yard. Furthermore, the applicant also contends that these agricultural structures themselves are not principal structures but are accessory structures that are accessory to the agricultural operation and must also comply with the provisions for accessory structure requirements under 280-15, specifically that accessory structures be located in the rear yard established by the principal dwelling. The applicant notes that T. Steele received a BP#33052 dated May 21, 2007 for an as-built accessory building in the required rear yard as applied fbr. 2. BUILDING INSPECTOR'S DETERMINATION The Building Inspector determined that, under 280-13C, a structure used in the permitted use of agricultural operations are not accessory structures and can be placed anywhere on the property, in any yard, as long as the structure meets the yard requirements for principal buildings. The Building Inspector testified that the Building Department has always interpreted the code this way with respect to agricultural buildings. The Building Inspector testified that while the fact that there are two principal uses on this property, i.e. a residential use and the agricultural use, complicates the placement of structures on this property, all structures accessory to the residence must comply with the yard requirements and setbacks of accessory structures, and that agricultural buildings must adhere to the principal building yard and setback requirements. Additionally, the Building Inspector forwarded the property owner's building permit application to the Planning Board for site plan review. Farm buildings, under agricultural use, require site plan approval by the Planning Department, pursuant to {}280-127 of the Code. The Building Inspector testified that he uses the Planning Department site plan review as a "checks and balance system" of determinations of the Building Department to verify the farm building use. In a letter dated February 23, 2009, the Planning Department waived the necessity of a site plan for this farm building, pursuant to {}280-133C of the Code. The Building Inspector presumes the Planning Board waived site plan review because of the size of the building, the way it was constructed and because the Planning Board considered it to be a minor addition to the property. 3. PROPERTY OWNER'S ARGUMENT: The property owner first challenges the timeliness of this appeal, noting that the application to the Zoning Board of Appeals was "accepted" until June 15, 2009, beyond the sixty days required by law to file an appeal of a determination of the Building Department. Additionally, the property owner contends that there is no Res Judicata to the prior appeal #5618 with respect to the Building Permit and C.O. under this Appeal. Finally, property owner contends that this structure is an agricultural building and not an accessory structure subject to the code provision of being located in a rear yard created by a principal dwelling. The property owner testified that this structure is being used for agricultural operations. The property owner requested to include in the record the Notice of Protected Farm Practices, sections 280-97 'thru 280-99, which addresses design, construction, and using farm structures and is set forth below: 280-99 A. Right to undertake protectedJarm practices Page 4 August 26, 2010 ZBA File#6316 - Louis & Luba Corso (Steele properVs' owner) CTM: 1000-83-2-10.16 & 1018 Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground ~7oraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizer39; raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing ./'arm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water; pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training and others in the use and care of farm equipment, animals; traveling local roads in properly marked vehicles; and providing local farm produce markets near farming areas (emphasis added). 4. BOARD'S FINDINGS AND REASONING A. Timeliness Issue raised by the Property Owner: The Board finds that the applicant filed the application within the statutory 60 day time period and thus is timely. While the applicant correctly notes that there are two stamped dates on the application, notably May 26, 2009 and June 12, 2009, according to this Boards records the application was accepted on May 26, 2009. The application was stamped a second time on June 12, 2009, when the applicant submitted additional materials to supplement the initial application. As such, this Board has jurisdiction to hear the appeal. B. Res Judicata The second issue presented to this Board is whether this structure is the same structure that was denied an area variance in Appeal #5618. Appeal #5618 involved variances for accessory structures to the principal dwelling (not the agricultural building at issue in this appeal), an as-built garage and expansion thereof, as well as an agricultural barn. This Board finds that the structure at issue here is not the same structure because there has been no evidence submitted to support this. Both the accessory buildings and the garage were applied for by the property owner as accessory structures to the principal family dwelling. As such, the prior determination does not bar the Building Departmenf from issuing a building permit and a CO to the agricultural structure at issue here and does not bar this Board from considering this appeal on the merits. As to applicant's argument that Appeal #5618 acts as a precedent because the proposed agricultural building was located in the rear yard (which we note is not relevant to the discussion of res judicata), based upon the testimony of Mr. Steele's attorney at the January 21, 2010 public hearing, while appeal #5618 granted Mr. Steel's application to build a barn 38 feet from the rear property line (as opposed to the 75 ft. rear yard setback for principal structures in the AC zone), this barn was never constructed, nor is it the subject of the building permit at issue here. This Board notes that there is a reference in Appeal #5618 to the barn as an "accessory," such reference(s) were made in error and had no impact on the substance of the decision. The applicant applied for and received a variance for the agricultural structure being in area that did not conform to the code required rear yard setback for a principal structure. C. Agricultural Structures under §280-13 Page 5 - August 26, 2010 ZBA File#6316 Louis & Luba Corso (Steele properVj owner) CTM: 1000-83-2-10.16 & 10.18 In interpreting Code section 280-13, the Board finds that in an AC zoned district, the agricultural operation(s) use and barns, storage buildings, greenhouses (including plastic covered) and other related structures, associated with the agricultural operations use, specifically the location(s) of such structure(s), shall conform to the yard requirements for principal buildings and are not subordinate to other permitted uses and the requirements of accessory structures of those other permitted uses. Both the testimony at the hearing, the traditional application of §280 by the Town to farm buildings, and the text of the Zoning Code support this interpretation. Barns and storage buildings are specifically listed under the principal permitted use section of the AC zoning regulations. Clearly, so long as a property contains enough acreage, a single property is permitted to have more than one permitted principal use. In this instance, the property owner has two principal uses on the property: an agricultural operation and a single family home. It follows that any structure that is specifically referenced in {}280-13 A as part of an agricultural operation is part of that principal use and are not subject to the requirements of accessory uses. Further, accessory uses to permitted uses in {}280-13A are set forth in a separate section of the zoning code ({}280-13 C) under the title of "accessory uses." Section 280-15 applies to the accessory uses enumerated in {}280-13C and not to the permitted uses set forth in §280-15A. Mr. Steele, the property owner, has supplied the Southold Town Planning Board and separately in a Memorandum to the ZBA on behalf of Timothy Steele and Jeanne Steele, dated February 4, 2010, documentation verifying that the business being carried out on these AC zoned parcels are a bona fide agricultural operation and that the hoop house in question is part of that agricultural operation. Additionally, the Zoning Inspector and members of this Board inspected the property and the building in question to verify its use for agricultural storage. This Board agrees with the Building Department and finds that the hoop house is not an accessory structure to the residential use of the property, but that it is part of the agricultural principal use of the property. The building permit for the "as-built agricultural hoop house for storage" on this AC zoned parcel was applied for in the permitted use of an agricultural operation. The location of the "as-built agricultural hoop house for storage" conforms to the yard requirements for principal buildings on this AC zoned parcel and was properly issued a building permit and CO by the Building Department. RESOLUTION OF THE BOARD: In considering all of the above factors a motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to; Deny, the Appeal and to uphold the issuance of Building Permit #34590 and Certificate of Occupancy #33674 Vote of the Board: Ayes: Members Weisman (Chairperson), Homing, Schneider. Nay: Members Goehringer, Dinizio. This Resolution was duly adopted (3-2). Page 6 August 26, 2010 ZBA File#6316 Louis & Luba Corso (Steele property owner) Leslie Kanes Weisman. m Chairperson Approved for Filing t//~ /2010 / RECEIVED, · ~. ' DEPARTMENT OF PLANNING COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEWED 'JUL 2 ? 009 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNINg3 July 14, 2009 Town of Southold ZBA 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 Administrative 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. Applicants Terranova, Peter S. & Barbara H. Venetis, John & Daniella Tenedios, Steve & Olga Corso, Louis & Luba Municipal File Numbers #6312 #6313 #63}5 #6116d~1~ Very truly yours, TRK:ds Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Timothy Steele 13795 Oregon Road Cutchogue, NY 11935 DATE: May 21, 2007 AMENDED: November 8, 2007 Please take notice that your application dated May 11, 2007 For permit for an "as built" farm building at Location of property 13795 Oregon Rd, Cutchogue, NY County Tax Map No. 1000 - Section 83 Block2 Lot 10.6 ls returned herewith and disapproved on the following groUnds: The "as built" accessory building is not permitted without site plan approval from the Southold Town Planning Board. You may now apply to.lhis'a"t'Tfi~ directly. Damon~n alhs, Permit Examiner CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. otes: 1 2 2009 .PPUC^TION SO TnO TOWS ,/Filed By: ~ Date Ass~gned/Ass~gnr~ent No. House No. 13795 Street Oregon Road SCTM 1000Section 83 Block 02 Lot(s) 10.16 Hamlet Cutchogue Lot Size 16.77 acre Zone AC I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 8, 2009(Building Permit) and April 27, 2009 (Certficiate of Occupancy) BASED ON MAP January 23, 2007 r~,-':'~ '~ Applicant(s)/Owner(s): Louis & Luba Corso ~ I(~ ~ loci ~c Mailing Address: P.O.Box 1207, Cutchogue NY 11935 Telephone: c/o Pat Moore Fax #: 765-4643 Emaih pcmoorel(&~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( X ) Other: applicant/Corso _ Agents Address: 51020 Main Road~ Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Emaih pcmoorel(~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED January 23, 2007 and DENIED Approved AN APPLICATION DATED March 30, 2009 FOR: E Building Permit (4/8/09) E Certificate of Occupancy(4/27/09) [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Zoning Board decision #6618 dated March 9, 2006 Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. RECE'~VED JUN 1 2 2009 BOARD OF APPEALS [] A Variance due to lack of access required by New York Town Law-Section 280-A. ~ [] Interpretation of the Town Code, Article Section E Reversal or Other Building Permit #34590 for an "as built" agricultural hoop house and certificate of occupancy issued in error in that variances to locate agricultural buildings located in an area other than the rear yard were denied in ZBA decision #5618 dated March 9, 2006 (Res Judicata) A prior appeal ~ has, [] has not been made at any time with respect to this property~ UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office for assistance.) Appeal#5618 Timothy Steele 3/9/2006 Also attached to appeal are following Town records: 1. All documents in the possession of the Town for Building Permit application (please note hoop house previously described as "agricultural storage shed" in appeal #5618) 2. Documents from Appeal #5618 a. Decision dated 3/9/06 b. Town Code 100-33 (now renumbered 283-15) marked up by building inspector for notice of disapproval. c. A bigail A. Wichham's letter dated January 31, 2005 clarifying notice of disapproval that proposed garage (marhed as #2)is a barn and p. 95 through 96 of the transcript of the hearing describing subjects of appeal. d. notice of disapproval last dated 1/28/05 with survey with numbers identifying structures also included e. photographs of "as built" structures taken January 25, 2006 showing what structures were the subject of the appeal (compare to smaller photograph tahen by Pat Moore April 2009 shows same metal storage container repainted green with sign facing neighbors, storage building was never removed after being denied a variance and new hoop house issued the CO) Name of Owner: Timothy Steele and Jeanne F. Steele RECE.ZVED JUN 1 2 2009 ZBA File ~%R~/~t:nPPEAt$ 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 neighborhood or a detriment to nearby properties if granted, because: This appeal is made within 60 days of the decision of the building inspector to issue a building permit on 4/8/09 for an "as built" structure and the certificate of occupancy for same dated 4/27/09 to Timothy T & Jeanne P. Steele. The applicant is the adjacent property owner and one of the neighbors who objected to the variances sought for agricultural structures adjacent to the right-of-way in appeal #5618. The building inspector has issued a building permit and certificate of occupancy for an agricultural structure in a yard which is not permitted in the code and as determined in appeal #5618. Photographs taken on January 25, 2006, prior to the hearing on Appeal #5618, shows a storage container and the "hoop house" previously described as an "as built shed". The only difference between the two photographs appears to be that some time after the appeal was denied the structures were repositioned, the same or another "hoop house" was placed in the side yard. Upon information and belief the same storage container which was denied a variance remains in the same area. The gray metal storage container was painted green with a nasty sign facing the neighbors. The metal container, rather than being parallel to the right- of-way, was spun perpendicular to the right-of-way. The Board denied the previously proposed addition to the garage to limit the impact on the neighbors. Mr. Steele moved placed "hoop house" (formerly called a storage shed) and the metal container in place of the addition to the garage. Mr. Steele re-labled the structures and convinced the building inspector that agricultural structures can go anywhere. The code clearly describes the location of where structures may be placed. The property contains his personal residence with "One Family Detached Dwelling" as a principal use. Steele Claims that he is a farmer and this is his farm. Hc therefore has a second principal use of agriculture. Therefore the hoop house is an agricultural structure. If he is a "farmer" and the principal use of his land is agriculture, then the structures he has constructed (Hoop House/formerly described as an agricultural shed) remains an accessory building which must be set back from the property line in accordance with the yard requirements for "principal buildings" Section280-13 (2)( c): front yard 60', one side 20' both sides45 feet and rear yard75 feet. The code intends that the setbacks from agricultural braidings be greater then the ya~J~ requirements of residential accessory structures, nevertheless, the building inspector i~md thc fact that the agricultural structures remain "accessory buildings" to thc farm (agriculture principal use). However, the analysis does not end. As accessory buildings, i.e. hoop house, must comply with 280-15 which requires these accessory structures in the "rear yard". The code states as follows: Town Code 280-15 "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear _yard, subject to the following requirements:" (underlined relevant term) In 2006 Mr. Steele claimed to the Zoning Board that he was a farmer and the "as built" and proposed storage buildings, located in the side and front yard, were required for his farming operation. The Zoning Board denied the placement of structures in the side & front yard of the his property. The impact to the neighbors was considered and the Board granted Mr. Steele the "as built" garage and a large 30' x 80' proposed barn on the east side of his property, away from the neighboring residence. He was asked by the Board to relocate the "storage shed" which was a hoop house next to the proposed 30' x 80' barn, but the ZBA denied the accessory storage buildings adjacent to the 50' right-of-way. This storage shed- hoop house can be seen today on the east side of the property, he replaced this hoop house with another hoop house in the same general area which had been the subject of the Zoning Board appeal. The building department has issued a building permit and CO for a new similar hoop house (with wood walls and a foundation), in the location where the first hoop house was located and which the Board asked him to move to the east side of his property. This analysis is binding on Mr. Steele and the building inspector. We believe that the issues were resolved in 2006. However, if the building inspector considered the new hoop house at a new locations to be sufficiently different from what the Board reviewed in 2006 and previously denied, then the Building Permit should not have been issued without a variance from this Board. (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 Planning Board waived site plan, however, the Planning Board has no legal authority to waive zoning. The Building Inspector, Damon Rallis, disregarded the zoning code, directed Mr. Steele to Planning Board for Site Plan review and issued a building permit and certificate of occupancy in direct disregard for the Zoning Board's prior ruling and 280-15. By the Board s actions m Appeal #5618 dated March 9, 2006, the apphcant had clalmeil~o~e~ structures to be agricultural structures and the Board recognized that even a~?nlt' hr~a~ 200~ structures are not exempt from 290-15 as to their permitted location. Therefore, Res ~{~0i~a~.._ is applicable and the building department, Planning Board and Mr. Steele are bound by tMs, i~'''~-~lt~ Board's prior determination. (3) The amount of relief requested is not substantial because: Mr. Steele has previously requested the placement of accessory farm structures adjacent to his neighbors, he continues to place noxious chemicals in the metal containers and he continues to run his commercial operations in the area reserved for his residential use. He sold the development rights but maintains sufficient land for the accessory agricultural structures on the south side and west side of his property. He chooses to place containers and hoop houses next to the neighbor's homes in an area which is a "side and front yard" (5) Has the alleged difficulty been self-created? (X)Yes, or ( )No The applicant has asked the Town to enforce the zoning code, the code violations are in effective because Mr. Steele pays the fine and does not correct the violation. Mr. Steele continues to build structures without permits. Are there Covenants and Restrictions concerning this land: No. (X) Yes (please furnish copy). Development Rights Covenants & Restrictions on adjacent farm land which excludes subject area 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. checl{ this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Owner) must submit (Agen ~n Authorization from Sworn to bef~)¢e day of -,~'~,, BRENDA L STRICKL'~'ND I~iota~y Public, State of New No. 01ST6014034 Quelified in Suffotk County, Commismon Expires 09/28/20~1 JUN 1 2 200B ~1~ ~OARD OF APPEAL$ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The farm must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of alarm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name ofApplicant: {---{Dk), ~ ~q,.~c-.~ [-Lz~6Fq 2) AddressofApplicant: ~.~. ~ ~ 3) Nme of Land Owner (if other than applicant): ~ 4) Address ofLand Owner: ~ % ~ O~ 5) Description of Proposed Project: ~C c a xx~ 6) Location of Prope~ (road and t~ map ~umb¢¢ 7) Is the parcel within an agricultural district? ~No ~Yes lfyes, Agricultural District Number 8) Is this parcel actively farmed? ~No ~Yes ( 9) Name and address of any owner(s) of land within the agri~ltural district containing active fa~ operation(s) located 500 feet of the bounda~ of the proposed project. (lnfommion may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the p~cel numbers on the Town of Southold Real Prope~ Tax System. Name and Address 2. c3 6. - ' '0 - (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765 - 193~-~ Board of Appeals at 765-1809. --Signature of Applicant Date Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation ~vill be made by supplying a copy of this statement. 2, Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above, The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 ~NSACTIONAL DISCLOSURE FOl~ APPLICABLE TO OWNER, CONTRACT VENDEE A~ 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. (Last name, first name, middle initial, unless you are applying in the name of Someon; else other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have relationship with any officer or employee of the Town of Southold? "Relat_~ions~ -bl°°d~0r busine_ss interests "Business interest" means a business incl.uding__a a~P~_hip, i_n which the Town officer or emplg~y~ee has even a~l/~rtial ownership ~of (or ~y) a corporation in which the Town officer or employee owns more than 5% of the YES If you answered "YEX", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the To~vn 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) n officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this_ ~,~6, da't,-of ~ 'NER TOWN OF SOUTHOLD PROPERTY RECORD CARD '~T-REET /~?~j~'~, I VILLAGE I ~ST1 SUB__ REMARKS ACR. ~, © TYPE OF BLD. PROP. CLASS LOT '~ulV .~ ~ 20/~~ IMP, TOTAL DATE !7oo FRONTAGE ON WATER FRONTAGEONROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL ,-~--~'-Z3-.~ ~o,'7 TOWN OF SOUTHC~i ~}PROPERTY, RECORD CARD OWNER,. FORMER~OWNER RES. SEAS. VL. LAND IMP. TOTAL DATE VILLAGE DISTRICT SUB. ACREAGE TYPE OF BUILDING coMM. IND. REMARKS LOT CB. 2 Tillable 3 Woodland Swampland Brushland Hc~se Plot Total Extens~O Porch Deck '= '%41 Foundation Basement Fire Place Dormer Bath ,,~ ~/%_ Dinette Floors )Interior Finish Heat Woodstove BR. Attic Rooms 1st Floor ms 2nd Floor Pool 10300 RECE~[VED JUN ! ~ ~009 BOARD OF APPEALS 83..~.10.16 3/07 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOW fiALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20.__ Disapproved a/c Expiration 20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: BUILDING PERMIT ~ _c- :--~ .......... INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit 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 buiIding permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may anthorize, in writing, the extension of the permit for an addition six months. Therea~er, 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. "~ame, if a corporation) (Mah'mg address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number u Street County Tax Map No. 1000 Subdivision (Name) Section Hamlet Block Filed ?(" a. Existing useandoccupancy ~.. b. Intended use and occupancy 3. Nature of work (check which applicable): New Building-~'(~x ~O~h eArd~ ~rOkn Alteration Repair Removal Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear _Depth Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear _Depth 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES __ NO__ 13. Will lot be re-graded? YES__ NO __Will excess fill be removed from premises? YES __ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO __ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO ~I~ril~ivda;iSonUrValYlnt~ ;~i~ lni'o~ipthro;C~711 afi~d~etii~rI:lbelanoanw,dmC iuSstt;rCoe~itd°e~i;~;;]~ince~ data on survey. STATE OF NEW YORK) SS: COUNTY OF ) ~ [ /tam ~¥ ~- ~ ~LCee I'~_~ being duly sworn, deposes and says that (s)he is the applicant (Name of individufil signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~tg~gd-~dayof .,r[4~ 20~9 "~ t Notary Public Signature o f Applicant Exhibit A FORM NO. 4 NO: Z-33674 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY THIS C~TIFIES that the building AGRICULTURAL STORAGE Location of Property: 13795 OREGON RD (HOUSE NO.) (STREET) Date: 04/27/09 UNI 2200 80ARDO~pp~L$ (~L~MLET) County Tax ~4ap NO. 473889 Section 83 Block 2 Lot 10.16 Subdivision Filed Map NO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 30, 2007 pursuant to .which Building Permit NO. 34590-Z dated APRIL 8, 2009 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" AGRICULTUR3tL HOOP HOUSE FOR STORAGE. The certificate is issued to TIMOTHY T & JEANNE F STEELE (OWNER) of the aforesaid building. N/A N/A N/A rized Signature Rev. 1/81 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) JUN l 2009 PERMIT NO. 34590 Z Date APRIL 8, 2009 Permission is hereby granted to: TIMOTHY T STEELE 13795 OREGON RD CUTCHOGUE,NY 11935 for : CONSTRUCTION OF AN "AS BUILT" AGRICULTURAL HOOP HOUSE FOR STORAGE at premises located at County Tax Map NO. 473889 Section 083 pursuant to application dated MARCH Building Inspector to expire on OCTOBER Fee $ 150.00 13795 OREGON RD CUTCHOGUE Block 0002 Lot No. 010.016 30, 2007 a/%d approved by the 8, 2010. ~ed Signature--------- Rev. 5/8/02 ORIGINAL For new building or new use: 1. Final survey of prope~y with accurate location of all buildings, prope~d lines, struts, and unusual natural or topographic feature. 2. Final Approval from Health D~pt. of water supply and s~werag¢-disposal (S-9 form). 3. Approval of elootrieal installation fwm Board o f Fire Underwriters. 4. Sworn statement from plumber e~tifying that thc solder us~l ia system contains less than 2/10 of 1% lead. 5. commemial building, industrial building, multiple ~aldences and similar buildings and installations, a certificat~ of Code Compliance from arehite~t or engia~cer ~ponaible for tho building. 6. Submit Planning Board Approval of completed site plan req~m~ments. B. For existing buildings (prior to April 9, 1957') non-conforming uses, or buildings and "pre-existing" land uses: 1. Aceurate sarvey o f propexty Showing all property lines, sta'e~, bull fling andunusual natural or topographic features. 2. A properly completed application and consent to inspect signed by tb~ applicant. If a Certificate of Oceupancy is deuie~l, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees l. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Air,cations to dwelling $25.00, ~ Swimming pool $25.00. Accessory building $25.00, Additions to accessory building $25.00, Businesses SR~,_G3t~ (,, 2. Certificate of Oecupancy on Pre-eXisting Building - $100.00 3. Copy of Certificate ofOceupaney - $.25 4. Updated Certificate of Occupancy - $50.00 Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 New Construction: Date. JUN 12 20G t O4Ro Ornt o nt $ Old or Pre-existing Building: (check one) Loca~ooofPmperty: 137~.5' ' l~r'e-~-~ I~> House No. Street Owner or Owners of Property: Suffolk County Tax Map No l~O00, Section Subdivision Permit No. 3 ~]S~O Date of Permit. Health Dept. Approval: Bleck c~ Filed Map. Applicant: Underwriters Approval: Planning Board Approval: Request eor: Temporary Certificate Fee Submitted: $ Final Certificate: ~'""'~"'(check one) TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ]FOUNDATION 1ST [ ] ROUGH PLBG. [ ]FOUNDATION 2ND [ ] INSULATION [ ]FRAMING / STRAPPING ~FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REMARKS: DATE FIELD INSPECTION I~EPORT I DATE ] COY~MENT$ ~ ~.~ FOUNDATION (IST) O ~ 9 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN I~ALL SOU'[HOLD, NYqI971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Expiration ,20 PERMIT N O..~t.-/~-~/O _~ BUlLDING ,PERMIT AP P LICATIONd~[EC K LIST Do .;ou ave or need he follo~,ing,~le applying? Board of Heahh ......... 4 sets of Buildlng Plans Planning Board approval Phone: -~~X,X :PLICATION FOR BUILDING PERMIT _. ~:.. iNSTRUcTiONs xc Date '"~- '~ .20~,~ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building h~spector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of 1o~ 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 betb[e issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Pemtit to lhe applicant. Such a permit shall be kept on the premises available for inspection throughoul 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. E Every building permit shall expire il'the work aulhorized has not commenced within 12 months slier the date of issuance or has not been completed within 18 months from such date. If no zonina amendments or other regulations affecting the properly have been enacted in the interim: the Building Inspector may authofize. ~n writing, the extension of the permit tbr an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to tl~e Building Department for the issuance ora Building Permit pursuant to die Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinm~ces 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 buildin 8LDO. DEPT. State ~vhethe ~pp!!co,,~}W~,~l}~/tlq~d~see, ace (Ma/tlng address ofapplican0 -- architect, engineer, general contractor, electrician, plumber or builder RECEIVED JUN 1 2 2009 Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. v/l. Location of land on which proposed work will be done' County Tax Map No. 1000 Section q~ ~ Block Subdivision (Name) Filed Map No. ,. ]' .d ~:' . ~ I AY 2 6_ v',,,o 2,~., State existing use and occupancy of premkses and intended use and occupancy of proposed constru'cti~ a. Existing use and occupancy ~:~. , 'C-~ t- c.~:~ " , b? Intended use and occupancy 3. Nature of work (check which applicable): New Building -/'~Z)Addition Repair Removal Demolition Ofher Work 4. Estimated Cost Fee 5. I f dwelling, number of dwelling units If garage, number of cars Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, speci~ nature and extent of each type o f use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size of lot: Front Rear .Depth Rear 10. Date of Purchase Name of Former Owner 1 l. Zone or use district in which premises are situated 12. Does proposed constructioo violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO __ Will excess fill be removed from premises? YES NO 14. Names of Owncr of premises Name of Architect Name of Contraclor Address Phone No. Address Phone No Address Phone No. 15 a. ls this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO .... * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevati0n at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) ___ ' ( l~Z~-~-~(~[~;~, beingdulyswom, deposesandsaysthat(s)heistheapplicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this :.5'D'/'q~dayof ,/I/t~ __200 t i l~0tary Publ'i~ Signature of Applicant · PLANNING BOARD MEIVIBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND April 28, 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Steele Project Located at 13797 Oregon Road, Cutchogue SCTM#1000-83-2-10.16 Zoning District: AC MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd: & Youngs Ave.) Southo]d, NY Telephone: 631 765-1938 Fax: 631 765-3136 Dear Ms. Wickham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 27, 2009: WHEREAS, at its February 9, 2009 meeting, the Planning Board determined to waive the site plan requirements of §280-133 with respect to the siting of a hoop house in the front portion of the property located at 13797 Oregon Road in Cutchogue, SCTM#1000-83-2-10.16, owned by Timothy Steele; and · WHEREAS, that determination was set forth in a letter dated February 23, 2009 to Mr. Steele's attorney; and WHEREAS, the Planning Board wishes to ratify and confirm its determination by the adoption of this resolution; therefore be it RESOLVED, that the Planning Board hereby ratifies and confirms its determination to waive the formal site plan requirements of §280-133 with respect to the siting of a hoop house in the front portion of the property located at 13797 Oregon Road in Cutchogue, SCTM~1000-83~2~10.16, owned by Timothy Steele, for the reasons set forth in the letter of February 23 2009 to Abigail A. Wickham, Esq. and approves the siting of the structure~ wh~ere situated. If you have any questions regarding the above, please c;ntact this office. '/~//1/- Very tru y yours, · Martin H. Sidor Chairman cc: Southold Building Department Local CriminaI Court TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK ) COUNTY OF SUFFOLK ss TOWN OF SOUTHOLD ) Timothy T. Steele 13795 Oregon Road Cutchogue NY 1193,5 The undersigned Town Employee of the Town of Southold, being duly swum, says that On or before March 27, 2007 at 13795 Oregon Road, Cutchogue hamlet of Town of Southold, County of Suffolk, State of New York, the defendant, Timothy T. Steele wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section i44-8A § 144-8. Building permit required; application for permit. [Amended 5-30-1995 by L:L. No. 11-1995] A. Building permit required prior to commencement; exceptions. [Amend~l 12-8-1998 by L.L. No. 28-1998; 10-26-1999 by L.L. No. 17-1999] (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code. To wit; The defendant, Timothy T. Steele did erect an accessory structure on his property at 13795 Oregon Road Cutchogue, SCTMO 1000-83-2-10.16 without a valid Building Permit issued by the Town of Southold. Said structure is located on the eastern side of the main dwelling. This complaint is based on personal 3~wledge. SWORN TO BEFORE ME THIS ~'~ DAY OF Signat~r~ of Oltic~l Admi~ng ~ath Complainant MELANIE DOROSIql NOTARY PUBLIC, Stae of New Yor~ No, 01004634870 Qualified in Suffolk County Commission Expires September 30, TOWN OF SOUTHOLD South~ld, New York, 11971 ISsued to: Lasl Name ~ir~ Nan~ ~ -- YOU ARE HEREBY directed to appear at ~e Justice Co~, Town of Southold ~own H~I) 53095 Main Road (Sram Roum 25), Sou~old, New York 11971. 0n~e& ~O · dayof~',~ ~ APPEARANCE TICKET- commission of the offense of: cona'ary to the.~rgvisions of of the code~f the Town of Southold Dated: ~ Issued .aml'~bscribed by: m connection with your alleged N~ IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONs OR WARRANT FOR YOUR ARREST MAY BE ISSUED. building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such.building or structure. A TOWN OF SOUTHOLD Southold, New York, ! 1971 APPEARANCETICKE~ N: Issued to: comnUssion of the offense of: Clly or T o'.,m ,~ Slate Zip YOU ARE HEREBY directed to appear at the Justice Court, Town of SouthoId (Town Hall) 53095 Main Road (State Route 25), Southold, New York 11971. O. the_ c~' 0 day of at (-~ '. ~ O o'clock in the h M. contrary to the prgvisions of of the code of the Tgwn of Southold Dated: Issued a~subscribed by:~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE February 23, 2009 Ms, Abigail A. Wickham PO Box 1424 Mattituck, New York 11952 MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hull Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 PLANNING BOARD'OFFICE I1 ) g F. OWN OF SOUTFIOLD Re: '~ gED Dear Ms. Wickham, This le~er is to inform you of the Southold Tawn Plenning DoriC's decision regaling your site plnn npplicafion for Timathy Steele, ~OT~ 1000-83-2-10.16. Site Plan Application for Timothy Steele This property is located at 13797 Oregon Road in Cutchogue. SCTM~1000-83-2-10.16 Zoning District: AC The Planning Board has reviewed the above referenced application at their February 9, 2009 Work Session. Based upon this review and materials supplied by the applicant, the Planning board has determined that Site Plan approval for this project is not required for the following reasons: a. Pursuant to§280-127 of the Southold Town Code, Site plan is not required because the proposed agricultural hoop house will not create any changes in use or intensity of the property which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities; b. The proposed Quonset hut type building/hoop house was reviewed by Allan S. Connell of the Natural Resources Conservation Service (NRCS) and a determination was made that there was adequate drainage.for this structure and that no further measures were required to control run.off; c. Pursuant to §280-133(c) of the Southold Town Code, the Planning Board has the discretion to waive any or all of the requirements of §280-133, where the application involves uses strictly related to agriculture and where the requirements of §280-133 are not necessary to protect and maintain the public health, safety or welfare; d. The applicant has supplied the Southold Town Planning Board with documentation verifying that his business is a bona fide agricultural operation and that the property upon which this hoop house is built is part of the Suffolk County Agricultural Districts Program. i--If you ha?e' ~ih~, quest ons, please do not hesitate to contact this office. .. Thani~'you. Tamam S. SadoO Planner Town Of Southold Southold Town Annex 54375 State Route 25 PO' Box 1179 Southold, NY 11971-0959 Telephone: (631) 765-1938 Cc: Timothy SteeLe Mike Verity, Chief Building Inspector 45/ March 18, 2009 Mr. Damon Rallis Code Enforcement Southold Town Building Department Main Road Southold NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Re: Timothy Steele 1000-83-2-10.16 Margaret Rutkowski Betsey Perkins Secretaries Dear Mr. Rallis: It is my understanding from our conversation that you are considering granting building permits for "as-built" structures located on the property of Timothy Steele, and more specifically, a metal storage container and a "hoop house". These structures, which are located in the side yard and front yard areas of the Steele property, were the subject of a decision of the Southold Town Zoning Board of Appeals in File No. 5616. In this decision, the zoning board denied the owner's requests for variances with the exception of the accessory garage that had been built improperly in the side yard. The board granted a variance for an accessory barn [not the structure at issue] I have reviewed the files of the Town Planning Board and note that the planning board, by a letter signed by planner Tamara Sadoo, waived site plan review for these structures. Regardless of the action supposedly taken by the Planning Board, nothing changes the fact that under the town code no structures are permitted in the side yard, and no variances have been granted by the zoning board of appeals to permit any structures in the side yard. Neither the metal storage container nor the "hoop house" are permitted in the side yard where they have been located on the Steele property. The Steeles did not appeal the determination of the Southold Town Zoning Board in its decision in File 5616, and the Planning Board has no legal authority or jurisdiction to render an opinion as to the provisions of the town's zoning code. The Planning Board's determination that site plan approval i:ould be waived, created no fights for the location of these structures in the side yard in violation of the town's zoning code and the zoning board's decision. In short, the provisions of the town zoning code and the zoning board's determination in appeal 5516 are binding upon the property owner, the neighbors, and all town agencies and S,OAaD OF O~rage (Round Style) , ~KU #p'BO1410R4N 2'6, Wide x'12' High x 28' Lon~- x 12' ,High x 36' Long It is important to select a proper location for your poly shelter. While the location may have been predetermined before you even ordered your shelter, you may want to "improve" the location before starting the assembly process. One of the most important considerations is that the location should be level. If it is not, the shelter's frame will not assemble or sit properly. If your location is not level, you should consider grading it before building on it. Another altemalive is to provide footings which are level to support the shelter. These could be pressure-treated posts, precast concrete blocks, or poured in place footings. Drainage is another impodant consideration, Rain flowing off your shelter should have a natural path to flow away from the shelter and not under or into it. Step 1: Before you begin to assemble your shelter you should first unpack the contents of your shipment. During this process you will both verify that you have all the parts required to build your shelter and learn what all of the various parts look like. Tip: We recommend you stad by laying out the contents of your shipment in an orderly fashion as shown in the photograph below The contents of the Bill of Malerial for your shelter will depend on the size of the shelter ordered. Please refer to the Bill of Material that came with your shelter. Step 2: Carefully go through the bill of material and verify that you have all the required pads,...~l~._.., Tip: It is not necessary to open the plastic bags and count all of the fasteners at this ti~l~¢L~, Likewise, it is not necessary to unfold your covers except to verify that you have the correct end panels as ordered. ~UN ] ~ BOARD OF 4 Page 3 ~rew Purlin End Clamp ~~Cayriage Bolt & Hex Nut Purlin Cross Clamp Driver Bit Swaged and Unswaged Rafter Sections (all pieces may not be shown) Brace Band Single Socket "T" Purlin/Cover/End Conduit (only swaged is shown) Strut Fabric Clip Note: Illustrations are not to scale; Page 4 ROLL-UP DOOR AND CRANK HANDLE PARTS Crank Assembly Conduit Fabric Clip Crank Assembly Swivel Joint Crank Assembly Handle Gable End Bracket / / Strap Ratchet Plain End Panel Plain End Strap Zippered End Panel Cover Note: Illustrations are not to scale. Page 5 Your assembled shelter will be similar to the illustration below: First you will assemble the frame: END INSIDE PURUNS CROSS END RAFTER RAFTER CLAMPS CLAMPS ENO CONDU~ STRUT BRACE RATCHET CORNER ~¢~ BAND CONNECTOR Note: Raffercountinillustration may differfrom yourshelter model ~04~0~] ~200~ 0~4~P~4~$ Page 6 Two of the rafters will be used on the ends of your shelter. You'll make these 2 end rafters first. Step 1: Locate the 6 sections of pipe to make an end rafter. This will include three swaged "1" sections, one non-swaged "2" section, and a pair of swaged "X' extensions. Step 2: Slide a cast "T" connector onto the top "1" section just inside the swaged end as shown in the illustration below. Note this rafter will be used in the rear of the shelter for the plain end. Step 3: Fit the sections together starting with a "1" and a "2" at the top. Next, fit another swaged section "1" into each end to form an arch. Finish by adding an "X" extension to each end of the arch. It is essential that you perform this step on level ground or the completed rafter assembly will be twisted. X I Single 2 Socket 1 1 Brace Band Purlin End Clam X Rear End Rafter (without door) Inside Rafters have Cross Clamps and do NOT have a "T" Connector. Step 4: Inslall the supplied hex driver bit into the chuck of your drill/driver. Page 7 .' Step 5: Secure each connection by inseding a Tek screw into the side of the arch. Tip: Tek screws are self-drilling and no pilot hole is usually required. If you have trouble getting a Tek screw to "bite," try another Tek screw (or you can drill a 3116" pilot hole). Step 6: Repeat the steps above to assemble the front (door) end rafter using the same procedures as the rear EXCEPT the front end rafter does not have the "T" connector. End rafters use Purlin End Clamps and Brace Bands. You will add these fittings now: Step 7: Slide 3 sets of Purlin End Clamps onto one of the rafters. These will be be used to'secure the purlins to the end rafter. Turn them as required to get past the Tek screws at the joints. You'll need one at the top of the rafter and one on each side of the rafter at the joint. Tip: On the sides of the rafter, position the top strap of the end clamp so it rests on the Tek screw. This witl help prevent the clamp from slipping if the purlin has to support any weight. Page 8 Step 8: Slide a 1.66" Brace Band over each end of the rafter, and up the rafter a few feet. These will be used to secure the struts. Step 9: Slide another set of Purlin End Clamps onto each end of the rafter. These will be be used at the lower ends of the rafter and will "trap" the brace bands so they can't fall off. The clamp should be about 2" away from the end of the rafter to leave room for the "T" connector which will be added later. You should now have a total of 5 sets of end clamps on your rafter. Lower Position (with purlin installed) Step 10: Repeat the steps above to. add end clamps to the other end rafter exactly like the one you just made. The rest of your rafters will be used on the inside of your shelter. You'll make these rafters now. Step 11: On all inside rafters, install Purlin Cross Clamps at the same locations where you installed end clamps on the end rafters. Leave the screws loose so you can slide in the purlins later on. This model has 5 clamps per rafter. Inside rafters do NOT have "T" connectors or brace bands. Typica~ Cross Clamp Tip: On the sides of the ra~er, pos~ion the top strap o~ the cross clamp assembly so it rests on the Te~ screw. This will help prevent the clamp ftom sloping i~ Ihe purlin suppo~s any weight. Page 9 DO NOT INSTALL END PANELS ON A WINDY DAY AS DAMAGE TO THEM MAY RESULTI Step 1: Locate the plain end panel, end conduit sections, and 3 cast "T" connectors. NOTE: If the hem of your end panel has not been notched out, follow the procedure below. Step 2: Lay the solid end panel (not the one with the zippers) out on a clean flat surface. Tip: Lay a few pieces of wood on top of your panel to prevent a breeze from getting under it. Step 3: Make a conduit assembly the width of your shelter (two 99" swaged and a 48" unswaged). Slide a "T" connector to the middle, and add a "T" connector at each end as shown below. Do NOT tighten the allen bolts on the "T" connectors at this time as you will need to remove them shodly! Step 4: Place the end conduit assembly centered side-to-side on top of the hem of the end panel. Step 5: With scissors, trim the corners and middle of the end panels as shown below so the cast "T" connectors will be exposed when the tubing is placed inside the hem. Page 15 · Step 13: Insert the upper end of the veriical conduit into the "T" connector at the peak of the end rafter. Tighten the screws in both of the 'T" connectors (top and bottom) at this time. Step 14: While standing inside the shelter, start at the peak of the end rafter and pull the end panel material over the top of the rafter so the material edge is on the inside of the rafter. Step 15: Secure the panel in place at the top center with a fabric clip. Step 16: Move outward in both directions, placing one fabric clip every 24." Page 18 'DO NOT INSTALL END PANELS ON A WINDY DAY AS DAMAGE TO THEM MAY RESULTI Step 1: Locate the zippered end panel, end conduit sections, and 5 cast "T" connectors. NOTE: If the hem of your end panel has not been notched out, follow the procedure below. Step 2: Lay the zippered end panel out on a clean fiat surface. Tip: Lay a few pieces of wood on your panel to prevent a breeze from getting under it. Step 3: Make another conduit assembly the width of your shelter. Slide 2 "T" connectors to the middle, and add a "T' connector at each end as shown below. Do NOT tighten the allen bolts on the "T" connectors at this time as you will need to remove them shortly! Step 4: Place the end conduit assembly centered side-to-side on top of the hem of the end panel. Step 5: Slide the middle "T" connector to the center of the conduit assembly, rind slide the other two "T" connectors Io coincide with the flaps jusl outside each door zipper where the vertical sup- ports will be located. Step 6: With scissors, trim the corners and vertical suppod positions of the end panels as required so the cast "T" connectors will be exposed when the tubing is placed inside the hem. Step 7: Remove one end "T" connector and the two "T" connectors in the middle and slide the end conduit assembly into the hem at the bottom of the end panel. Insert the end conduit through the side and middle portions of the end panel only and not through the door section. Page 19 Step 6: Cen!er the cover front to back and side to side. Step 7: In the front and rear hems, locate the black straps. Step 8: Fasten a ratchet to the end conduit.with a Tek s~rew in the bottom hole of the ratchet. The ratchet should be about 6" in from the end of the conduit. Repeat this step in all four corners. Step 9: Tighten both corner straps on each end by pulling on them manually. Have a partner help you so you can pull on both straps for an end at the same time. Step 10: Cut off the excess strap leaving 12" in length. Step 11: Feed the strap through the center slot in the ratchet and tighten slightly. COVER PLAIN STRAP END- - RATCHET TEK SCREW End Ratchet Step 12: On the side of the shelter, lift the cover up from outside the shelter so you can see the conduit frame. Step 13: Locate the cutouts in the cover exposing the conduit. This is normally the second, the next to the last, and every other rafter in between. Fasten ratchets to the outside of these rafters 4fg_~, with a Tek screw about 2" from the bottom of the rafters. .e,,~ 3/4. Note: Some models may have two consecutive rafters without ratchets, j~iN~ '~eO goos Page 24 !' 4/)~E4~ ,,~ The Town of Southold, N.Y. 3-17-2009 °°44° The construction of the temporary hoopstructure is as follows; Hoops are 2 "steel tubing placed on 3 'centers Hoops are bolted into a bracket which is screwed to the top of the knee-wall. Each hoop has 2 anchoring brackets- 1 on each end. Additionally the hoops are secured to the ground with 3 24" earth anchors on each side. Purlins are 1.25" steel tubing horizontally placed (qty 4) according to instructions Knee walls are treated 6x6" stacked 3 high above the ground. They are screwed together with 8" timber lok screws. The knee walls have 6 4x4" dead-men in vertically to a depth of 3'. End Walls; 2x4 construction with screws, 24" on center. Sheathed on the outside with Texture 111 type siding. The sliding barn doors are also 2x4 constructions on barn door trolley system. Dimensions; ht = 14', width = 20', length = 24' NOTE; No Nails were used to erect this temporary structure Exhibit B 1~0/06/~006 1~:32 FAX 631 765 464;~ Ru~ D. ~a, ~ D~io, ~ ~ W~m~ MOORE LAW 0FFICHS hup~/~ou~hokilowa,nOr~b~ork,ne~ ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (f~l) 7~.1809 * Fax (Gl) 765-9004 ~ 003 Sov~hold Town Hall 53095 Main Road · P.O. Box 1179 Southold, Ny 11971.0959 Tov~ Aune~ ~t Floor. North Fork l~ank 5437~ Main 1~ (at Youagz Av~nt~) FINDINGS, DELIBERATIONSAND DETERMINATION MEETING OF MARCH 9, 2006 ZB File No. 6618 -TIMOTHY STEELE Property Location: 13795 Oregon Road, Cutchogue CTM 83-2-10.10 and 10.18 SEQRA dETER IMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fells under the Type Il category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DE.$.CRIPTIOH; The applicant has submitted a survey prepared December 12, 19W3, aw~mded April 14, 2004 by John T. Metzger, L.R. of the entire '16.77 acre parc, el, including the location of their single-family, two-story home, accessory garage and swimming pool. Also shown is an (as-built) a~oessory storage s~ruc{ure and proposed barn, proposed addison to the garage, and prol)~ed storage structure (container). The applicant has also submitted a second sul'vey map, prepared June 26, 2002, amended July 28. 2005 by John T. Metzger, L.S. conceming 2.95 acreage, apart from the remaining acreage (farmland with Suffolk County Development Right Restri~ons). BASIS OF APPLICATION; Building Department's April 23, 2003 Notice of Disapproval, amended May 20, 2004 and January 28, 2005 citing Sections 100-31A(2-C) concerning a barn (building ~1) proposed at 38 feet ~l'om the mar yard line instead of the cede-required 75 feet. Also cited is the accessory nonconforming garage (building ~2) placed ~n a s~de and front yard I~cation, and than a proposed 16 ft, extension to the as-built garage In a skie yard. (The building permlt in 1996 under# 23399-z allowed an accessory garage based on a request to built only In a rear yard location.). The 1bird and fourth buildings are [or storage in a front yard location, All construction was requested In a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on thls applicatlon on March 31, 2005, June 2, 2005, and Janua~ 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, peraonei inspe~'lion of the property, and other evidence, the Zm~ing Board finds the ~ollowing facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting variances concerning ~e following; as-bui)t25.4 by 35.8 fL accessory 9arage~ proposed 16' x 25' a~ditbn b3 the as-built a=cessory garage, 6' x 25' shea, 30' by 8O' accessory bar~ building, and ~s-built ~ocation of en 8' x ~- . Page2-Mar~hg, 2006 CTMNo. 83-1-10116 and 10.1s ~oo~[ A'~'C..-.~V~.~ ~//~ ~.3' ac~so~ shed, as shown on the sudsy prepared D~cem~er 1~ 1995, mend~ Ap~l I4, 2004 by John T. Me~gar, ADDITIONAL INFOI~MATION AND~AMENDMENT: During ~he public hearings, numerous discussions were held regarding the applicant's nonconforming locations of the storage container structures and proposed 8' by 25' shed, as well as the proposed garage extansior). Adjacent landowner(s) representatives also spoke with OOl~carns end.objections to the requested variances (please see hearing transcripts for detailed statements of verbatim testimony), APPLICANT'S AMENDED SURVEY SIT]~ MAP: On August 1, 2005, the applicant submitted an amended survey site map. dotal June 2§, 2002, amended July 28, 2005, by Peconic Surveyors, P,C, corm~tlng the property boundary lines adjacent to the fight-of-way, and relocating the 8' x 25' accessory shed to the ea~tero yard area at the rear of the dwelling. REASONS_F_OR BOAED ACTION: On the basis of tes§mony presented, materials submitted and personal Inspections, the Board makes the following findings: 1. Grant ~ relief will produce an undesirable char~ge in the character of the neighborhood or a dormant to nearby properties. The applicant's property contalns buildings, of which only two (dwelling and swimming pool) were issued certit'lcates ol~ ocaupancy on this 2.93 acres of residential property. The applicant's residential property borders a separate, adjacent pr'rvate read which provldes access to neighboring dwellings under construction near the Long Island Sound. The applicant requests a variance for the es-built 8 fL by 22:3 fL storage container structure in a front yard. Also proposed is an accessory 30fL byS0 fL barn, 28 feat to ~3e top of file ridge (mldlhle at 22 feat), In a location at least 38 feet from the eastern lot line er~d 90 feet from the northern lot line adjacent to the SO-ft, wide right-of-way as modified to be In a rear yard location. A new accesso~ 8 ft. by 25 fl. storage shecl is also proposed, and applicant has modified the request for this shed In a , permitted reef yard IDeation at a minimum of 52 feet from the eastern lot [ins (instead of the orlglna~ request dear the right-of-way at the northern boundary line). The 18 fL by 25 fL addition is proposed on the westedy side of the existing accessory garage which is a front yard and proposed to be only 20 feet froro a 50-f~. wide right-ot'-way, No buildings or s~ructures are perm~ed to be located in a front yard area, as confirmed in the Building Inspector's Notices of Disapproval because they are required to be in a rear yard. The rear yard/s a large area available for placement of accessory bu{Idings ae an alternative to the applicant's requests. 2. The benel'tt sought by the applicant can be achieved by, some method, feasible for the applicant tO pumue, ether then ar~ area variance, The applicant's alternatives are: (a) to propose an addition to a garage in a conforming rear yard Ioe. a~ion, or to locate an accessory garage building tn a conforming roar y~rd location, rather than a front yard, (b) to locate the accessory barn and other accessory s~'uctures in the rear yard which is open area. The rear yard conalst~ of over a half acre of avaitable land area for altomatlve locations of accessory buildings. 3. The variances requested ara substantial. The buildings ~re proposed in non-permitted yard arose. 4, The difficulty has been self-created. The garage as exists, the addition as proposed to the garage, and the metal storage container were built without writta~ towr~ approval. J. 0/og/2006 11:,3-3 F,~; 63~, 765 464,3 -?' · ..Pag~ 3 - March g~ 2006 i' ,~ Pile Ne, ~61s - 'rimo~y Steele -: CTM No, s3-t-'lO.l'~6 end 10,18 Evidence has been SubmRtsd to suggest that the requested variances in this residantJal communRy will have ar) adverse impact visually on the physicaJ or env'~ronrnen~al conditions ir~ the neighborhood. ~ESO. L.U. TION OF THE BOARD: In considering all of the above factom and applying the balancing test ur~der New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to DENY the relief requested with respect to the addition to the garage and acces~ol3/conta~er and ~h~(s), as applied, and to GRANT a variance with respect to the accessory barn, as shown on the survey amended July 28, 2005 by Pec~nic Surveyors, P,C. and shown on the elevation and lenglh/wtdth diagram prepared by The Tandy Farm revised 1/15/05, and to GRANT relief for the aa-built location shown on the survey amended July 26, 2005 by Peconlo Surveyors, P.C. of the 25.4 fl. by 35.8 It. accessory garage (without extension), shown on the 9-26-03 diagram prepared by The Tandy Farm except that the setbacks shell remain as-bulit at a minimum of 20 feet from the northerly front yard lot line at it~ closest point and 25 feet from the northerly front yard lot line at the oppoeRe comer, subject to the follow~ng Condition: That a length of eoreening be planted ~nd maintained for a minimum of 42 linear feet on the north side of the existing garage. 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 nonco~formities under the zoning code. This action does not authorize or condone any currant or ~ture use, setback or other feature of the subject properbj that may violate the Zoning Code, other than.such uses, setbaclcs and other features as ara expressly addressed in this action, Vote of the Board: Ayes: Members Olive (Chairwoman), Goehringer, Simon, and Weleman, Member Dinizio was absent, This Resp;~'~lon was du~y, adopted (4-0), Ruth D. Ollva, Chairwoman 10/.CY I06 Approved for Filing av JUN 1 2 2009 ory o,~,,,~,-~, t~nded 4-10-1990 by L.L. No. 6-1990] 40~tHD~&g~t~_u~cu. ral-L;on~ervation~District and Low-Density Residential R~R-200 and R--~- ' 00 Districts, accessory buildings and structures or other accessory u(es shall be located in.the required rear yard, subject to the following requirements: , ~..~.~---------- Such buildings shall not exceed eighteen (18) feet in height Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by EL No. 2-1991] (1) On lots containing up to twenty th6usand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet fi`om any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet fi`om any lot line. (4) On lots containing in excess of se ' ousan ' undreW'ileitiS79,999) square feet, such buildings shall be set ba6k,.~s than twenty (20) feet from any lot line.~ C. In the case of a waterfxont parcel, accessory buildings and structures may be located in the f~ont yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-1992] L~W OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLL1AM WICKHAM (06-02) ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 111 MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 January31,2005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Tim Steele (Appeal # 5618) Premises: 13795 Oregon Road, Southold, N.Y. SCTM # 1000-83-2-10.16 and 10.18 Ladies and Gentlemen: Enclosed are seven sets of the following pursuant to your request: Amended Notice of Disapproval dated January 28, 2005. We have clarified that what was described previously as a proposed accessory garage is a barn which Mr. Steele needs for his fanning operation on the premises. Survey prints - the actual proposed barn size of 80 X 30 has been noted in pencil, and prior-to conclusion of the matter, a final map from the surveyor will be obtained. Sketch showing height of proposed barn for which variance is requested. This is the same as submitted to you with our amendment in October, '04. However, I have added the midline of the roofs. Please advise if there is anything further you require. AA W/dm l/shdzba Encl. Very truly y~rs, , ~bigail A. Wickham NOTICE OF D~SAPPROVAL ~o4~ TO: Gaff Wic~l MC T~mo~y Ste~I~ 13015 M~n RoM .. Mattituck, ~- 11952 Pie~e take notice that your a~lic~on dated $~ua~ I6, 2003 For pe~t for ~ai~rafiom ~ a nonconf~in~ a~ce~sorv ~ ta e " ~" a~ 0 L~ation Co~ty T~ Map No. I ~0 - Section ~ ~1o~ Iz returned he~i~ and di8approv~ on ~ follo~ng groun&; ~a ~t mitred u~uant ~ o ~lelelII 8ec~ n 0 31 A 2 c "Ba~ s o ~bu' d' ~ a~ ~ ludi a~ce~ ~red ~ er lated ' ~ et s ro~ded~at~ c '[~ s shall eon orm to the a~ e ukme ~for · ro o~e barn aoed o ~ r~for ~ t ~ml ed unu tto t le II Beton ~32 whle state. "No b~lldi u~and o u ' or ar ~er o a be r ~t~or atere ~ ~e A-C . - R- d R-400 DI t ' ' n es ~e sa th eand ~ ~ ule n r ted intot is~a te i ~e a ~ e~t ~ 1 re iaflons er s torth her~n full." ~tncinal rear Yard setback ~ 7~ f~t~ t. ~sfin acco o o ~it acc s r a c not~ .... ~vul In 2 w ~~gz~~ )l~edi t oside ard i teadofthe~- ~StOra c t ~er not buil~n ~ - ~eaas oein iaD _~.the nt 'de addt on.~e ~dad~zmnto~eexisfin aee~so e n i~d~buil~ ~2 isnot ~~mu~t toA~iele ~W Seetio I00-242~ w 'oh ~ res ~ . a o onil ' buidin coat' ' acnil ' ' ' lA,, b lorman¢~ r mcre ~ the ' "1 'rh, o ed ' ~ e~ co~ c.~ w 1 xtend thc .... °~aAs This permit wa~ amended on May 20, 2004, to clarify Issues, and on Janua~ 28, 2005, ~ address changes to the appli~aUon made by ~e applicant. Authonz~d Note to Applicant: A~y chaage or deviation to the above referenced application may require additional review ' from the Southold Town Bailding Department. CC: fiI~, Z.B.A. Exhibit C ~OA~ O~ APP~AL~ JuP~a ~ 8 2009 BOARD OF APPEAL~ 6 ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK LOUIS AND LUBA CORSO -against- Plaintiff, JUN 1 2 2009 BOARD OF APPEAL$ AFFIRMATION OF PERSONAL SERVICE TIMOTHY T. AND JEANNE F. STEELE Defendant. STATE OF NEW YORK : COUNTY OF SUFFOLK : ss.: PATRICIA C. MOORE, an attorney admitted to practice in the courts of New York State, state that I am the attorney of record for the Plaintiffs and that on May 26, 2009, (and re-served on June 9, 2009) I served the within VARIANCE APPEAL on the Town of Southold Building Department, at the Town Hall Annex, Building located at 54375 Main Road, Southold, New York by delivering a tree copy of same to the person designated in those offices to receive service of legal process, said offices then being open. Dated: Southold, New York June 9, 2009 Pa ~'~c~a C. Moore ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS AND LUBA CORSO, Plaintiff e°~eD OF ~pF~s AFFIDAVIT OF MAILINGS and TIMOTHY T. AND JEANNE STEELE, Defendantb COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, being duly sworn, say: I am not a party to the action, am over 18 years of age and reside at Mattituck, New York. On June 9, 2009, I served the within VARIANCE APPEAL by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: ABIGAIL WICKHAM, ESQ. 13015 MAIN ROAD MATTITUCK NY 11952 Sworn to before me this day of June, 2009. / (~(l'otary Public) MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified in SuffoLk Count~ .-. Commission Expires June 3, ~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS AND LUBA CORSO, Plaintiff AFFIDAVIT OF MAILINGS 'JUN 80ARD OF 4p and TIMOTHY T. AND JEANNE STEELE, Defendantb COUNTY OF SUFFOLK) STATE OF NEW YORK) i, BETSY PERKINS, being duly sworn, say: I am not a party to the action, am over 18 years of age and reside at Mattituck, New York. On May 26, 2009, I served the within VARIANCE APPEAL by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 ABIGAIL WICKHAM, ESQ. ** 13015 MAIN ROAD PO BOX 1424 MATTITUCK NY 11952 copy. It has been confirmed this date with Abigail Wickham, Esq. that she received her Sworn to before me this 8TM day of June, 2009. ( (q'ota ry Public) MARGARET C. RUTKOWSK~ Notsry Public, State of New York No, 4982528 Qualified in Suffolk County Gommiesion Expires June 3, 06/12/2009 10:36 FAX 631 765 4~ Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED ~I00RE LAW OFFICES PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (630 765-4643 ~ ZBA [~005 JUN 1 2 200~ RE: Louis & Luba Corso appeal Building permit #34590 issued to Timothy T & Jeanne F. Steele PREMISES:13795 Oregon Road,Cutchogue SCTM: 1000-83-2-10.16 Dear Chairperson and Board With reference to the above, enclosed please find seven sets of a variance application together with exhibits relevant to this appeal. This appeal is made with n 60 days of issuanCe of the building permit or CO. We believe that the building ~nspector, Damon Rallis, incorrectly issued a building permit and certificate of occupancy for an agricultura storage building, labeled "hoop house", in the side yard. The ZBA by appeal #5618 dated March 9, 2006 denied Mr. Steele construction of an agricultural storage building in the side yar(~. Neither the building department nor the Planning board has the authority to Permit an accessory structure in a Side yard in violation of zoning, Town Code Section 280-15 Would you kindly place this on your earliest calendar fo~ a hearing. Thank you and please do not hesitate to call should you have any questions. cc: Abigail A. Wickham Esq. w/encl. Patdcia C. Moore 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 18, 2009 Zoning Appeal No. 6316 Transmitted herewith is Zoning Appeals No. 6316 of Louis & Luba Corso the Application to the Southold Town Zoning Board of Appeals, Also enclosed is the Transactional Disclosure Form, Agricultural Data Statement, Findings, Deliberations and Determination Meeting of March 9, 2006, Notice of Disapproval Dated April 23, 2003 and Renewed and Amended May 20, 2004 and Renewed and Amended January 28, 2005, Notice of Disapproval Dated May 21, 2007 Amended November 8, 2007 (2 Pages), Copy of the code for Accessory Buildings, Application for Certificate of Occupancy, Certificate of Occupancy Dated April 27, 2009, Application For Building Permit Dated 3/30/07 (2 pages), Building Permit Dated April 8, 2009, Form of Final Inspection Okay Dated April 15,2009 (2 pages), Property Record Card (5 pages), Letter Dated January 31, 2005 from Wickham, Bressler, Gordon and Geasa to the ZBA, Letter Dated February 23, 2009 to Wickham (2 Pages), Letter from Patricia Moore Dated March 18, 2009, to Damon Rallis Code Enforcement (2 Pages), Letter from the Planning Board to Wickham Dated April 28, 2009, Letter from Patricia Moore to the ZBA Dated May 26, 2009, ZBA Letter of Affirmation of Personal Service Dated June 9, 2009, Letter from ZBA for Affidavit of Mailings Dated June 9, 2009, Letter from the ZBA for Affidavit of Mailings, Letter from Patricia Moore to ZBA Dated May 26, 2009, Local Criminal Court Violation Information (2 Pages), Appearance Ticket Issued to Timothy Steele, Copy of Tax Map, Copy of Survey( 2 pages), 19 Pages of Pictures and Information on Clear Span Poly Shelters Instruction Manuel, 7 Pages of Pictures Dated January 25, 2006 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/16/09 * * * RECEIPT * * * Receipt'8: 51862 Transaction(s): I 1 Application Fees Reference Subtotal 6316 $400.00 Check~: 7676 Total Paid: $400.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6316 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 BOARD OF APPEALS June 28, 2010 Attn: Leslie Weisman, Chairman Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: CO~ Dear Chairman~W~-i-s'man & Board members: With reference to the above and pursuant to your request, please be advised that we hereby grant a thirty (30) day extension to render a decision. Very truly yours, Patricia C. Moore PCM/bp encls. #9717 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) APR ~ ~ 2010 BOARD OF APPEALs Karen Kine of Mattituck, in said county, being duly sworn1 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 15th day of April, 2010. Principal Clerk Sworn to before me this ][/7.~ day of v ~ 2010. NOTARY PUBLIC-S/ArE OF NEW YORK NO 01 -V06105050 Qualified in Suffolk County LEGAL NOllCE SOUTI{OLI} TOWN ZONING B{~RD OF APPEALS IU~JR SDAY, APRIL 22. 2010 PUBLIC HEARINGS N O~ICE IS HEREBy GIVEN, suant to Section ~67 of th~Town Law and Town Code Chapter 280 (7xm~ng),Town o Sou ho d he following public hear`/ cone~}~g ~c~9~o~ ~ mnstr~tiRu Office Location: Town Annex/First Floor, Capital One 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 March 3, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Corso vs. Steele, ZBA Application #6316 Dear Mrs. Moore: At the Public Hearing of February 25, 2010, the Board decided to re-open the hearing noted above. The hearing will be reopened for the limited purpose of accepting the requested deeds and any questions pertaining to the deeds. This application is scheduled to be reheard on April 22, 2010. As such, the property has to be posted and the certified mailings re-done. You will receive the required instructions prior to the hearing. If you have any questions, please contact our office. Thank you for your attention to this matter. Cc: Atty. Gail Wickham Very truly(y~urs, Vicki Toth PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 '~ECE[VED ~OARi3 OF APPEALS February 22, 2010 Attn: Leslie Weisman, Chairman Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: CORSO # 6316 Dear Chairman Weisman & Board members: Pursuant to Town Law section 267-a(8), we hereby consent to your request for a 25 day extension until March 22, 2010, to reach a decision. Very truly yours, ~a-~ricia C. Moore PCM/bp c: Mr. Louis Corso et al Town Annex/Fa'st Floor, North Fork Bank 54375 Main Road (at Yooags Avenue) Southold, NY 11971 http'-//southoldtOwmnorttffork net BOARD OF APPEALS ' TOWN OF $OUTHOLD Tel. (631} 765-1809 ]Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Date: FACSIMILE TRANSMITTAL SHEET Fax# TOTAL NO. OF PAGES 'INCLUDING COVER: SENDF.~,:S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] Please find attached copy/copies of the follo~.._ Th~nkyou. Sender's Initials: May 11, 2010 PATRICIA C. ~IOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand Re: Corso Appeal No. 6316 Dear Ms. Weisman and Board: Enclosed are copies of the contract of sale and amendments to the contract together with the schedules A, A1 and B attached to the contract which shows the land sold to the Corso Family. Please note that the only structures on the Steele property when the lot line change and land transfer occurred were the original garage and the Steele dwelling. My clients expressly stated in the contract that they had no objection to the existing garage so long as Mr. Steele complied with all local ordinances and regulations. This has been an ongoing frustration for my clients. Thank you for your continued courtesies. Very/~yours, ~oore AG~ FOR SALE OF PROPF~Ty A~E~M~NT ~ad~ this 19th day of JanuS, 1~96 TIM~ T. S~E~ ~d ~ F. STEE~, re~idi~ Deep Hol~ Drive, Matti~u~, N.Y., ~d CO~O, ~td~n~ a= Ore,on ~ad, 'Cutc~ue, New York 10013j lo~s on ~ Ieland Sound, ~kc~, New York, ~o~ S~91000-83-~-10 ~, 10.5 ~ 10.6 (~he ~rso ~ _h~ch ~s over a 25 foot Nor~Sou=h r~ht o~ ~=~ ~Y)' access P~erty {the ~0' ROW} ~ and con~d; the ~ar=~es, ~ for osha= good ~ valu~· 1. ~ OF PROPERTY. Steele aSrees to eel1 ~d Corso agrees to ~urc~ue, ~]eat to ~ C~r~ of thi~ ~eemen~, ~, wn~ ~S ~ ~u~y ~asuribed ~n Su~d~a A h~e~o ~d made~a par~ her~o~ (hereafter =he ~re~sea). for ~ha sum o= F~ ~0~ ($so,o0o.oo) ~llars, pay~le as ~ollows, '(a) 'F~E ~OU~ (~5,000.00) Dollars on ~h~ si~ing closing of ~ltle hereunder or Senna=ion of ~$a agreement; and (b) ~K~-FI~ THOU~ ($4S 000.00) Dollars certified Or b~ 'f~ds dra~ 2o ~he order cf Seller a2 Closing. ~ =o 81,S00.00, ~d o~he= d~u~semen=o; cos=o and in--red ~ 2he ne~tiation ~d oloe~ Of this ~eem~t, ao~ to ex~e=~ $350.00, payola aC =losi~, or ~n ~ =~t Purchaser falls to proceed wish ~d c~lete t~ lo~ l~e ~p~val or . ' ea~t/w~mt r~gh~ of way wi~ the ~ses/ reae~i~, benefa= of ~ng' I~land Lightin~ Comply ~d o~her u=ilitie~ am set forth on E~it B as "New Ut/li~y ~as~mentv. ~teele ag~eg to repair any da~ge to the Pre~ses caussd ~ the ~nstallati~n, replacem~2, ~epair or uss of ~ch u~ili~ies on hie ~. U~ OF P~IS~S. (a) Sbeele reservae the righ~ ~o clear ~derb~sh ~d dead or diseased ~rees ~r~ the Premisee .~nd w~:h shrubbez-j, ~ub:Jec~ ~o ~r~or a~ ~a~ o£ CorsD, w~oh sou=~ld ~ ~nin~ ~. (c) Corso will ~cu~ ~d d~liver a~ ClOstn8 a ~t no f~oe vi11 be ~rect~d w~thfn ~en (10) ~ee~ o~ S=eele the '~s= o~ re~ of ~uch f~oe a~ ~ cosbm ~u~h ~moval, no= ~o ~e~ $5,000~00, incl~di~ let=er w~11 ~ e~ Y . Such in~...= ........ ~=~d.~ all ~er~ o~ the ~8o ~'~Y ~= ~ o=~cere, ~=eatora, a~reholde~,'par~ne~ or 0~er repres~nha~ives of ~y en=i2y w~ch ~y o~ ~ ac b~ ~so p~orty or a port,on th~e0f a'~ -- ~_~ 4, ~ ~$. AC ~om~g, Steele ~11 and deliver a Ba~atn ~d Sale de~ wt~h cov~n~ re~l propers7 gains C~ eho~ng no g~s b~ pay~le, ~r~er ~o~ for th~ 2he reoCri~on s=~ forth ~ P~&~aph 3 here~n, 0~11 no~ a~raeS to d~ll~ntly seek such a~rov~. In the event such . ~e~inate this a~=eement, wi~ the dopant re=~ed ~o Corso, respon~ible ~der ~ara~aph 1. g. TI~. Seller shell deliver ~d ~c~8er s~11 accep= such title as ~y be insur~ ~ La,ers T~=le Ins~e a] su~h matters aa a~e se~ forth fn ~his b) zoni&~ ~stricCion~, ~icipal and &~ency c) o~it~on~ of a~al o~ the Pla~in~ Board, aocor~nce ,w~kh =~ pr~is~ns e) e~croac~tS~ if ~y, hy Corso. ~. ~. Closes shall occ~ at the offices oE W~Ckham ~ B~ealer, P.C., Mat~ Road, ~cCi~uok, New York, On or about ~rll 15, 1996, ~ in no even~ later Ch~ ~ril 30, 1996. 8. NO SKOr. ~ ~ar=~es rep~sen~ ~ha~ no broker brough= lo~s, claim or.e~ense, lnoZuding reason~le attorney's feee, arising 2here~rom. .~ ~dor the ltws of ~e st~e of New Yor~, that ~ any aation a~reo~ ~he/d~= forth ~~ .. bonita corso '" STATE OF. hEW YORK COTA~ OF SUFFOLK: SSi On tbs /7 day o£ January, 1995, before me personally came TIMOTHY T. ~TEELE, CO me .kn~w~ azld know~ ind. iv.i.dual '.clesc.ribsd in~4 who executed the forego~.~g instrument STATE OF ~W ~ ~ OF ~ On the /~ ~y o~ Janus,, 1996, before regally~-came ~UZS C. ~ and L~A ~RSO, to me ~ and ~o to me to be the individuals ~s~r~ed in and who execute~ the foregoing ins~men~ ~d duly a~owledged Nat ~1 ~_=he ____ ~y of ~anu~, =S~, before ~e ~r~o~l~' . ~uZNA ~O, ~o me ~o~ ~d ~ to ~ to bm the ~nd~v~al ~eecr~bed ~n ~d who execu2ed the ~Oregoing ~nst~men= and duly acl~owledged ~h~= She executed Notary Public "' STATE OF NEW YORK COUNTY OF On the da), o~ J~nua~, 1996, be~o~ me ~r8o~11y ca~ MONZ~ ~n a~ w~ e~Ced ~e foregoing ~nsC~mmn~ a~ d~17 ac~owled~ed '~C she ~eou~e~ Not a~'y Public ~TAT~. O~ 'h~T~'Y0~X"~ C0UNT~ ~'~UFFOLi~-'~ the day Of J~ua~, ~996, before m~ perso~11~ came ~ dasor~d ~n ~ ~ ~e~ed the ~orego~g ins=r~c ~d duly ac~wle~ed ~c aha ~cute~ ~ame, Public " ~RV~¥ FOR , ., Ti'k~O~'HY ~'. ST~LE & A T OR~ON TO V~N O? $OUTHOLO Decemb~ 11, I~97 Wickham, Wickham & Brcssler 10315 Main Koad P.O.Box 1424 Mattituck, NY 11952 Premises: Steele to Corso KOW off'Oregon Koad, Cutchogue, NY This is to cor~m that no fence will b~ ~ within tc~ (10) feet of the boundary line betwveea the Premises and the Stee.~ Propc~ rc~nlni,.~ afle~ the convc~m~ herein. In the event such fence is e~ected, we shall pay to Steele the cost of removal of such fence and the costs and expenses ~ncurrecl by Steele in enforcing this letter or camping such removal, not to exceed $5.000.00 including without limitation litigation costs, expenses and attoraey~ fees. Very truly yours~ his attorney-in-fact Luba Corso by Patdcia C. Moorc her attorney-in-fact her attomey~in-fact Monica Corso by Patricm C Moore her attorlley-in-fact and ...... annexeclto.,Rlca~lls,~Sr.~eA, · .-. . 'tim di,N~,..,, ' m ~%dly~, and m all re~, s~ w'f~ ",~..~ Al" whi~ ~ anaexed 'lx)'tbJs mnenc~ It t,, tl~ intent of ~he Pm~s ~o move ~h~ l~perty line ss d,~l~ M. "Sched,de Al,. amendm~ with th~ downt~m~s~n~d to Co~o, ~sm~'pt i~ ~le's reasonable sttom~s' ~ wbir. h shall be no Gmat~lben SI,SOO.O0 for v,,liit ~ ma~ be under ~ numbn~l"l" ot'd~ a~meat. STATE OF N~W YOl~ COUNTY OFNEW YOlk: SS: On thc/C~ clay et'April, 1997 before me permnelly oem~ LOUIS C. COA,~O t~ me known end known to m~ to be the b~divktua~ c~.ecdbed hernia and who ~ tho fcny~mg lasmun~ and duly acknowledged tb~ bo ~outed e~ue. ~ Nota~' Pubhc ~l~'r*~U On the [~ day o£Apdl, ! 997 before nm pemmell~ ceme LUBA COI~O to me known end known tu me to be dm individuel dem,9.bed barton end w~o gtecmed the ~orgoing iz~.~,d~t and s'r^'r~ o~ ~ew ¥o~ cou~ o~ N~-W YO~ ss:. ~~;;L~o,~.~' On tim ~ ~- d~ a~April, 1997 b~o~ m~ W~'sonally ~ MONICA CORSO ~o me known end known to me to be tl~ individual descflbed l~*~in and who executed t~ ~-orgoing t~tnnuc~t ~ duly acknowledged that she e~ccu~d eara~, ~ATE OF ~WYO~ ~ ~ YO~: On ~ ( G ~y oEApdl, Ig~ / II AM~NDMI~"r TO AC-~lvI~,II' FOK ~ SALI~ 01~ PI~OI~I~TY AMENDMENT made this ~0~o --"" l.' ~= ~ri~ lymph, N.Y~ taxi ~i~ ~ ~ ~ ~ N.Y. _ ~o aa AO~ FOR ~ ~a,L.l/OF PROPI~ 19,19~ b~a~n th~ ~%'~m~tioned pm/es ,TI/' (the %/reemmt") dat~l Sanua.--y ¢OR17NO1/NCy FOp. APPROVAL. TI~ Agre~ent is c~n~ upon Corso />l~aiai~ ~p~o~al fr~ ~ $ovthold Town l'la~ai~ Board a~d Suffolk Covaty DelX- of Health Serviaes to thc ~ ~ fo;th ~ Au7 restriction or coadition lia~ ur advereely aff'ec~ in a~v---- $ ......... . · .. , ,~, ~ me r~'m~don e~ fo~ m Pa~h 2 h~di~, shall not 1~' d~m~ ~o cons~ut= approval ~ ~ coa~ia~mo./. Corso ~ m dilig~tly seek s~h ~provaL Ia the ev~t such apl~ov~ ~aot be ob~aln~! 1~ April 1 ~, 1 ~6, ~ith~r par~ may ~ this ~ vd~ downpaym~t ~v~med ~o Co~o, ex.pt for Steele's at. mays fe~ f~- whieh Corm m~v 1~...~--..- ',-,--- --- -. WHF.2,F. AS, the S0W. hold Tov~ Plann~ Board de~ied d~r/b~l i~ ~e at~r~n~mt~ ai~proval for the ~nveyan~ 7. T~ Parties agre~ that thls anmndmeat to thet laws oflt~ $~te of New Yo~k. titei :- ---. -~-- - ~ _a~., men slmll ~ ~n~ ~d~ ~o~ ~ ~a ~, &e ~ ha~ ~ ~ ~ on ~e daze ~ ~ sT~~°~ ~o~ ~o~: ss: · --"--"~ ~ amy ~o~ ~ ~ ~ --~ ~ fo~oi~ No~Public $~-ATE OF NEW YORK COUNF~ OF NEW YORK: PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765~.330 Fax:: (516) 765-4643 April 28, 2010 Attn: Leslie Weisman, Chairman Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 ! RECEIVED BOARD OF APPEALS RE: CORSO # 6316 Dear Chairman Weisman & Board members: Pursuant to your request, enclosed please the three deeds, Steele to Corso. find 8 copies of atrtruly yours, PCM~ encls. C: Abigail Wickham, Esq. ~.5~ ~ 2. Addilion~l T~ R.P.T,S.A. [ff . :. 'rOT. MT(l, TAX ............... Reg. Ct~y .... RAND"OTAI ~ Reml ~rly Ti~ ~nke ARVey Verl~alk)n [ 6 Title Company InhJrlalhm [=~ ~t. ~¢,ion ,l,~k [~ t.~tl~t,~eltry ~at~on~t Trite ~ tO00 Oa3.00 0Z.00 O / 0. ~t~ (tom,my N~mc ,J~-t~? {NEW NUMBER) ~'NT97 7 (ADI)RE~q) ~ Su~olk Count~ Re~ording & Endorsement Page BOX~ DI~t, 1000 Sec. 83 Btk. 02 ~1~ TH~5 INDEN~R~ ,.,.~* d~ ~'~ ,l:,y .~ ~ecember, , .hl~ler~ hundrrd ~n,I n~ne~y-~even TLmochy T, SCeule aRd ,Jeanne F. SCeeZe re~td~nB at ~~ 13795 Oregon Road ~X~X~ Cutehogue, New York llg~ T~mo~:hy T. $1:eel. e ?o On the day of 19 , before me the subscribing witness to the (orqoinI inltrumrfll with 315 ~eatph&lta Road ?,0. Box 483 Matt~tuck, NY 1195Z 'fOgRENS {~.(,~',"J 'i ,' ;.,L BUFF(ILK CDU~I~Y ~1~. ~ ~.,~,~'~X ~ ~i~ Cfi, I __:/2.__ EA.}~ 17 (salt.) , Q ~ __/~-__ - ~:~ ~o'~,~ 'r(rr, m'm. TaX ............. ....~ ~ 1( NO, ~'C upprt~iile ~s ciau~ ~)n ~e ~ ~ .Z~71 {NEW NUMBER) I'.0. Box ~g3~. __ _ __ ~(~ri/dtffcmn~' --/ 7 ~ADDR~S~) ........ ~ Suffolk County Recording & Endorsement Pa~e Tills IND£HT'UR~ .~,.h' ~h~ I I ,I:L) ~,I Uecembe~ , ni.l'l~'r,I I.Indrr,t ~.4 nLn,~ty-~even I?a'rl OP NIW TOIL SOeNTT OI. SUFFOLK SS* O~3 ~he da), of Uecumber, [9 gT~', berote me On Ihe da)' of [9 . before me p~ rsonally came the subscribing witness lo Ibe fotegolnI ~nstrument with wi.~rn [ am personally IcqualmKI, who. beinll by me duly ~worn, did, depose and sa). t~L he reJides &l Ne.' to be the individual cou NTyXI~iWN Suffolk tt~gr:466 [r~ ,-1 Sub 'h~l ~'0 dw~tliog only. (;RAND ~ , ~ I000 0~3.00 02.00 0/~. Name Colapany I '~dc Num~,r I ? (ADDRESS) ~ ....SuffOlk County Recording & Endorsement Thi~ page fom~s pan or t~ attached ~_d. mmic {SPECIFY TYPE OF INSTRUME~I'~ SUFFOt. K COUNTY, NEW TO In I~ 3~)w~tdfip ~)f Souchold In thc VII,LAGI{ ~OX~ 5 THRU 9 MU~ BE TYPED OR ~I~D IN BLACK INK ONLY PRIOR '~ RECORDING OR FILING. lO00 02 THI~ INI)F~TURE, mld~lk ~//1~ d~y ~f Decemb*r ,alfleleefl h~ndtldlnd n~neCy-ae¥in party orlh¢ flrsl parl.~nd Luba Carat, re~£(lLn~ at k33 MuLberry Strnat, New York, Hey York .......................................................................... THENCE South 69 degreea 56 minutes 25 second8 West, 76.32 feet to the potnt at ~lace o{ BEGINNING. BEING AND INTENDED TO BE a portton of the premtM~ c~nveyed by Dee& ~ated 6/[4/95 ~ecorded 6/27/95 t~ ~tbet [[730 cp 779. £n the Suffa:k Cou.ty C~erk~a O[[tce. SUBJECT to the teatttcttons o~ tho Southo~d Tow~ Zoning Coal ~ESERV/NC the party of the first part the risht to lay, tfleta~ tep~tt, tlp[ac~/~ I II I %//. i1869 466 ,~TATI,: (IF NI,:W YORK. COUNTsd' 0[.' NTAT{: OF t~{<W YORK. ('OUNTY Of SUFFOLK ~4TAT fl OF NEW YORK, C()I}NTY OF TO Of"iddily N.',ional Tide P,O, IIox 483 16:33 FAX 631 ?$5 6145 S01Yl~0LI~ TO,tN CLERK NOTIC~E OF PROTECTED FARM, PRA, C~iCES ~001 The Town Board of the Town of SouthCd finds that farming is an essential activity within the Town of Sou[hold. Farmers provide fresh food, clean air, economic diversity, and aesthetic open spaces to all the citizens of our town. In addition, land in agricultural uses requires less tax dollars for Services than does land with residential er commercial development. Accordingly, farmers shall have the Right to Farm in Southold without undue interference from adjacent landowners or users. For the purpose of reducing future corrflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary tO establish and give notice of the nature of the farming activities to. future. neighbors of farmland and farming activities. Agricultural activities .conducted on farmland, undertaken in 'compliance with applicable federal, state, county and town laws, rules and regulations are presumed to be good agricultural practices and presumed not to adversely affect the public health safety and welfare. We find that whatever nuisance may be caused to others by such uses and activities, so conducted, is more than offset by the benefits from farming to lhe community. Therefore, ali such activities shall be Protected Farm Practices within the Town of $outhold. Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing, grading, plowing, aerial and ground 'spraying, the use of legal agdcultura! chemicals (including herb c des, pesticides, and fertilizers), raisir{g horses, poultry, small livestock and cattle, processing and marketing produce, installing water and soil conservation facilities, utilizing farm crop protection devices, _d~ c_~onstructin,q and usi_~arm structures, including barns, stables, paddocks, fences, greenhouses, and pump houses, using water, pumping, spraying, pruning and harvesting, disposing of organic wastes on the farm, extensive use of farm laborers, t~aining and others in the use and care of farm eFluipment, animals, traveling local roads in properly marked vehicles and providing local farm produce markets near farming areas. These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays, and weekends, at night and 'in the day. Such activities are presumed to be reasonable. Such activities do not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 28, 2009 THOMAS A. ISLES, A.I.C.P. DIRECTOR OF PLANNING I-Ion, Edward Romaine, Leg/slator 423 G-tiffing Avenue-Suite 2 Riverhead, NY 11901 Deox Legislator Romaine: I am writing in response to your letter of Decembar 1, 2009 concerning a property known as Tandy Farm in Cutchogue. In the l~tter you noted that it wan brouglat to your attention that all terrain vehicles (ATVs) are. being used on the property in apparent violation of the County's ownership of the developm~mt fights. You also noted that the vehicles were observed in use afie~ a Cease and Desist Order had been issued by the County in September. Please'beldd .vis~d that the DeparUment has been in touch with the Office of the County Attorney and ~ve have fequested'that legal a~tinn be commenced to enforce the County's restrictions on the property. The County Attorney has advised that an Order to Show Cause was signed by the Court on December 18, 2009. The order contains a Temporary Restraining Order (TRO) restraining non- agricultural activity pending further Order of the Court. The Order to Show Cause will be heard by the Court in January. Please contact me if you require any additional information. TM:ce &! J~ssieh Ka~mb~icher, Pianne'f ' ' 'Andre~ Amiaka~/a, Research Tech LOCATtON H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY De~artm~ Isles, DJ. rector t of Planning MAlt.lNG ADDRESS P. O. aOX 6100 HAUPPAUGE, NY 117~8-0099 (631) 853.5191 TELECOPIER (~31) 853-4044 RE: APPEAL # 6316 IN THE MATTER OF LOUIS & LUBA CORSO MEMORANDUM TO: ZONING BOARD OF APPEALS FROM: PATRICIA C. MOORE ESQ. PROPERTY OF TIMOTHY STEELE HEARING DATE: OCTOBER 29, 2009 (ADJOURNED BY STEELE) CONTINUED JANUARy 21, 2010 Memo: Zoning Board of Appeals From: Patricia C. Moore Esq. Appeal #6316 In the Matter of Property of Timothy Steele Hearing date: October continued January 21, Louis & Luba Corso 29, 2009 (adjourned by Steele) 2010 In section 280-15 ~Accessory Buildings and structures states": In the Agricultural-Conservation District and Low-Density Residential, R-80, R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements... The language of the code is clear and unambiguous, that accessory structures must be locate in a "rear yard". Moreover, the issue was previously addressed with mas built" agricultural storage buildings on this property in 2006. In Appeal #6618, brought by Mr. Steele, dated 10/3/06 the Board addressed the following buildings: I: A 30' x 80' Accessory [Agricultural] Barn located in the rear yard with less than the 75 minimum rear yard required (building #1): GRANTED II: Additions (16' x 25')with alterations to mas built" accessory garage (25.4 x 35.8) that was not in the required rear yard. Mr. Steele had placed it in his side and front yard (building #2): GRANTED AS BUILT GARAGE BUT DENIED 16' X 25' ADDITION III: 2 accessory sheds, 8' x 22.3', "as built", referred to as [agricultural] storage containers building #3 & #4)in a yard other than required rear yard: DENIED. Please note that the storage container was painted and moved a few feet, left in a yard other than a rear yard (it is in the front yard)and remains in violation of your decision which denied the placement of this storage container in a yard other than a rear yard. The metal storage container is known to store fertilizers therefore it must be located 150 feet from the property line and in the rear yard. Please direct ~he building department to order Mr. Steele to remove the storage container. In addition, photographs taken in 2006 (exhibit C of the appeal)shows both a "hoop house" and storage container. This hoop house was identified as an agricultural storage shed and Mr. Steele was to relocate the hoop house to the easterly property line. We can not tell if it is the same "as built" hoop house from the 2006 previous appeal or a new one. Regardless, it is located in the side yard in violation of the zoning ordinance and your previous decision. This appeal addresses a building permit and certificate of occupancy issued by Damon Rallis for a Hoop House (20' x 24'). The building permit and certificate of occupancy is issued in error and violates the zoning ordinance. The building department, in a notice of disapproval dated May 21, 2007 and amended November 8, 2007, stated that the "as built" accessory building is not permitted without site plan approval from the Southold Town Planning Board. The Building Department completely disregarded the location of the accessory structure and did not direct Mr. Steele to the Southold Town Zoning Board of Appeals to obtain a variance to place the structure in the side or front yard. According to Mr. Steele's appeal #6618, the Steele property contains a single family dwelling, pool, detached garage, and accessory structures. The adjacent land is planted with some landscape material and the development rights were sold. ~ According to the Zoning Code, the agricultural hoop house must be located in a rear yard (280-15) and set back from the property line in accordance with the yard requirements of principal buildings (280-13 & setback schedule of 280 Attach_merit 3:1) 280-13 (A) Permitted uses. (1)One family detached dwelling, not to exceed one dwelling on each lot (2) The following agricultural operations and accessory uses thereto, including irrigation, provided there shall be no storage of manure, fertilizer or other odor and dust producing substances or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: (a) the raising of field and garden crops... (b) keeping, breeding etc... (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings hall conform to the yard requirements of principal buildings. ~ The owner is under a Temporary Restraining Order (TRO) issued by the New York State Supreme Court restraining use of the development rights land from use for nonagricultural activities. The ~'Yard Requirements" means greater barns, greenhouses (including plastic other related agricultural structures setbacks for covered) and The "yard requirements of principal buildings" appears in 280 Attachment 3:1 AC- front: 60 side yard: 20 both side yards: rear 75 45 (20 + 25) The location of these accessory structures of 280-15 still applies (in a rear yard). Not only had the Zoning Board specifically addressed in Appeal #6618 accessory structures in a yard, other than a rear yard, Mr. Steele was granted a variance to place a barn in his rear yard at less than 75 feet. The Zoning Board did not authorize placement of another storage building in either the side yard or front yard. The zoning ordinance has not changed. A hoop house must be located in the rear yard and 75 feet from the property line. The Building Department has no authority to issue a building permit or certificate of occupancy for a structure which is in violation of Town Code 280-15. As to the building department's notice of disapproval which directs the applicant to obtain site plan approval, the Planning Board can not issue a variance and has no authority to act on a site plan for a structure which violates the zoning code. There is no exception for agricultural structures. Even under Agricultural & Markets Law reasonable zoning restrictions are applied. In appeal #6618 Mr. Steele argued that all the accessory structures, other than the garage, were for his Board granted Mr. Steele needed for his Barn. agricultural use. The Zoning the reasonable variances he The Board determined in appeal #6618 that "the rear yard is a large area available for placement of accessory buildings .... The rear yard consists of over a half acre of available land area for alternative locations of accessory buildings". Any accessory structure, accessory structures, if not require a variance. even agricultural located in a rear yard The Building Permit dated April 8, 2009 and Certificate of Occupancy dated April 27, 2009 issued for the "as built agricultural hoop house for storage" must be revoked. Thank you. PATRICIA C. MOORE, AI-I'O! 51020 Main Road Southold, NY 11971 (631) 765-4330 email: pcmoorel Ooptonlin~ MEMO LETTER [] Please reply [] No reply necessary PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 5800 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 I,,,ll.,lll,l,,,,ll,,hh.,ffl MAR - 5 2010 I h,,Ih,,llhh,h,,h,,Ihh,hlh,,,,Ihll,,,,hllh,,.hll PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 5817 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 hllllmmlllhh.lllmmlmlll.lll PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 5794 TIMOTHY T- & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 I,.,Ihi,IIlil,,.Ih,61,,I,II h,,ll,,,llhh,h,,h,,H,h,hll,,,.Ihlh,,,hllh,,,,hll MAP OF PR'OPERTY A T Ot?EGON TOWN OF SOUTHOLD SUFFOLK COUNTY, 95- 148 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. WILLLIAM WICKtlAM (06-02') ERIC J. BRESSLER ABIGAIL A. WICKHAM I,YNNE M. GORDON JANET GEASA 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 February 24, 2010 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 111 MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Corso Appeal No. 6316 Re: Timothy Steele 13795 Oregon Road, Cutehogue, NY SCTM# 1000-83-2-10.16 & 10.18 Ladies/Gentlemen: At yom' request, enclosed are five (5) copies of the deed by which the Steeles acquired title to their properly. However, there is a subsequent deed by which they conveyed the norlherly portion of the properly to Mr. Corso. 1 do not have a recorded copy of that deed, as that would have gone to the C orso's attorney. Abigail A. Wickham Cc: Patricia Moore, Esq. ~OXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR ~~G OR FILIN?~G I r: a'i88~' HE'c'OaDED' .~.. ~i730 t~779. '~"m"er °r'"gT~..~,Ns 4 Serhl #  95JUN27 PHI2:~0 JUN ~'? I~ EDWARD P. RO;flAIHE CLER)( OF SUFFOLK COUNTY Deed / Mortgage Tax Stamp Recording / Filing Stamps Page / Filing Fcc Handliag TP-SS4 t . Notation Comm. of Mfidavlt Ce~lfled Copy -, Reg..Copy ,__ Sub Tot~ O flier Mortgage Amt. 1. Basic Tax 2, SONYMA Sub Total 3. Spcc./Add. TOT. MTG. TAX .Dual To'~v n Dual County, Hel0 for Apportionment_. Man~lon Tax The property covo~ by tills n~ongage Is or will be improved by a one or hvo fl~mlly dwelling only, YES or NO II'NO, see app~oprlato tax clause on page ~.~of Ibis lnstnamenL Title Company laformallcn FEE PAID BY: Cash )R: Check Payer same as R & R ~ ...... NLra '.~'., '~vens-' '~' ' .......... =:'= -Timothy~ ~Fe = Sueele .~.Ue~nff~ :,E, s~_~,] e, . r~ Cx~mm°nwea]th Company Name RH950187 [~ Commonwealth, Land Title Insurance Company RECORD & RETURN TO · -Suffolk County-ReCording& Endorsement Page ,. Thls @age £orms patter the attached dasd ....... (De~d~ Mottgag~,.6t¢,) .made by: .. The premises herein i~ situated in - - SUFFOi~K-COUNTY, NEW YORK. In the TOWN of Southold In tho VILLAGE Cutchcqae .. or HAMLET of 13.00 lock ;.00 NINA A. STEVENS, residing at c/o Edmund Stevens, Jr., (no g) Sandy Pond Road, Lincoln, MA 01773, pan] of the first part, and TIMOTHY T. STEELE and JEANNE E~. STEELE, being married to each other, residing at 715 Deep Hole Drive, Mattituck, NY 11952, party of the second part, ALL that cerlaln plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and emg _ --v at Oregon, North of Cutchngue, m the Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at a concrete monument set in the northerly line of Oregon Road at the southeasterly comer of the ~remis~s herein described and at the southwesterly comer of land now or formerly of John Swintocha; RUNNING THENCE Soath 57 degrees 43 minutes 40 seconds West along the northerly line of Oregon Road 366.19 feet; THENCE South 43 degrees 15 minutes 50 seconds West still along the northerly line of Oregon Road ~34.75 feet to land now or formerly of Joseph Harmabury; J THENCE North 48 dsgre~ 44 minutes 00 seconds West along said last men~oned land 1762.19 fee~ to the southwesterly comer of Lot Number 4 on a Minor Subdivision Map of Nina Stevens as approved by the Southold Town Plannln§ Board on September 28, 1981; TttF~NCE along the ~oatherly line of Lots 1, 2, 3 mid 4 on said aforesaid dsseribed map, North 79 degrees 12 minutes 20 seconds East 611.06 feet to the ~outheasterly corner of Lot Nmabered I on the aforesaid map and laud now or formerly of Veronica Czebotar ct a~; ' THENCE along said I~st mentioned land' and land of John Swiatocha South 48 degrees 53 minutes 00 seconds East 1494.96 feet to the northerly line of Oregon Road and the point or place of BEGINNING. S~ TO AND P,~SERVING UNTO the ~arty of the first part, her succ~sor~ and ~i~, ~ ~t for m~ ~ e~ m ~ ~ o~ ~ for u~m~ for ~o ~t of ~e p~ of ~e ~M p~ ~d ~o o~ of r~id~ lo~ now ~ ~ S~M g 1~83-2~, 5, 6. 7 ~ 11.4, ~d ~y subdivision of ~ FURTH]ER SUBJECT TO AND RESERVING UNTO th~ party of the first part, h~r successors and assigns, FURTH]ER SUILIECr TO fights of way, easements, agreements and other documents of record.~ e.~c~. ~ ~ c~e.~.~-A. ~-~c~ ~,. '~.~. BEING AND INTENDED TO BE a pan ofjhe same premises described in the deed of the patties of the f'trsl part herein by deed from Adrilea Realty Corp., dated D~ca:mber 23, 1969, recorded December 29. 1969, in Liber 6682, Page 53, - TOGETHER with all right, titIe and interest, if any, of the party of the ftrst pan in and to any streets and.wads abutting the above described pn:miae~ to the center lines thereof; TOGETHJER with the appurtev, auees, and also all · the estate and rights of the party of the first part in and to said premise, s; TO HAVE AND TO HOLD the premises ]~N[ ~gT]~NESS WHEREOF, the party of the first part h~s duly executed this deed the day and year first above FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Ball Southold, N.Y. CERTIFICATE OF OCCUPANCY 1~o: Z-32662 Date: 10/10/07 THIS CERTIFIES ~hmt the bui]~{~il ACCESSORY BUILDING I~-~mti~ of Property: 13795 OREGON RD CUTCHOGUE {HOUSE NO.) (STR]~ET} (HAMLET) County Tax Map No. 473889 Sectioll 83 Block 2 Lot 10.16 Subdi~sio~ Filed~a~o. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore file~ in ~h{~ office dated MAY 21, 2007 pur~,~-t to which B%~il~{~ ~r~it No. 33052-E dated MAY 21f 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" ACCESSORY BUILDING IN THE~REQUIRED REAR YARD A~ APPLIED The certificate is issued to TIMOTHY T STEELE (OWNER) of the aforesaid building. N/A N/A N/A ~zed~ Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUII~DINa PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33052 Z Date MAY 21, 2007 Permission is hereby granted to: TIMOTHY T STEELE 13795 OREGON RD CUTCHOGUE,NY 11935 for : AS BUILT CONSTRUCTION OF AN ACCESSORY BUILDING IN THE REQUIRED REAR YARD AS APPLIED FOR at premises located at 13795 OREaON RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0002 Lot No. 010.016 pursuant to application dated MAY 21, 2007 and approved by the ~ldiIlg Inspector to e~ire on ~ '// Fee $ 200.00 Rev. 5/8/02 ORIGINAL 10-26-09 Southold Town Zoning Board of Appeals Case # 6316 My name is Timothy T. Steele. I am the owner of the property that the hoop structure is located on. The purpose of this letter is to request a postponement of the above case for at least one month. I have been out of town on business a substantial amount of time since receiving the notice last week. l am and will be away, again on business a substantial portion oft_his week rendering it impossible to seek advice from counsel. Please feel flee to call me with any question or an appointment to visit the site. Thank you for your consideration in this matter. Timothy 1'. Steele TOTRL P.01 October 'I4; 2009' PATRICIA C. MOORE Attorney at Law 51020 Main Road So~thold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Mr. Goehringer, Chair and Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Margaret Rutkowski BetseyPerkins Secretary Re: Property Owner Timothy Steel and Jeanne Steele 1000-83-2-10.16 Dear Mr. Goehringer and Board: Louis and Luba Corso have completed estate planning which necessitated the transfer of their home and lot into Limited Liability Companies. Mr. And Mrs. Corso continue to occupy the property, however, the title owners are the Limited Liability Companies, House Regina 13451, LLC and Tennis Monica 13453, LLC. The respective managers of the LLC are the Regina Corso Trust II, Regina Corso, as Trustee and the Monica SC Raynor Trust II, Monica SC Raynor, as Trustee. Enclosed please find an updated authorization with the new legal owners of the properties. The title owners hereby join in the pending appeal. The Corso family continues to be adversely affected by the Steele's structure and the determination of the building inspector. yours, ~a~r~'icia C. Moore cc: Louis and Luba Corso 10/08/2009 12:15 FAX 631 765 4643 MOORE LAW OFFICES AUTHORIZATION ~ Lou Corso LETTER [~002 APPLICANT AND OWNER OF ADJACENT PARCELS: name: House Regina 13451, LLC, Tennis Monica 13453, LLC, Monica SC Raynor Trust II, Regina Corso Trust II, by Monica SC Raynor and Regina Corso, as their interest may appear, Oregon LLC, Morell LLC and Louis Corso and Luba Corso address: P.O.Box 1287,Cutchogue, NY 11935 PROPERTY THE SUBJECT OF THE APPEAL: Timothy Steele 13795 Oregon Road, Cutchogue NY 11935 SCTM#: 1000-83-02-10.16 APPLICANT, AGENT: Lame: Patricia C. Moore Esq. address: 51020 Main Road, $outhold NY 11971 telephone number: 631-765-4330 Dear Sir or Madam; Steele and Jeanne ~e the above owners join in appeal #6316 and we authorize our attorr~ey, Patricia C. Moore to file any and all applications for an appeal of the building permit #34590 dated 4/8/09 and CO#Z-33674 dated 4/27/09, or such relief as may be required, to the Southold Town Z~oning Board of Appeals, Southold Town Planning Board, and Southold Town Building Department, and any other regulatory agency. Very truly yours, Monica SC Ra~_ or Louis ~ c°3 ° 0CT. 15.2009 6:35AM COR80 N0,8836 P. 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII Sb~'~'OLK CO~T~T~ CLERK ~ECO~D S OFFICE RECORDING PAGE RECEZVED OCT 1 9 2009 BOARD OF APPEALS Tl~e of Instrument: DED Nuxaber of Pages: 5 Receipt ~m~r : 09-0022620 000 Deed ~mount: 083.00 O2.OO E,XAt,~INF-.D ~ CHAt:~:~'D ~ FOT'T-OWS $o.o0 ~ceive~ ~Jae Following Fees For ~ov~ Inst=u~ent Page/Filing $25.00 NO H&n~ling COE $5.00 NO N~S SRCSG ~--CTY $5.00 NO ~-STATE TP--584 $5.00 NO Notation Cert. Copies $0.00 NO ~T Transfer tax $0.00 NO C~un. Pres Fees Paid TP~ANSFER T~ NU~ER: 08-16769 THIS P~E IS A P~T OF THE INSTRUMENT THIS IS NOT A ~ILL 03/04/2009 0~:36:18 PM LIEER: PAGE: Lot: 011. 013 $20.00 $~5.00 $75.00 $0.00 $~0.00 $0.00 $180.00 D00012582 011 NO NO NO NO NO NO Judith A, Pascale Count~ Cle=k, Suffolk OCT. 15.2009 6:35AM CORSO NO. 8836 P. 3 This document will be public record. Please remove all Social Security Numbers prior to recording. 3I Page / Filing Fee ~c.~ Handling ~-~ ~00 , TP-584 Notation EA-52 17 (County) '~ __ RECE~/ED 8OARD OF APPEAL~ Deed / Mortgage Tax Stamp FEES SubTotal ~ -"'-" EA S217 (State) ~ ~--- ~'~ Comm. of Ed. $. O0 .ffldavit ~/Certified Copy NYS Surcharge 15, OD SubTotal Other Grand Total 09004,530 zooo oe30o o'~oo ozsoz3 4 Dist. 1 ( Real P ropeway Agency Verification JAY P. QUARTA1KAi:~O, ESQ- Twor,0.e~y, Latham, Shed, Kelley, Dubim & Qt~'l~raro, LLP PO Box 9398 l~iverhead, NY 11901 Recording / Filing Stamps Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.s uffolkcou ntyny.g or/el e r k Mortgage Ami, 1. Basic Tax 2. Additional Tax S u b Total S pec-/Asslt. Spec./Add. TOT, MTG. TAX Dual Town __ Dual County . Held for Appolntment~ Transfer Tax Mansion Tax The property covered by this moltgage is or will be improved by a one or two [amily dwelling only, YES. or NO If NO, see appropriate tax clause on page # of this Instrument. 5 Community Preservation Fund Con$ideratloI1 Amo~lat $ __ __~) Improved ,~ TD TD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INKONLY PRIORTO RECORDING In the TOWN of In the VILLAGE or HAMLET of _.C~tchoEt TO QUIICLAIS~ DEED (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made )RFILINC~CT 1 9 2009 ~.ove rf ::'. ~. , ::__:. .... , / This page forms part of the attached .... . by: LOUIS C. COl~O. LUBA coPeD. P~GINA CORSO and MONICA CORSO t 7 [ Title Company Information 11901 Co. Name Suffolk County Recording & Endorsement Page OCT. 15.2009 6:35AM COR$O N0.8836 P. 4 IMPORTANT NOTICE RECEIVED OCT ]- 9 2009 If the documont you've just recorded is your SATISFACTION OF MOR TGAGE.~ please be aware of the folloWing'. a portion of your monthly mortgage payment included your property taxes, 'you will now need to [cfo nta~c your local T own T ax Receiver so that you may be billed directly for all future prop e~y tax ~tatements. Locat proper~y taxes are payable twice a year: on or before January 10~ and on or before May Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Llndenhurst, N.Y. 11757 (631) 957-3004 Brookhavsn Town Receiver of Taxes One Independence Hill (631) 451-9009 East Hampton Town Receiver of Tsxes 300 pantigo Place Huntington Town Receiver of Taxes BOARD OF APPEALS Rlverhead Town Receiver of Taxes 200 Howell Avenue (651) 727-3200 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N,¥. 11964 (631) 749-3338 Smithtown Town Receiver of Taxes 99 West Main Street SmIthtown, N.Y, 11787 (631) 360-7610 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 Southold, N.Y. 13971 (631) 765-1803 Sincerely, Judith A. pascale Suffolk County Clerk dw 2/99 OCT. 15. 2009 6:35AM CORSO - NO. CONSXDE~A~IO~ Lot(s) NO, 88~ECE~¥E~ : 5OARD OF APPEALS QUITCLAIM DEED This Indenture, made the ~ day of f'~ %~7 ' Two LOUIS C. CO~SO, residing at 13451 Oregon Road, Cutchogue, NY 11935, as to a thirty--one (31%) percent interest; LUB~ COR~O, residing at 13451 Oregon Road, Cutchogue, NY 11935, as to a twenty--three (23%) percent interest; REGINA CoRse, residing at 13451 Oregon Road, Cutchogue, NY 11935, as to a twenty-three (23%) percent interest, and MeN/CA CoRse, residing at 2905 Arbor Lane, ~attituck, NY 11952, as to a twenty-three (23%) percent interest, party of the first part, and HOUSE REGINA 13451, LLC c/o LOUIS C. CoRse, with an address at 13451 Oregon Road, Cutchogue, NY 11935; party of the second part, WITN~$SEXH, 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 quitclaim unto the party of the party of the second part forever, all of the party of ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected/ situate, lying and being at Oregon Road, Town of Southo~d, County of Suffolk, State of New York, bounded and described as follows: SEE SCHEDULE "A" A~TAC~ED HERETO AND ~IADE A ~A~T HEREOF HEING AND IN~N~ED TO 'HE the same pre,cites conveyed to the Grantor by Deed dated October 24, 2005 and recorded in the Suffolk County Clerk's Office on October 31, 2005 in Liber D00012417 page 442, the Grantor being the same person described as the Grantee in said Deed. TOgether with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above-described premises to the center lines thereof; rights of the party of the first part in and to said premises; 0CT. 15.2009 6:35A~ CORSO NO. 8836 P. 6 To have and to hold the premises herein granted unto the party of the second part, the heirs or succ~smors and assigns of the party Of the second part forever. ~d the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premimes have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in oompliange with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of i~provement 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 word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: COUNTY OF SUFFOLK) ss.: On the__~ da''ofy ~-- ~Fv~-~ i~ the year 2009 before me. the undersigned, personally appe~ed LOUIS C. CORSO, permonally to be the individual whose nme is s~scribed to the within instrment and acknowledged to me that he executed the s~e in his capacity, and that by his signature on the instrment, the individual, or the person upon behalf~°f which the individual acted,,NOta~JAY executed Rpubiic,QUARTARARO St,te the of ~inst=ument. U~~~~ OCT I 200 ~age 2 of 3 ~ages S0ARD 0F APP~ OCT. ]5,2009 6:96AM CORSO STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the ~ day of -- ~FO~ me, the undersigned, personally appeared known to me or proved to me on the basis NO, 8896 P, ? RECEIVED OCT 200 BOARD OF APPEALs in the year 2009 before LUBA CORse, personally of satisfactory evidence Notary Public, State of NY No. 02QUS05569~S STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: to be the individual whose name is subscribed to' instrument and acknowledged to me that she executed the capacity, and that by her signature on individual, or the person upon behalf of acted, Nota~ Public, StateofNY No. 02QUS05569B QualifiedinSuffolNOoun~ Notary Public On the ~ day of ~-~r~l in the year 2009 before me, the undersigned, personally appeared ~EGINA CORSe, personally to be the individual whose nme is subscribed to the within instr~ont and acknowledged to me that 'she executed the s~e in her individual, or the person upon behalf of which the individual JAYR OUARTARARO the within same in her the instrument, the On the ~ ~ day of ~-9~ in the year 2009 before me, the undersigned, personally appeared MeN/CA CoRse, personally known to me or proved to me on the basis Of satisfactory evidence to be the individual whose n~ne is subscribed to the within instrument and acknowledged to me that she executed the s~me in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf o~wh~ t~he individual acted, exe~q~A~strument' Not~Publio, StateofN~ LOUIS C. CORSOt LUBA CORSO, KEGXNA CORSO a~ ~ONICA CO~O ~O JAY P. Twomey, Latha/n, Shea, Kelley, Dubin & QuartaraTo, LLP 33 West second Street P.O. ~Ox 9398 Riverhead, New York 11901-9398 Page 3 of 4 Pages 0CT. 15. 2009 6:36AM CORSO N0.8836 '' ALL those cermtu plot~ pieces, or parcels of l~nd, with the buildin~s and sho~ ~ ~p ~pa~d for ~s ~o & Lu~ ~ ~t ~ ~) p~u ~ ~o,,~ & YounS !~a Su~m, mv~a~ New V~ ~ ~ ~y ~8, ~S, more BEGINNING a~ the northerly temldnus of r. he botmd~ry line between lund now or formerly Oregon LLC. on the west and laud uow or formerly of Timothy T. S~eele R. Jeanne P. lte.~le on the east. said point beinS ~it~at~ Nor~ 48 des. 44 rain, 00 r~c. Wcel; as measured along said bounda~. and the nord~rIy side OF Ore.on Road, ~ bO,md:--y line ~,o being th~ ..v~erly lin~ of a Certain 25 Foot right o~ way; RUNNING thence fx~m said point or place see. West along land now or formerly Oregon LLC 201,11 feet to Lot ~, as shown of Map Prepared For Louis Coxso & Luba Cor~o; RUNNING thence North 46 deg. S6 n~ln, 48 sec. We.~ along Lot 2, as shown of Map Prei~-~'d for Louis Cor~o & Luba Canto 730.77 f~et CO the hfsh water m~rk of ch~ Long 1. North 64 deg. 43 Nor, b 80 de~, 59 min. SS a~c. '~-~t ],~9.50 feet. 3. North B2 deg. 53 min. 39~W~*- EaSL 85.44 feet to land now or formerly LouL~ C. Co~. Regina ~orso. & Monlcs ~. or~n; RUNNING thence lnnth 48 de~ 53 ml~ 00 sec. East along land now or formerly Louis ~.~ ~o~so. Re,ns Corso. & Monica ~or~o ~0~.84 feet to land now or formerlyTlmothy . T. Steele & ~T~e F. Steele; RUN~ING th~nc~ South 69 deg. ~ mtn: 25 ~c. West along ~ now or formerly Timothy T. lt~.le & J~mne P. Steele 145.17 ~t CO ~he poln~ Or place of BeSinning. CONTAININO an ~ of 4.5183 Acres. TOG ETHglt WITH & SUBJECT TO certain rights o£way and or ea~men~ shown on aforementioned Map P,.p,~ed £or LOUIS torso 8( Luba Corso. · 0CT. 15.2009 6:36AM CORSO N0,8836 P. 9' IIIIIIIIIIIIIiiiii1111111111111111111111111111111111111 IIIIIIIIIIIIII!1111111111 SUFFOLK COONTY CLERK ~ECORD S OFFICE RECORDING PAGE Ty~e of Inst=~nt: DE~D Receipt N,,m~e= : 09-0022620 T~%NSFER TAX NO~BER: 08--16770 BOARD OF APPEALS "000 083.00 02.00 03/04/2009 01:36:1S ~ LIBER: D00012582 PAGE: 012 Lot: 010.014 Received the Following Fees For Above Ins~r~men~ Page/Filing $25.00 NO Handling CO~ $5.00 NO NYE SRCHG EA--CTY $5.00 NO EA--STAT~ T~--$84 $5.00 NO Notation Cer=.Co~ies $0.00 NO ~T Transfer tax $0.00 NO Co~.Fres Fees Paid 08--16770 PAGE ~S A F~T OF THE INST~TA~EN~ TH~$ =~ ~OT A ~ILL $20.00 $15.00 $165.00 $o.oo $30.00 $0.00 $270.00 Count~ Cl~=k, S~ffolk Coun~ NO NO NO NO NO NO 0CT. 15.2009 6:36AM COR$O N0,8836 P. 10 Number 0f pages ' This document will be public ,record. Please remove all Social Security Numbers prior to recording. RECEIVED OCT 1 9 2009 8OARD OF APPEALS ~E¢0RDED Deed / Mortgage Instru merit Deed / Mortgage Tax Stamp I Recording / Filing Sta raps FEES Page/Filing Fee ~t~_ "'"- Handling ~ 00 TP-584 Notation EA-52 17 (County) EA 5217 (State) R...T.S.A. ' .oc Comm. of £d. 5, 00 Aft]davit Certified Copy SubTotal Mor'cgage Amt. 2. Additional Tax SubTotal or 5pac./Add. TOT, MTG. TAX Dual Town __ Dual County i Held for Appointment ~ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or NYS Surcharge Other SubTotal 4 I Dist. ]- Real Property Tax Service Agency Verification 6 J I I 09004531 iooo 08300 0200 olooz4 RECORD & RETURN TO: JAY P. QUAP, TA.R.A~O, ESQ. Twomey, Lathan, Shea~ ICelley, Dubin & Quarta~a~o, LIP PO Box 9398 RiYerhead, NY 11901 Mail to; Judith A. Pascale, Suffolk County Clerk J 7 J 310 Center Drive, Rlverhead, NY 11901J Co, Name Www.s uffolkco u ntyny.gov/clerk 33tie # 5 family dwelling only, YES or NO If NO, see appropriate tax clause on j Community Preservatio/n Fund I ,,/' Consideratior~ ;~rnount $ ~ 9 CPF Tax Due $ 0 ~d TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached by: LOUIS C. CORSO. P,-E~INA CQKSO and IVIONICA CORSO TO QUITCLAIiVl DI~D (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YO RI(. made In the TOWN of SOUTHOLI~., r In the VILLAGE or HAMLET of ~itcbo_~]e BOXES 6 THRU 8 N~U~T BE TYPED OR PRINTED 'N BLACK INK ONLY PRIORTO RECORDING OR FIUIG. OCT ~over) OCT. 15.2009 6:36AM - CORSO NO.$836 P, 11 RECEIVED IMPORTANT NOTICF BOARD OF APPEALS the following: If a portion of your monthly mortgage payment included your proper~y taxes, i~OU will now need to contact ~,our local Town T ax Receiver so that you ma)/be billed dir ecfly for all future property tax statemente. Local property taxes are payable %~vice a year: on or before January 10~, and on or before May 31,:. Failure to make payments In a timely fashion could result in a penalty. payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631 ) 957-'t004 Tax Receiver with any questions regarding property tax Rlverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N,Y. 11903 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmlngv~lle, N.Y, 1173,8 (631 ) 451-9009 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631 ) 324-2770 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.¥, 11964 (631) 74g/3~38 Smithtown Town Receiver of Taxes 99 West Main S:reet Smithtown, N.Y. 11787 (631 ) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 551-3217 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631 ) 224-5580 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631 ) 283 -6514 Southold Town ReceiverofTaxes 53095 Main Sffe~t $outhold, N.Y. 11971 (631)765-1803 dw 2/99 Sincerely, Judith A. Pascale Suffolk County Clerk OCT. 15. 2009 6:S6AM NO CONs'rDERA,~i~ CORSO N0.8836 P. 12 RECE'~ED OCT ] 9 2009 QUT~'CT~%z]vl D~..~D 8OARD OF APPEALS This Indenture, ~de the ~ day of ~~ Thousand and Nine, , TWO 1000 section 083.00 Block 02.00 010.014 LOUIS C. CORSO, residing at 13451 Oregon Road, Cutchogue, NY 11935, es to an undivided fifty--two (52%) percent interest; REGZN~ CORSO, residing at 13451 Oregon Road, Cutchogue, NY 11935, as to en undivided t~nty- four (24%) percent interest, and MONICA CORSO, residing at 2905 Arbor Lane, Mattituck, NY 11952, as to an undivided twenty--four (24%) percent interest, as tenants party of the first part, and TENNIS MONICA 13453, LLC c/o LOUIS C. CORSO, with an address at 13451 Oregon Road, Cutchogue, NY 11935; party of the second part, WXTNESS~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 quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all of the party of the first part's interest in ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Oregon Road, Towm of Southold, County of suffolk, State of New York, bounded and described as follows: SEE SCHEDULE "A" ATTACHED HERETO AND b~DE A P~/~T HE.OF BEING AND INTENDED TO EE the same premises conveyed to the Granto~ by Deed dated December 8, 1997 and ~ecorded in the Suffolk County clerk's Offlee on December 24, 1997 in Liber 11869 page 465, the Grantor being the same person described as the Grantee in said Deed. Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above-described premises to the center line~ thereof; Together with the appurtenances and all ~he estate and rights of the party of the first part in and to said premises; 0CT. 15.2009 6:37AM CORSO N0,8836 P, 13 TO have and to hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the Da~ty of the second part forever. And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been ~ncumbered in any And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply the same first to the pa1~nent of the cost Of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be this indenture sO requires. In Witness Whereof, the party of the first part has duly executed this Deed the day end year first above written. IN PRESENCE OF: C"-" T, ..~.. LOUIS C. CORSO ICA CORSO STAT~ OF N~W YORK) COUNTY OF SUFFOLK) SS.: On the ~ day of ~%~ in the year 2009 before me, the undersigned, personally appeared LOUIS C. 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 sa~e 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. Nota~Publlc, StateofNY /~~ No. o2Qus055~g5 JAY R QUARTARARO Qua/if[ed In Suffolk County Notary 2ublic RECE~/ED OCT 1 9 ZOOS Page 2 of 3 Pages gOARD OF APPEALS OCT, 15, 2009 6:37AM CORSO N0,8836 P, 14 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the ~7~ day of ~6r"~ in the year 2009 before me, the undersigned, personally appear~ REGINA 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 instru/~ent and acknowledged to me that she executed the same in her capacity, and that by her signature on the instru/~ent, the individual, or the person upon behalf of which the individual acted, executed the instrument. ~ ~---- L STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the ~ day of /~-~7 in the year 2009 before me, the undersigned, personally appeared MONICA COKSO, 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 s~e in her capacity, and that by her signature on the instr~ent, the individual, or the person upon behalf of which the individual UITCLAIM P. ED and MONICA COE$O TO TENNIS MONICA 13453, LL~ JAY F. ~UARTARA~O, ESQ. Twomey, Latha~, ~hea, Kelley, Dubin & Quartararo, LL~ 33 West Second Street F.O. Box 9398 Riverhead, New York 11901-9398 RECE~/ED OCT 1 ~OARD OF APPEALS Page 3 of 3 Pages OCT. 5.2009 6:37AM CORSO N0,8836 P. 15 SCHEDULE A SCTM 100-053.00-02.00-010,014 BEGINNING at a point being the southwesterly corner of the herein descr/bed parcel being the following t~vo courses and distances from the intersection of the division line of the northeasterly line of land now or formerly of Joseph Hannabur:~, Dorothy E. Rusk0wski. Mary A. Hannabury and Patricia A. Gildersleeve and the south~vesterly line of land now or fo~Tflerly of Timothy T. and Jeanne E. Steele with the north%vest~rly side of Oregon Road; 1. North 48 degrees 44 minutes 00 seconds West 1602,13 feet; 2. North 69 degrees 56 minutes 25 seconds East 14S.:17 feet; RUNNING THENCE from said point of beginning North 48 degrees 53 minutes 00 seconds West 706.72 feet to the mean high water mark of the Long Island Sound; THENCE along a tie line of the high water mark of the Long Island Sound North g0 degrees 50 minutes 44 seconds East 153.51 feet; Thence South 48 degrees 53 minutes 00 seconds East 673.58 feet to land now or formerly of Timothy and Jeanne E. Steele; THENCE along said land nor or formerly of Timothy T, and Jeanne E. Steele South 69 degrees 5/5 minutes 25 seconds West 134.7S feet to the point or place of BEGINNING. ~OA~ID OF App~,L,*.q Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEZVED .May 26, 2009 BOARD OF APPEALs llV U,~¥ 26 RE: Louis & Luba Corso appeal Building permit #34590 issued to Timothy T & Jeanne F. Steele PREMISES:13795 Oregon Road,Cutchogue SCTM: 1000-83-2-10.16 Dear Chairperson and Board With reference to the above, enclosed please find seven sets of a variance application together with exhibits relevant to this appeal. This appeal is made within 60 days of issuance of the building permit or CO. We believe that the building inspector, Damon Rallis, incorrectly issued a building permit and certificate of occupancy for an agricultural storage building, labeled "hoop house", in the side yard. The ZBA by appeal #5618 dated March 9, 2006 denied Mr. Steele construction of an agricultural storage building in the side yard. Neither the building department nor the Planning board has the authority to permit an accessory structure in a side yard in violation of zoning. Town Code Section 280-15 Would you kindly place this on your earliest calendar for a hearing. Thank you and please do not hesitate to call should you have any questions. cc: Abigail A. Wickham Esq. w/encl. Patricia C. Moore File View Toolbar Help Double click to open a window PATRICIA C. MOORE Attorney at Law Main Road 510:20 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 ~OARD OF APPEALS Febmaryl8,2010 BY HAND Leslie Kanes Weisman, Chairperson and Southold Town Zoning Board of Appeals Town Hall Annex Building 54375 Main Road Southold, NY 11971 Property Owners Timothy Steele and Jeanne Steele SCTM # 1000-83-2-10.16 Dear Ms. Weisman and Members of the Board: As per your request, enclosed please find seven sets of the Deeds for the properties bearing SCTM # 1000-83-2-11.13 and 1000-83-2-10.14 which have been transferred by the Corsos into Limited Liability Companies for estate planning purposes. Also enclosed please find copies of our letter dated Oct. 14, 2009 previously explaining same, and our note dated Oct. 16, 2009 previously providing the Deeds. If you need anything else, please do not hesitate to contact us. Thank you. Very truly yours, Patricia C. Moore By: Margaret Rutkowski /mr Encls. I IIllllllllllllllllllllllllllllllllllllllllllllllllllll IIIIIIIiiiiiiiiiiiiiii!!1 S~'~'OLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Receipt Number : 09--0022620 TRANSFER TAX I~J~RER: 08--16769 O83.00 02.00 F_.XA1,4~NF-,D AND cHA.D.~ A~ FOLLOWS $0.oo Received ~he Following ~s Fo= ~1~/~o~ Instzument Page/Filing $25.00 NO Handling COE $5.00 NO N~S S~H~ ~A--CTY $5.00 NO F~-STA~ TP--584 $5,00 NO No~ation Cer=,Copies $0.00 NO ~T Transfer t= $0.00 NO com~.P=es Fees Pa~d TRANSFER TAX NUMBER: 08-16769 THIS P~E IS A PAI~T OF THE INSTRU~E~ THIS IS NO~ A BILL 03/04/2009 0~:36:18 P~ LIBER: PAGE: Lo~: 011. 013 $20.00 $15.00 $75.00 $o.oo $30.00 $0.00 $~S0.00 D00012582 011 NO ~O NO NO NO ~umber of pages This document will be public record. Please remove all Social Security Numbers prior to recording. 31 Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. .ffldavit ~Certified Copy NYS Surcharge Other 5. O0 Deed / Mo~gage Tax Stamp FE~ SubTotal ~ ---~ .r. ndTot., I ~r 1~9004530 zoo~ oe3oo o2oo 4 Dist. ~ Rear Property Tax SerVice Agen~'y Verification lAY P. QUAI~TAICA~O, ESQ. Twozx~ey, I~tham, $hea~ Kelley, Dubi~ & Qtta~3t~o, LLP PO Box 9395 Rivex'he~.d, NY 11901 Mail to;Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www,s uffo[kcou ntyny.gov/cle r k RECORDED CLERK. OF SUFFOLK COUHTV L D00012582 Mortgage Amt. 1. Basic Tax 2. Additional Tax ;ub Total Spec./Add, TOT, MTG. TAX Dual Town ~ Dual County Hold for Appotntment~=~ i Transfer Tax _ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only, YES or NO if NO, see appropriate tax clause on )age #. of this Instrument. Community Preservation Fund Consider~tio= ~nlottzlt $'~J~'/ O · Improved Vacant Land __ t71 11901 Co. Name Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCL.A~I~ D~ED by: (SPECIFY TYPE OF INSTRUMENT) Title Company information The premises herein is situated in SUFFOLK COUNTY, NEW YORK. LOUIS C. CoRse. LUBA coRSo. P~EGINA CORSO and MONICA CORSO TO FIOUS'F, R~.GTNIA 13451 LLC In the TOWN of . $OUTT4OI ,D In the VILLAGE or HAMLET BOXES 6 THRU 8 MUET BE TYPED OR PRINTED tN BLACK INK ONLY PRIOR TO RECORDING OR FILING. iMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MCR TGAGE, please be aware of the follow~ng '. If a portion of your monthly mortgage payment included your property taxes, 'you will now need to Babylor3 Town Receiver of Taxes North Undenhursr, N.Y. 11757 (631) 957-3004 Brookhaven Town Receiver of Taxes One Independence Hill (633) 4S1-9009 Eas~ Hampton Town Receiver of Taxes 300 pantigo Place (631) 324-2770 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Islip Town Receiver of Taxes 40 Nassau Avenue (631) 224~5580 dw 2/99 Receiver with any questions regarding properL7 tax Rlverhead Town Receiver of Taxes :ZOO Howell Avenue Rlverhead, N.Y. 13901 (631) 727-3200 Shelter Island Town Receiver of Taxes Shelter island Town Hall Shell;er Island, N,Y. 11964 (631) 749-3338 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N,Y, 11787 (631) 360-7610 Southampton To~n Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631 ) 283-6514 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 1'1971 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk QUITCLAIM DEED This Indenture, made the ~ day of Thousand and Nine, BETWEEN LOUIS C. CORSO, residing at 13451 oregon Road, Cutchogue, NY 11935. as to a thirty--one (31%) percent interest; LUBA CORSO, residing at 13451 Oregon Road, Cutchogue, NY 11935, as to a twenty--three (23%) percent interest; ~EGINA CORSO, residing at 13451 Oregon Road, Cutchogue, NY 1~935, as to a twenty-three (23%) percent interest, and MONICA tORSO, residing at 2905 Arbor Lane, Mattituck, NY 11952, as to a twenty--three (23%) percent interest, 1000 Section 083.00 Block 02.00 011.013 party of the first part, and HOUSE ~EGINA 13~1, LLC c/o LOUIS C. CORSO, with an address at 13451 Oregon Road, Cutchogue, NY 11935; party of the second part, WITNE$SETH, 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 quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all of the party of the first part's interest in ALL that certain plot, piece Or parcel of land, with buildings and improvements thereon erected/ situate, lying and being at Oregon Road, Town of Southold, County of Suffolk, State of New York, hounded and described as !ollows: SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF HEING AND IN~NbED TO 'BE the same praises conveyed to the Grantor by Deed dated October 24, 2005 and recorded !in the Suffolk County Clerk's Office on October 31, 2005 in Liber D00012417 page 442, the Grantor being the s~me iperson described as the Grantee in said Deed. Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above--described premises to the center lines thereof~ Together with the appurtenances and all the estate and frights of the party of the first part in and to said ipremises; To have and to hold %he p~emises herein granted unto the the heirs or successors and party of the second part, assigns of the party of the second part forever. A~d the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in compliange with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of 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 sa/ne for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requireS. In Witness Whereof, the party of the first part has duly executed this Deed the day and year first above written. INF~ESm.NOm. OF: ~___~~~~ = ----~LO~JIS C CORSO COUNTY OF SUFFOLK) ss.: On the Q~ day'of f--~ iN the year 2009 before me, the undersigned, personally appe~ed LOUIS C. CORSO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose n~me 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.,Nota~JAY executed RPubllC.QUARTARARO State the of N*instr~ent' u~~~~ Qualified }~ Suffolk COu~ / ~ Page 2 of 3 ~ages STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the ~ day of me, the undersigned, personally appeared known to me or proved to me on the basis in the year 2009 before L~A CORSe, personally of satisfactory evidence to be the individual whose name is subscribed to' the within instrument and acknowledged to me that she executed %he same in her capacity, and that by her siqnature on the instrtunent, the individual, or the person upon behalf of acted, e×ecu %%. Notary Public, St~.te of NV No. 02QU505~695 Notary Public On the ~ day of ~P'~ in the year 2009 before me, the undersigned, personally appeared ~EGINA CoRse, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose na~e is subscribed to the within instr~nent and acknowledged to me that 'she executed the sa~e in her individual, or the person upon behalf of which the individual JAY R QUART'ARARO Nota~, Public, State of NY No. Commission ~p r~ STATE O~ ~EW YO~) COUN~Y o~ SUFFOLK) ss. Notary Public On the ~ ~ day of ~-~ in the year 2009 before me, the undersigned, personally appeared MONICA CoRse, personally kno%rn to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instr~ent and acknowledged to me that she executed the s~e in her capacity, and that by her signature on the instrument, the indlvidual, or the person upon behalf ~ wh~h. ~e individual acted, ex~9~A~tr~ent' ~ ~ ~ ~, LOUIS C. CORSO~ LUBA CoRse, REGINA CoRse a~ MONICA COP. SO TO 11935 HOUSE RE~INA 13~51, LLC Twomey, Lathaun, Shea, Kelley. Dubin & Qu~rtararo, LLP 33 West Second Street ~.0. Box 9398 Riverhead, New York 11901-9398 Page 3 of 4 Pages ALL thos~ certain pl0L~ pieces, or,pan:els'o£ laud, with ~e b~l~s ~ ~o~ ~ ~p ~ ~or ~s Como & Lu~ Co~ ~ ~-~ ~) p~pa~d ~ &Youns ~ Su~, ~ N~ Y~ ~t d~ ~y 1~ 2~S, more BEGINNING aY ~he northerly ter~linus of the bo-n~ry line betweeu land now or P. st~u ~ ~e ~ ~ point b~ ~t~ ~o~ ~ ~g, ~ mln. ~ ~ W~t ~ and ~e no~ ~de of ~n R~ ~d ~mfl~ Hnu ~ ~B ~e ~ l~ of a ~i~ ~ ~ot ~ghr ~ w~ RUNNING thence flrom ~ald poim or place of beshmtng South 8°` deS. 28 min. 00 sec. West alon8 lamt now or formerly Oregon LLC 201.11 feet to Lot 2, us shown of Map P~paced for Louis Corso ~ Luba Co~o; RUNNING thence ~/orth 46 ~ S6 min. 48 ~c. Wes~ n~on~ Lot 2, as ~bown oIMap P~pat~ed fl~r Louis Corso & Luba ~or~o 7~0.77 feet t~ th~ h~h ~rat~' mark of th~ LonB isl~mi Sound; RUNNING thence South ~ deg. 53 mb~. 00 m~. East along land ~w or C. C~. ~ ~, & ~ C~o ~ f~ m ~d n~ or fo~~ CONTAININ~ an az~a of 4.5183 TO~ E'I'I-II~Y~j-j-j-/& ~J~C]~ '1'0 (2r2i~ fighl~ ol'way ~ or easeme~Ls shown the ofo~em~-~oned Map PrepPed ~or Louis torso ~c !),ha Como~ IIIIIIIIIIII!111111111111111111111111111111111111111111 IIii111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECO~D ING PAGE T~e of Ins~ent: DE~D Receipt N~er : 09--0022620 TP~t~SF~R T~ ~ER: 08--16770 LIB,: D00012582 PAGE: 012 "000 083.00 02.00 010.014 ~ ~ C~D ~ FO~OWS 03/04/2009 Page/Filing $25.00 CO~ $5.00 EA--CTy T~--584 Cert. Coples $0.00 Transfer t= $0.00 TP~kNSF~R T~BER: 08--16770 NO Handling $20.00 NO 1~S SRCH~ $15.00 NO EA--STAT~ $165.00 NO Notation $0.00 NO ~T $30.00 NO C~.Pres $0.00 Fees Paid $270.00 NO NO NO NO NO NO J~di~h A. Pascale County Clerk, Suffolk Count~ Number ~f pages ' ~ ~ This document will be public .record. Please remove all .Social Security Numbers prior to recording. Judtth R. Pa~cale Deed / Mortgage Instru merit Deed / NIor tgage T~.~ Stamp I Recording / Filing Sta raps FEES Handling ~ ~) 00 TP-584 Notation EA~52 17 (County) ~ __ EA-S217 (State) J Jf/l~ ~ R,P,T.S-&. , v~(~j__ Comm. of Ed. S. O0 Affidavit Certified Copy NYS Surcharge 15. O0 Other I 4 j Dist. ] - Real Property Agency Verification SubTotal Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal Spe~/Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment ~ Transfer Ta× ~ The property covered by this mortgage is family dwelling only. YES or NO 6 8 I 09004~3~ zooo osaoo o~oa ozoo~ JAY P. QUAP, TA.R.A/'(O, ]ESQ. T%vomey, I~thau, Shea, ICelley, Dubit~ & Qusl-~azaro, LLP PO Box 9398 Riverheacl~ NY 11901 Mail to; Judith A. Pascale, Suffolk Count3, Clerk 310 Center Drive, Rlverhead, NY 11901 www.s uf'folkcou ntyny.gov/cle rk 5 Community Preserva--tio/n Fund Ir/ I Coaeidera'don ~a*notu~t $ ~-~ e CPF Taxx Due $ 0 Vacant Land Title Company Information Suffolk County Recording & Endorsement Page This page forms par~ of the at~ached by: LOUIS C. CORSO. R]EGlq'4A COP. SO and MONICA COl{SO QUITCLAL~4 DE~D (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORI~ made TO in the TOWN of SOUTHOLD IMPORTA ,NT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE ~ please be aware of the following: If a portion of your monthly mortgage payment included your property taxes. *you will now need to contact your local ToWn T ax Receiver so that you may be billed directly/for all future property tax Please contact your local Town Tax Receiver with any questlons regarding property tax Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Brookhavsn Town Receiver of Taxes One Independence Hill Farmingvfl[e, N.Y, 11738 (63]) 451-9009 RIverhe~d Town Receiver of Taxes 200 Howell Avenue (631) 7;Z7-3200 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631 ) 749-3338 East Hampton Town Receiver of Taxes 300 Pant[go Place East Hampton, N.Y. 11937 (631 ) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3237 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Isllp, N.Y. 11751 (631 ) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631 ) 765-1803 dw Sincerely, Judith A, Pe$cele Suffolk County Clerk NO CONSlDEI~m..~ON ~u'r T~L~'rl~I D~..~D This Indenture, made the ~ day of Q~ Thousand and Nine, 02.00 LOUIS C. CORSO, residing at 13451 Oregon Road, Cutchogne, NY 11935, as to an undivided fifty-two (52%) percent interest; REGI~ ~ORSo, residing at 13451 Oregon Road, Cutchogue, NY 11935, as to an undivided t~nty- four (24%) percent interest, and MONICA tORSO, residing at 2905 Arbor Lane, Mattituck, NY 11952, as to an undivided twenty--four (24%) percent interest, as tenants in common ' party of the first part, and TENNIS MONICA 13453, LLC c/o LOUIS C. CORSO, with an address at 13451 Oregon Road, Cutchogue, ~y 11935; party of the second part, WITN~SSETH, that the pa~ty 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 quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, all of the party of the first part's interest in A~.L that certain plot, piece or parcel of land, with buildings and improv~nents thereon erected, situate, lying and being at Oregon Road, Town of Southold, County of Suffolk, State of New York, bounded and described as 'follows: SEE SCHEDULE "A" ATTACHED HEPdgTO AND MADE A PART HEREOF the Granter by Deed dated December 8, 1997 and recorded in the Suffolk County Clerk's Office on December 24, 1997 in Liber 11869 page 465, the Grantor being the s~me Together with all right, title and interest~ if any, of the party of the first part in and to any streets and roads abutting the above-described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party ef the first part in and to said premises; TO have and to hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part covenants that the party of the first part has not done or .suffered anything whereby the said pre~h~ses have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration am a trust fund to be applied first for the purpose of paying the cost of improvement and will apply the saree first to the pai~nent of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In witness Whereof, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: LOUIS C. CORSO ~NICA CORSO STATE OF NEW YORK) COUNTY O? SUFFOLK) SS. : day of in the eer 200 efore On ths me, the undersigned, personally appeared LOUIS C. C0~O, 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 sa~e 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. Qualif[edlnSuffolkOoun~ . j Notary Public Page 2 Of 3 Pages STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : On the _ ~7~ day of ~&r~ in the year 2009 before me, the undersigned, personally appear~ REGIN~ CORSO, Personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose na~e is subscribed to the within instrument and acknowledged to me that she executed the same in her ~a~p .ac .it.y,. and that by her signature on the ins truraen O~mmlsslon ~×pl · ' ~ Notary P b~' -- -- STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the day of /~--~Pw~7 in the year 2009 before me, the undersigned, personally appea~ed ~ONICA 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 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 instruJnent. JAYR QUARTARARO No. 02QU~OS569S Qualified in 8u~olk Ooun~ /_ Notar~ Publ~ -- QUITCLAIM DEED and MONICA COESO TO TENNIS MONICA 13&~3, LLC 11935 JAY P. 9UARTARARO, ESQ. Twomey, Latham, Shea. Kelley, Dubin & Quartararo, LLP 33 West Second Street P.O. Box 9398 Riverhead, New York 11901-9398 Page 3 of 3 Pages $CTM 100-083.00-02.00-0'10,014 BEGINNING at a point being the southwesterly corner of the herein described parcel being the following two courses and distances from the intersection of the div/sion line of the northeasterly line of land now or formerly of Joseph Hannabury, Dorothy E. Ruskowski. Mary A. Hannabury and Patricia A- Gildersleeve and the southwesterly line of land now or formerly of Timothy T. and Jeanne E. Steele with the northwesterly side of Oregon Read; 1. North 48 degrees 44 minutes 00 seconds West 1602.13 feet; 2. North 69 degrees 56 minutes 25 seconds East 14S.17 feet: RUNNING THENCE from said point of beginning North 48 degrees 5;3 minutes 00 seconds West 706.72 feet to the mean high water mark of the Long Island Sound; THENCE along a t/e line oflthe high water mark of the Long Island Sound North 80 degrees SO minutes 44 seconds East 153.S1 feet; Thence South 48 degrees 53 minutes 00 seconds East 673.58 feet to land now or formerly of Timothy and Jeanne E. Steele; THENCE along said land nor or formerly of Timothy T, and Jeanne E. Steele South 69 degrees 56 minutes 25 seconds West 134.75 feet to the point or place of BEGINNING. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 14, 2009 Mr. Goehringer, Chair and Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Margaret Rutkowski BetseyPerkins Secretary Re: Property Owner Timothy Steel and Jeanne Steele 1000-83-2-10.16 Dear Mr. Goehringer and Board: Louis and Luba Corso have completed estate planning which necessitated the transfer of their home and lot into Limited Liability Companies. Mr. And Mrs. Corso continue to occupy the property, however, the title owners are the Limited Liability Companies, House Regina 13451, LLC and Tennis Monica 13453, LLC. The respective managers of the LLC are the Regina Corso Trust II, Regina Corso, as Trustee and the Monica SC Raynor Trust II, Monica SC Raynor, as Trustee. Enclosed please find an updated authorization with the new legal owners of the properties. The title owners hereby join in the pending appeal. The Corso family continues to be adversely affected by the Steele's structure and the determination of the building inspector. V/O~Cy tr~--~yours, ~a~cia C. Moore cc: Louis and Luba Corso Timothy Steele and Jeanne Steele via certified mail, return receipt requested 50132 SUBJECT SIGNED PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Attn: Leslie Weisman, Chairman Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED February 12, 2010 RECEIVED BOARD OF APPEALS RE: Corso et al appeal 6316 Dear Chairperson and Board members: With reference to the above, enclosed please find seven sets of an attorneys affirmation in response to Ms. Wickham's memorandum dated February 4, 2010. Thank you and please do not hesitate to call should you have any questions. PCM/bp encls. C: Southold Town Building Department Town Attorneys Office of Town of Southold Abigail A. Wickham Esq. Louis Corso, Luba Como, et al ~cia C. Moore APPEAL # 6316 SOUTHOLD TOWN ZONING BOARD OF APPEALS IN THE MATTER OF THE APPEAL OF LOUIS C. CORSO and LUBA CORSO, et al. Patricia C. Moore Attorney for Applicants 51020 Main Road Southold, New York 11971 (631) '~654330 Dated: Southold, New York February 12, 2010 SOUTHOLD TOWN ZONING BOARD OF APPEALS In the Matter of the Appeal of Appeal # 6316 LOUIS C. CORSO and LUBA CORSO et al. F~j 1 ~i ' i~ Applicant. Patricia C. Moore, an attorney duly admitted to practice before the Courts of the State of New York affirms the following under penalty of perjury: I am the attorney for the applicants Louis C. Corso and Luba Corso, and House Regina 13451, LLC; Tennis Monica 13453, LLC; Monica SC Raynor Trust II; Regina Corso Trust II by Monica SC Raynor and Regina Corso, as their interests may appear, and as such I am fully familiar with the facts and circumstances in this matter. This affirmation is given in support of the applicants in this appeal which seeks revocation of the Building Permit #34590 dated April 8, 2009 and Certificate of Occupancy Z- 33674 dated April 27, 2009 issued for the ~as built agricultural hoop house for storage" located on the property of Timothy Steele. CHRONOLOGY: The following chronological account is derived from the public records of the Town of Southold and the files and records of the undersigned. so March 27, 2007: The Southold Town Building Department issued two violations to Timothy Steele for two hoop houses constructed by him without a building permit. Violation Ticket #964 was issued for erecting an accessory structure without a building permit located on the northwestern side of the main dwelling. ii. Violation Ticket #965 was issued for erecting an accessory structure without a building permit located on the eastern side of the main dwelling. March 30, 2007: Upon information and belief, Mr. Steele submits a building permit application to the Southold Town Building Department for the accessory structure for which he had received the violations. The submission of this application was imposed by the do Southold Town Justice Court as a condition of its acceptance of an adjournment in contemplation of dismissal of the town code violations referenced above. November 8, 2007 Building Department issued a notice of disapproval directing Mr. Steele to obtain site plan approval from the Planning Board before a building permit could be issued. February 27, 2008: The attorney for Mr. Steele writes to Heather Lanza, Southold Town Planner, ~we were advised by the Building Department that we can either apply to the Zoning Board of Appeals for a Variance, or seek site plan review by the Planning Board". February 23, 2009 Southold Town Planner writes a letter to Mr. Steele advising that site plan review was not required after a February 9, 2009 Planning Board ~'work session" The Planning Board did not adopt a resolution to waive site plan approval, and did not file any determination of such a waiver with the Southold Town Clerk. March 17, 2009 Building department receives application for building permit for the ~hoop house". March 18, 2009: The undersigned wrote to the Southold Town Code Enforcement Officer Damon Rallis regarding both the hoop house and the metal storage building. These structures were both in yards other than the required rear yard (side yard) and no variances had been issued to allow these structures to remain where constructed. I objected to the Town Planner's letter declaring site plan review was not required as the Planning Board had no jurisdiction to issue a variance for the placement of these as-built structures. I further requested to be informed if building permits were issued for these structures. March 25, 2009 The applicants Louis C. Corso and Luba Corso commenced an Article 78 proceeding in New York Supreme Court. This appeal was filed against the Building Department, Code Enforcement officer and Planning Board. The relief requested in the Article 78 was a judgment declaring that: Ia] the Planning Board acted outside the scope of its authority and jurisdiction when the planner issued a letter dated February 23, 2009; [b] The Planning Board's determination dated February 23, 2009 was made in violation of the lawful procedure set forth in the provisions of the Southold Town Code Section 280-127 et seq· and New York Town Law 274-a; [c] the Building Department and Town Code Enforcement be directed not to issue building permits for "as built" structures located on the Steele property in reliance upon the Planning board's determination dated February 23, 2009 as the issuance of such permits is in violation of the provisions of the Southold Town Code and a determination of the Southold Town Zoning Board of Appeals rendered in Appeal 5616 on October 3, 2006 and [d] for declaratory judgment pursuant to CPLR 3001 confirming the determination of the Southold Town Zoning Board of Appeals and directing that Steele remove the "as built" structures located on Steele's property which continue to violate the provisions of the Southold Town Zoning Code and the Zoning Board's determination in Appeal #5618. April 8, 2009: Southold Town Building Department issued building permit #34590 for the as built "hoop house" April 20, 2009: Mr. Steele files application with Southold Town Building Department for certificate of occupancy for hoop house. April 27, 2009 Southold Town Building Department issues a certificate of occupancy for the "hoop house" April 27, 2009: Southold Town Planning Board adopts a resolution waiving site plan review for the Steele hoop house. April 28, 2009 Southold Town Planning Board issues letter to Steele's attorney advising that a resolution waiving site plan approval was adopted at its public meeting on April 27, 2009. April 30, 2009 Southold Town Zoning Inspector Damon Rallis signs an affidavit [submitted in the Article 78 litigation referenced in subparagraph "h" above] stating that a building permit was issued by the Southold Town Building Department on April 8, 2009. This April 30, 2009 affidavit provides counsel for the applicants in this appeal the first knowledge that a building permit had been issued by the Town Building Department. May 26, 2009: Application appealing the building department's issuance of a building permit #34590z certificate of occupancy is filed with both the and Southold Town Zoning Board of Appeals and the Southold Town Building Department. po June 9, 2009: The undersigned is advised that the appeal documents filed with the building department have been misplaced. The undersigned files a second set of these papers with the building department on this date. An affirmation of service setting forth the dates of service and re-service was provided at the request of the Southold Town Zoning Board. Steele's Arguments: In response to the arguments raised on behalf of Mr. Steele: Steele's contention that this application is procedurally deficient because it was not properly notarized and not filed with the building department both legally and factually wrong. is The application was signed and sworn to before a notary public on May 26, 2009. And while the notary omitted the name of the month and inserted the numerical date ~26" in the space where the month would be placed, such an omission is merely a technical defect and does not render the application untimely or deficient. Courts in this state have held that "since these defects in form are merely technical in nature and do not result in any prejudice to respondent, in the interests of justice they should be disregarded (see CPLR 2001; Matter of Ferro v. Lavine, 46 A.D.2d 313, 318, 362 N.Y.S.2d 591)" and the matter considered on the merits. WNYT-TV v. Moynihan 97 A.D.2d 555, 556, 467 N.Y.S.2d 734, 735 - 736 (3 Dept.1983)and Cliff v. Kinq£1eV 293 A.D.2d 954, 955, 742 N.Y.S.2d 408, 409 (3rd Dept 2002) Moreover, all documents attached to the application and submitted to the zoning board and the town building department included the following documents which include the date of May 26, 2009 [Agricultural Data Statement; Transactional Disclosure Form and Applicant's Letter of Submission] Lastly, the original copy of the application filed with this zoning board has a town date stamp of May 26, 2009 with that portion labeled ~For Office Use Only" completed to acknowledge receipt of the $400 filing fee, the date stamp and the appeal number #6316 assigned to it. Mr. Steele has failed to show how the technical defect in the notary's jurat has resulted in any prejudice to him. The undersigned has already provided an affirmation of service in which it is stated that the application to the zoning board was filed with both the zoning board and building department on May 26, 2009. A second copy of the application was filed with the building department on June 9, 2009 when I was informed that the building department had misplaced the papers that had been filed in that office. No one has disputed the facts set forth in that affirmation of service. Contrary to Mr. Steele's assertion, the application was filed with the building department. The application was filed within 60 days of the date of the building permit, the certificate of occupancy, and the applicant having become aware of the issuance of these town documents. On March 18, 2009 I wrote a letter to the Town Zoning Officer asking that I be informed if and when a building permit was issued for the structure which is the subject of this appeal. Thereafter, I made repeated inquiries to the building department about the status of such permit. Each inquiry was deferred and I was advised that the matter was being handled by the Zoning Officer. It was not until our office received a copy of Mr. Rallis' affidavit dated April 30, 2009 that we became aware of the issuance of the building permit. This appeal was filed on May 26, 2009 well within the 60 day timeframe from the date the permit was issued. The appeal also falls well within the 60 day time period from the date the applicants first had reason to become aware of the permit [receipt of the Rallis affidavit of April 30, 2009 filed in the court proceeding] Importantly, the applicants in this appeal would have no reason to know the permit was issued on April 8, 2009 because the structure has already been built without a permit, and no construction activity took place that might have alerted them to the issuance of the permit. Lastly, the building department was not authorized to issue a building permit until April 27, 2009, the date on which the Southold Town Planning Board adopted a resolution granting site plan waiver. Until such date, the building department had no authority to issue the subject building permit. Regardless of the date selected from which to measure the 60 day period, this appeal has been timely filed. The Building Inspector did not properly issue a building permit and CO for this structure without prior Zoning Board approval. Damon Rallis testified that whether the structure must be located in a rear yard depends if the structure is accessory to a residential use or is an agricultural structure. Yet, he also testified that he does not investigate the use of the structure and he does not look inside the structure after it is constructed. Therefore, if Damon Rallis is correct that agricultural structures may be located in any yard then, accessory structures merely labeled as agricultural buildings will be constructed without any control. This interpretation creates a huge loop hole for any ~agricultural" operation (farms, vineyards, irrigation and landscaping operations, and horse stables etc.) to the detriment of their residential neighbors. A property owner can simply declare that the accessory structure is for an agricultural use and the structure may be located in any yard, as long as the structure meets the set-backs of principal structures. The zoning ordinance does not provide for this interpretation. This interpretation of 280-13A(2) (c) could be the subject of abuse of the zoning code. The Zoning Board is being asked to confirm the building inspector's interpretation which finds that ~Accessory structures" for agricultural uses can be placed in any yard regardless of the location of a principal structure or second principal use. Mr. Steele argues that his accessory structures are used for agricultural purposes. And he used this argument with regard to the metal storage container which was, admittedly by Steele, the subject of appeal #5618. This metal tractor trailer body was located 5 feet from the property line and in the side yard. During the prior appeal, Mr Steele claimed that this metal storage container is used for his agricultural operations. The zoning board denied the variance to keep this large metal storage structure out of the side yard. But Steele now argues that ~the ZBA does not have jurisdiction to make that determination with respect to an agricultural building which is the requisite distance from the boundary line because the Building Inspector could have properly issued a permit for it, and did in the instant case". It should be noted that Mr. Steele sold the development rights to a large portion of the subject property to Suffolk County under its agriculture program. However, he has converted this property from agricultural use to a dirt track for all terrain vehicles including jumps and ramps. An independent inspection of Steele's property performed by representatives of the Suffolk County Planning Department and the Suffolk County Farmland Committee member concluded that, of the 10.8 acres in the farmland development rights program, only 1.6 acres contained nursery stock while there was no evidence of agricultural production in seven acres of the property. The site visit report observed ATV tracks, jumps and ramps. A copy of the Suffolk County Purchase of Development Rights Program Site Visit Report dated December 2, 2009 is attached. Mr. Steele is now subject to an enforcement proceeding brought by Suffolk County in the Supreme Court (Index #49339-2009) to prevent non-agricultural uses on this property. In light of his actions, he cannot now claim that the accessory structures on his property are used for agriculture. The use of the property for non-agricultural uses [ie. ATV tracks, ramps and jumps] and the metal storage container [self- described as an "agricultural structure"] are examples of the abuse of the zoning ordinance. Damon Rallis specifically stated that he has not issued a permit for this metal storage container yet. Steele knows the ZBA denied the placement of the metal storage container in the side yard. In defiance of the ZBA decision, Steele painted the metal storage container with a nasty sign facing his neighbors. Steele moved this offensive structure 20 feet away from the property line but still in the front yard. We can expect Mr. Steele to claim that this metal storage container is used for agriculture, he will apply for an ~as built" building permit and keep this metal structure next to his neighbors. Although Mr. Rallis has not decided what to do with this structure, while he makes his decision, the metal storage container has sat next to the objecting neighbors since 2005 wlth a nasty sign facing their homes. If the Zoning Board ratifies the building department's interpretation of the zoning code and allows accessory structures used in agricultural to be placed in any yard, unwanted adverse consequences, such as the Steele's metal storage container, will be the norm. Mr. Steele is bound to comply with the zoning board's prior determination in Appeal #6618. In Appeal #6618 this zoning board granted Mr. Steele a variance to place a barn in his rear yard at less than 75 feet. The Zoning Board did not authorize placement of another storage building in either the side yard or front yard. The zoning ordinance has not changed since that determination was made. By ruling on Steele's structures, the ZBA determined that what Mr. Steele himself described as an agricultural storage building, must be located in the rear yard and 75 feet from the property line. In that prior appeal Mr. Steele argued that all the accessory structures, other than the garage, were for his agricultural use. The Zoning Board granted Mr. Steele the reasonable variances he needed for his barn. The Board determined in appeal #6618 that "the rear yard is a large area available for placement of accessory buildings .... The rear yard consists of over a half acre of available land area for alternative locations of accessory buildings". Any accessory structure, even agricultural accessory structures, if not located in a rear yard, require a variance. The Building Department has no authority to issue a building permit or certificate of occupancy for a structure which is in violation of Town Code 280-15. Mr. Steele did not appeal this board's determination in appeal #6618 and is therefore bound by the board's decision which applies in the instant appeal. The building department's issuance of a building permit and certificate of occupancy for an agricultural accessory structure in a location other than the code required rear yard is an error. For the reasons stated herein, the Building Permit #34590 dated April 8, 2009 and Certificate of Occupancy #Z-33674 dated April 27, 2009 issued for the "as built agricultural hoop house for storage" must be revoked and appeal granted. Dated: Southold, New York February 12, 2010 ~Moore SUFFOLK COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM SITE VISIT REPORT 1000-083.00-02.00-010.018 SCRPTM#: Total Size: Physical Location: Location Description: Landowners: Date of Site Visit: Weather Conditions: Conducted by: 10.8 + acres Oregon Rd., Cutchogue, NY 11935 ne/c/o Oregon Road and Coast Guard Station Timothy T. & Jeanne F. Steele (not present) 09/17/2009 (between 10:15AM and 11:00AM) Good Overall; Clear skies Jessica L. Kalmbacher, Planner, SC Planning Department Andrew Amakawa, Research Technician, SC Planning Department Tony Abruzzo, Land Surveyor, SC Real Property Acq. & Mgmt. Div. Linda A. Spahr, Assistant County Attorney, SC Law Department Mark Zaweski, Suffolk County Farmland Committee Member Description: On this day, we parked the car on Oregon Road along the southeastern boundary of the subject parcel. We began the site inspection at the northwestern portion of the parcel where the alleged ATV (i.e., dirt bike and quads) activity had been observed. Facing west-northwesterly, we observed three distinguishable dirt mounds and one wooden incline (Photo gl), apparently used as ramps by ATVs. Facing east-southeasterly, we observed a rounded out, slightly inclined, and excavated turnaround (Photo #2). In addition, there was a mounded turnaround in the northwesterly direction from where we stood (Photo#3). The two heavily used turnarounds and ramps created a track for the ATVs, consistent with what appears in the video photography submitted to the SC Department of Law. Walking a short distance west-northwesterly just past the jumping area, we observed tracks leading into a sand-pit which also had visible track marks (Photo #3 & #4). We proceeded to walk east-southeasterly past the jumping area, along a cleared path with observable track marks (Photo #5 & #6). We also observed areas along the path where short, fine grass stalks had begun to sprout, indicating that the tracks had been re-seeded recently (Photo #7). At the southeastern end of the property, we observed another rounded out portion of the track with clearly distinguishable track marks (Photo #8). Prior to exiting the property at the southeastern boundary, we observed a parallel track leading west-northwesterly along the extent of the property (Photo #9). There was no evidence of active agricultural production on the northwestern, western, southern, and eastern extent of the subject parcel, an area totaling approximately 7.0 acres. We observed nursery stock, presumably part of the commercial agricultural operation, on the northern portion of the subject parcel, an area totaling approximately 1.6 acres, as visible in the attached 2007 aerial. Page 1 of 9 1000-083.00-02,00-010.018 TIMOTHY T. AND JEANNE F, STEELE 2007 Aerial 1000-083.00-02.00-010.018 (Steele) Site Visit Report - Page 3 of 9 September 17, 2009 List of Photographs Taken by SC Planning Staff on September 17, 2009 Photo #1: Dirt mounds, worn-track, and wooden incline ........................................... Page 4 Photo #2: Excavated turn-around and worn-in track .................................................. Page 4 Photo #3: Excavated turn-around ................................................................................ Page 5 Photo #4: Wooden planks and track-marks ................................................................ Page 5 Photo #5: Fallow land and track-marks ...................................................................... Page 6 Photo #6: Track-marks ................................................................................................ Page 6 Photo #7: Evidence of recent re-seeding .................................................................... Page 7 Photo #8: Excavated turn-around and track-marks ..................................................... Page 7 Photo #9: Track-marks ................................................................................................ Page 8 1000-083.00-02.00-010.018 (SteeLe) Site Visit Report - Page 4 of 9 September 17, 2009 Photo #1 View: West-northwesterly Photo #2 Date photo taken: 9/17/I)9 By: SC Planning Staff View: East-southeasterly Date photo taken: 9/17/09 By: SC Planning Staff 1000-083.004)2.00-0 t01)t8 (Steele) Site Visit Report - Page 5 of 9 September 17, 2009 Photo #3 View: Northwesterly Date photo taken: 9/17/09 By: SC Planning Staff Photo #4 View: Northeasterly Date photo taken: 9/17/09 By: SC Planning Staff 10004)83.0(t-02.00-010.018 (Steele) Site Visit Report- Page 6 of 9 September 17, 2009 Photo #5 View: East-southeasterly Photo #6 Date photo taken: 9/17/09 By: SC Planning Staff View: East-southeasterly Date photo taken: 9/17/09 By: SC Planning Staff 100¢)-083.00-02.004)10.018 (Steele) Site Visit Report - Page 7 of 9 / September 17, 2009 Photo #7 View: East-southeasterly Photo #8 Date photo taken: 9/17/I)9 By: SC Planning Staff View: Northeasterly Date photo taken: 9/17/09 By: SC Planning Staff 1000-083.00-02.004) 10.0t8 (Steele) Site Visit Report - Page 8 of 9 September 17, 2009 Photo #9 View: West-northwesterly Date photo taken: 9/17/09 By: SC Planning Staff 1000-083.00-02.00-010.018 (Steele) Site Visit Report - Page 9 of 9 September 17, 2009 This site visit report was prepared by: J~ssica L~ Kalmbacher Planner Date Andrew Amakawa Research Technician Date ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON 8,: GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATFITUCK~ LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 February 4, 2010 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Corso Appeal No. 6316 Re: Timothy Steele 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16 & 10.18 Ladies and Gentlemen: Enclosed are seven sets of a Memorandum for your consideration in this matter. A copy has been personally delivered to Patricia Moore, Esq., to the Building Dept. Att: Damon Rallis, and to the Town Attorney's Office. Thank you for your consideration. Ver~ tEl'fy yours, . i ~/i~ail A. Wickham Cc: Patricia Moore, Esq. Damon Rallis, Southold Town Jennifer Andaloro, Esq., Ass't Town Attorney O,shdzbasteel AA W~gt Memorandum to Zoning Board of Appeals on behalf of Timothy Steele and Jeanne Steele. Appeal #6316, Louis and Luba Corso Re: Timothy and Jeanne Steele, 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16, 10.18 February 4, 2010 Procedural History Timothy Steele "Steele" applied for an as built Ag Storage structure on March 17, 2009. The Southold Town Planning Board issued a waiver of site plan on Feb. 9, 2009 and confirmed that determination on April 27, 2009. Corso's representative was present at those proceedings. The Southold Town Building Dept. issued Permit No 34590Z on April 8, 2009 for "Constmction of an as built Agricultural hoop house for storage", and issued a Certificate of Occupancy No. Z-33674 for the same on April 27, 2009. On June 12, 2009, Louis and Luba Corso "Corso" filed an application to the Southold Town Zoning Board of Appeals stating that the Building Permit and Certificate of Occupancy were "issued in error in that variances to locate agricultural buildings located in an area other than the rear yard were denied in ZBA decision #5618 dated March 9, 2006 (Res Judicata)." There is no proof of filing the ZBA application with the Building Department. The ZBA heard the matter on October 29,2009 and January 21, 2010. Factual Background At the hearing the following testimony was offered: 1. The application for the building permit is for the agricultural hoop house only. All references to the metal shed, which was moved from the location disapproved by ZBA Decision #5618 (Appeal #5618), are irrelevant and should be disregarded. Corso's statement in the ZBA application, "hoop house previously described as 'agricultural storage shed' in Appeal #5618", is false - the hoop house was not part of that Appeal. 2. Steele is actively engaged in fanning on his 20 acre farm property, which includes a 4 acre parcel to which development fights are intact, containing a) a residence and accessory residential structures, namely a swimming pool and garage; and b) agricultural structures, including the hoop house in question; as well as a second hoop house and a metal shed which are not relevant to this proceeding, and c) farm crops. 3. The Building Permit was granted for an agricultural structure which the Building Dept. determined to be at least 20 feet from the side yard of the property. 4. The decision in Appeal #5618 covered the following structures: a) As built garage, accessory to the residence - Variance granted. b) 8 X 26 as built storage shed - metal shed discussed above - as built location denied and subsequently moved after consultation with Building Dept. c) Proposed Extension/addition to garage - not approved and not built d) 8 X 22 proposed storage shed on East side of property - variance denied e) Proposed 33 X 80 barn on east side - approved, not yet built. 5. The Building Dept. testified that the Building Permit and CO were properly issued under Code Section 280-13 and that Code Section 280-15, Accessory Structures, did not apply. Argument Steele maintains that the ZBA application should be denied because: 1. The application is procedurally deficient in that the application for the appeal was not properly acknowledged and was not filed with the Building Department. 2. The application was untimely, in that it was made more than 60 days after issuance ora building permit of which the applicant was aware. 3. The Building Inspector properly issued the permit and CO for this structure. 4. Appeal #5618 does not apply to the issuance of this Building Permit and is not Res Judicata. Point 1: Application is Procedurally Deficient. The application is not properly notarized as no valid date appears on the notary, nor anywhere else on the application. Therefore, the application is not complete and should not have been accepted for filing by the Zoning Board of Appeals. Further, there is no proof that a copy of the appeal was filed with the Building Department as required by Town Law Sec. 267-a (5) (b), thus divesting the ZBA of jurisdiction. Point 2. The Appeal is Untimely. NY Town Law Section 267-a (5)(b) requires that an appeal of a decision of the Building Inspector be made within 60 days of the issuance of the Building Permit. This appeal was filed on June 12, 2009, more than 60 days after the date of the Building Permit, April 8, 2009. The applicant was aware of the building permit prior to the expiration of the 60 days because applicant attempted to submit the application to the ZBA on May 26, 2009, but it was not accepted for filing until June 12, 2009. Further, the applicant has followed this matter continuously, including participation in and challenge to the Site Plan proceedings before the Planning Board. However, the application was not actually filed until June 12, 2009, more than 60 days after the issuance of the Building Permit. Further, no filing was shown as made with the Building Dept. within the required time. Point 3. The Permit and CO Were Properly Issued. Southold Town Zoning Code Section 280-13 provides, in relevant part: "In A-C ... Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arrange, intended or designed o be used, in whole or in part, for any uses except the following: (emphasis supplied) A. Permitted uses. (1) One-family detached dwellings ..... (2) The following agricultural operations and accessory uses thereto ....... (a) The raising of field and garden crops, ... the maintenance of nurseries ...... (c) Barns, storage buildings greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings...." The Code has always permitted simultaneous use of residential and farming uses on a single parcel. Any or all of the uses listed may occur, as principal, not accessory, uses. The first paragraph of 280-13 clearly states that more than one use is allowed in the district. A dwelling use and agricultural uses may both exist as principal uses on the same parcel. Structures related to the agricultural use are not accessory to the dwelling - they fall under section 280-13 A (2)(c). The hoop house falls under this section. The phrase "yard requirements for principal buildings" must obviously relate to setback - it cannot relate to "front, rear, side" yard because a principal building creates it's own front, rear and side yard. Which "yard" the hoop house is in is defined by itself, not the residence, because it is not accessory to the residence. The accessory structure section, Sec. 280-C, does not address farm buildings and is not applicable to this case, as the hoop house is not an accessory residential structure. Section 280-4 of the Code defines Accessory Building or Structure as "A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. Since agriculture, and its buildings, are principal under Sec. 280-13, the hoop house is clearly not accessory, nor is it incidental or subordinate to a principal building. This interpretation was confirmed by the testimony of Damon Rallis of the Building Department at the hearing. It is further reinforced by the Southold Town Right to Farm Law and NY Ag& Markets, which do not exempt application of Town regulations but do impose a policy which requires implementation to foster and not unduly hamper "designing and construction and using farm structures" (Town Code 280-99A) and "not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened" (NY AML 25-AA). Corso's citation of the Bulk Schedule, 280 Attachment 3:1 as "yard requirements of principal buildings" is misleading and inaccurate. Code Section 280-14 incorporates 280 Attachment 3 for setbacks. Neither section specifies that an agricultural building must be in a rear yard. Exhibit C to this Appeal is an undated photo, which Ms. Moore's memo (Pg. 2) states shows a hoop house "identified as an agricultural storage shed and that Mr. Steele was to relocate the hoop house to the easterly property line". There is no basis for this statement and there was no requirement that Mr. Steele relocate the hoop house. There was no "as built" hoop house involved in Appeal #5618. 4 Point 4. Appeal #5618 Is Not Applicable to this Structure and is Not Res Judicata. In Appeal #5618, the storage containers were described as accessory. As accessory structures, a variance would have been required for them to be located in other than the rear yard. However, the hoop house in the current appeal is not accessory to the residence, it is an agricultural building. The hoop house was not the subject of Appeal #5618 and that decision is therefore not relevant to this case. Applicant attempts to describe a metal container as somehow related to the hoop house in question. They are not related in any way. That the barn was referred to in Appeal #5618 as "accessory" was an error, but not a substantive one. The barn would clearly be an agricultural building, not accessory to the residence. The gist of the relief requested for this structure was the reduced set back for the yard it was in, not a variance to put it in a different yard than would be allowed for an accessory structure. The denial of the proposed extension to the garage in Appeal #5618 is also irrelevant to this case. The hoop house is a non-permanent ag structure. The proposed extension was for a permanent addition to an accessory residential structure. Thus, Appeal #5618 is not "res judicata" as to any issue in this case. Appeal #5618 dealt with accessory structures, except for the barn as noted above, and this case does not. Appeal #5618 dealt with accessory structures placed or to be placed in yards other than those permitted for accessory structures. This does not apply to this structure. The applicant's presentation, written and at the hearing, made references to buildings which were confusing, misleading and inaccurate. Applicant's reference to "agricultural storage shed" in the prior decision is actually the metal container which was located behind the garage and 5 feet from the boundary line. The ZBA determined that it could not remain in that location. It did not determine that it, or any other structure, could not be located next to the garage. The ZBA does not have jurisdiction to make that determination with respect to an agricultural building which is the requisite distance from the boundary line because the Building Inspector could have properly issued a permit for it, and did in the instant case. The issues raised by Steele in defense of the violations issued by the Town with respect to this structure, as to whether a permit was even required under the Town Code due to the nature of the construction, have not been adjudicated. This is a temporary, de minimus structure which has no footings, no concrete, no nails, and was allowed to be constructed without a building permit after 5 consultation with the Building Dept. It is well screened from all neighboring properties. The Town took the position that subsequent reinforcemems of the building required a permit and issued violations. Steele elected to apply for the permit rather than proceed to an expensive trial in a criminal case and adjudicate the merits. He did so withom an admission that a permit was required. For the reasons stated above, Steele respectfully requests that this appeal be denied. Abigail A. Wickham Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, Mattimck, NY 11952 631-298-8353 ZBA/SteeleMemoHoopA 6 ~ECE]VED BOARD OF APPEALS December 7, 2009 Chairman Gerard Goehringer Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Chairman Goehringer, My husband Steven Muth and I live at 13459 Oregon Road, in Cutchogue. Our house is North of the Steele farm. We have owned the property there since 1996. I am writing this letter to let you know that the hoop barn, which Timm Steele erected on the North side of his property, is not offensive to us in any way. It is a small, green structure; it is my understanding that farm equipment is kept inside. Significantly, it is virtually impossible to see the barn from anywhere on the right of way or from anyone else's property. Please feel free to contact me if you have any questions regarding this matter. Sinc~ Laura Solinger October 21, 2009 Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 tv2,rtin Soja 13457 Oregon Rd. Cutchogue~Z._. OCT 2 6 2009 Dear Members of the Zoning Board: This letter is in regard to an appeal concerning property located at 13795 Oregon Road, Cutchogue, New York. This is to request the Southold Town Zoning Board of Appeals repeal a building permit concerning an as-built agricultural hoop house for storage on property owned by Timothy and Jeanne Steele. My property and driveway immediately adjoins this location. This 20 foot by 20 foot building has been described as an 'Ag building' or a 'Hoop Building.' However, it has a concrete foundation and building supports which make it no different than a garage. Also, there are over 30 acres on this property to which this structure could be relocated. In addition, the Steele's have a second metal structure which was supposed to be removed under a previous violation which has not been corrected. This structure also has an offensive sign painted on the side facing my property which lowers the home values in the area (copy of sign attached). I respectively request that this building permit be revoked as I do not believe this structure meets the spirit or legalities of the Building Code. Sincerely, Martin Soja cc: Charles Cuddy Esq. attachment Office Location: Town Annex/First Floor, Capital One 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 June 15, 2009 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 XI¥ of the Suffolk County Administrative Code: ZBA File g6316 Owner/Applicant: Corso, Louis & Luba vs. Steele, Timothy & Jeanne F. Action Requested: Aggrieved Party Appeal for Reversal of Building Permit and or CO of an agricultural storage building in the side yard. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerarj;H ZBA tCh, By: ~I Goehringer ~anA ~l.(~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS & LUBA CORSO (Name of Applicant) SCTM Parcel #1000-83-2-10.16 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS ~OARD OF APPEALS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: Onthe ~ ~"' day of January, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Letter and Authorization in prepaid envelope addressed to: (~gna(ure) ..~ -- BETSY PERKIr~/ Sworn to before me this day of January, 2010. ( (l'~'otary Public) MARGARET C. RUTKOWSK~ Notary Public. State of New York No. 4982528 Qualified in Suffolk County Comrnissk~n Expires June 3.~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT 7192 6463 3110 00o0 5794 FROM: PATRIClA C MOORE ESQ TOTAL $ 5.54 POSTMARK OR DATE RECEIPT ~ 7192 6463 3110 ~ FROM: pATR[CIAC M6ORE ESG SEND TO: JOSEPH SWIATOCHA RECEIPT 71926463311000005831 FROM': PATRICIA C MOORE ESQ SEND TO: PETER J FILIBERTO 4054 61 ST SI~EET WOODSIDE NY 11377 FEES: f~R RECEIPT 192 64~3 3110 C0C~ 5817 OM: PATRICIA C MOORE ESQ SEND TO: TIMO3~HY T & JEANNE F~TEE 13795 OREGON ROAD TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 71926463311000o05848 FROM: PATRIClA C. MOORE ESQ RECEIPT FROM: RECEIPT 71926463311000(305862 FROM: PATRICb~ C MOORE ESQ. RE: co~so/steele zba hearing RECEIPT 71 ~2 6463 3110 00c<) 5879 FROM: PATRIC L~ C. MOORE ESQ SEND TO: IA. URA SOL~NGER 13459 OREGON ROAD ~(~(:~ CLIFFS LLC /~ HEWAT WAY ~ , "/0 ~ TOTAL $ 554 POST~RK OR DATE SEND TO: POST~RK OR DATE SEND TO: HOUSE REGINA 13451 LLC POST~"K OR DATE RECEIPT 7192646331100(3005886 FROM: PATRICIAC MOORE ESQ. RE: cdr so/sleele zba hea~ing SEND TO: OREGON LLC PO BOX 1287 CUTCHOGUE NY 11S35 FEES: Eo, TOTAL -~ $ 5.54 POSTMARK OR DATE RECEIPT 71926463311000005893 FROM: PATRICIA C. MOORE ESQ. SEND TO: OREGON LLC TOTA~-[- ~ .54 POSTMARK OR DATE RECEIPT 71926463311000005909 FROM: PATRIClA C MOORE ESQ. TOTAL $ 5.54 POST~RK OR DATE RECEIPT FROM: pATRICIA C MOORE ESQ SEND TO: THOMAS J EN M UHLIN( ~-~ 5.54 POSTMARK OR DATE CORSO ZBA NEIGHBOR LIST TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.16 HOUSE REGiNA 13451 LLC C/O LOUIS CORSO PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-11.13 JOSEPH SWIATOCHA 13825 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-9.2 PETER J. FILIBERTO 4054 61sT STREET WOODSIDENY 11377 SCTM: 1000-83-2-9.3 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.17 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.18 LAURA SOLiNGER 13459 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.12 OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.6 OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.7 MORELL LLC OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.8 THOMAS J. & KAREN M. UHLiNGER PO BOX 1025 CUTCHOGUE NY 11935 SCTM: 1000-83-3-7.1 OREGON CLIFFS LLC 62 THE WATERWAY MANHASSET NY 11030 SCTM: 1000-83-2-10.13 TENNIS MONICA 13453 LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.14 P~TRICIA C. MOORE ARorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 7, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: APPEAL BY LOUIS & LUBA CORSO PROPERTY LOCATION: 13795 OREGON ROAD, SCTM:1000-83-2-10.16 CUTCHOGUE Dear Neighbor: I represent Mr. & Mrs. Corso regarding an appeal concerning property located at 13795 Oregon Road, Cutchogue, New York. They have submitted a request to the Southold Town Zoning Board of Appeals to appeal a building permit and certificate of occupancy concerning an as-built agricultural hoop house for storage on property owned by Timothy & Jeanne Steele. A copy of the legal notice is enclosed. A complete copy of the application is available for your review at the ZBA office located at the Town Hall Annex, First Floor of the Capital One Bank Building, 54375 Main Road, Southold during regular business hours. The hearing on this matter has been scheduled for THURSDAY, JANUARY 21, 2010 at 1:15 p.m. at Southold Town Hall, 53095 Main Road, Southold, New York. If you have any questions, or you wish to support this application, please do not hesitate to contact me. V~ truly yours, oor? encls. C: Mr. & Mrs. Louis Corso Office Location: Town Annex/First Floor, Capital One 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 22, 2010 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, APRIL 22, 2010: 1:00 P.M. LOUIS and LUBA CORSO #6316. As per 2/25/10 Board Resolution re-opening hearing for the purpose of questions related to only the deeds and right of way access (1121110 PN was concluded) Location of property: 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 4/8/09 and Certificate of Occupancy # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road, Cutchogue; CTM 1000-83-2.10.16. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1609, or by emaih Vicki.Toth~,Town. Southold.ny.us. Dated: March 23, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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, Southoid website: http://southtown.northfork.net March 22, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, April 22, 2010 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 April 1st: 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_JI 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 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 durin,q the hearin.q, providin,q the returned letter to us as soon as possible; AND not later than April 2nd: Please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 April 14th: 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 Posting for receipt by our office before April 20, 2010. 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS & LUBA CORSO (Name of Applicant) SCTM Parcel #1000-83-2-10.16 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: ~.~ i~ On the day of March, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this ! ~'7~ day of April, 2010. bile) MARGARET C. RUTKOWSKI Notaw Public, State of New York No. 4982528 Qualified in Suffolk County . Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. coRso ZBA NEIGHBOR LIST TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.16 JOSEPH SWIATOCHA 13825 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-9.2 PETER J. FILIBERTO 4054 61sT STREET WOODSIDENY 11377 SCTM: 1000-83-2-9.3 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.17 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.18 LAURA SOL1NGER 13459 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.12 HOUSE REGiNA 13451 LLC C/O LOUIS CORSO PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-11.13 OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.6 OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.7 MORELL LLC OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.8 THOMAS J. & KAREN M. UHLiNGER PO BOX 1025 CUTCHOGUE NY 11935 SCTM: 1000-83-3-7.1 OREGON CLIFFS LLC 62 THE WATERWAY MANHASSET NY 11030 SCTM: 1000-83-2-10.13 TENNIS MONICA 13453 LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.14 RECEIPT FROM: RECEIPT 7192 6463 31 ~013~5 FRO'M: pA~ICIAC MOORE ESQ SEND TO: TIMOTHY T. & JEANNE F STEM 13795 OREGON ROAD CUTCHOGUE NY 11935 SEND TO: JOSEPH SV~'.ATOCHA 13825 OREGON ROAD CUTCHOGUE NY 11935 FEES: FEES: TO RECEIPT 71926463311000006692 FROM: PATR~CIAC MOORE ESQ SEND TO: PETER J FILIEERTO 4054 61 ST STREET WOODS[DE NY 11377 RECEIPT SEND TO: TIMOTHY T & JEANNE F STEM 13795 OREGON ROAD CUTCHOGUE NY 11935 FEES: ~~ Postage 044 F 0.44 Restricted ~1'1~ ,~21 TOTAJ~., , 5.54 ~pos-rMARK O~I~Tt \ '~.POSTMARK.,~P~ATE ,,'.... j/ RECEIPT RECEIPT RECEIPT RECEIPT RECEIPT 71926463311030006722 71926463311000006739 7192 6463 3110 oo(x) 6678 71~2 6463 3110 0000 6708 7192 6463 3110 3000 6715 FROM: FROM: FROM: FROM: FROM: PATRICIA C MOORE ESQ. PATRICIA C MOORE ESO PATRICIA C MOORE ESQ, PATRICIA C MOORE ESQ PATRIC[A C MOORE ESQ RE: corso v steele zba RE: c~so v steele zba SEND TO; SEND TO: SEND TO: SEND TO: SEND TO: TENNIS MONICA 13453 LLC HOUSE REGINA 13451 LLC CIO LOUTS CORSO TtMOTHY T & JEANNE F. STEM LAURA SOLINGER OREGON CLIFFS LLC PO SOX 1287 13795 OREGON ROAD 13459 OREGON ROAD 62 THE WATERWAY CUTCHOGUE NY 11935 PO BOX 1287 CUTCHOGUE NY 11935 CUTCHOGUE NY 11935 CUTCHOGUE NY 11935 MANHASSET NY 11030 FEES: R~e~R~ 230 TOTAL FEES'~iee ~:~ urn Receipt 2.30 FEES: FEES: , 80 TO'I~AE $:~.54 TOTAL '; POST~RK OR D~TE POST~RK OR DATE RECEIPT RECEIPT RECEIPT 7192 6zl63 311 o oc~o 6760 7192 6463 311 o oooo 6777 RECEIPT 7192 6463 311 o 30~o 6746 7192 64~3 3110 00(30 s75~ FROM: FROM: FROM: PATRIC~ C MOORE ESQ FROM: PATRICIA C. MOORE ESQ PATRICIA C. MOORE ESQ SEND TO: SEND TO: SEND TO: MORELL LLC THOMAS J & KAREN M UHLIN( SEND TO: OREGON LLC OREGON LLC PO BOX 1025 OREGON £LC PO BOX 1287 PO BOX 1287 CUTCHOGUE NY 11935 PO SOX 1287 CUTCHOOUE NY 11935 CUTCHOGUE NY 11935 CUTCHOGUE NY 11935 FEES' ~-~.- 280 iR m Reoeipt TeTAJ_ --~.5~ FEES: ~'Eee T¢ I ~R.~K OR DATE Restricted TOTAL ri~ ~' $ 5,54 POSTMARK OR DATE PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Received By: (Please Print Cleady) C. Date of Delivery PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Date of Delivery PATRZCIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 I(Extr"Fee) ["-lYes I CERTIFII~ I 2. Article Number I 7192 6463 311D ODDO 6715 7192 6463 3110 0000 6715 1. Article Addressed To: OREGON CLIFFS LLC 62 THE WATERWAY MANHASSET NY 11030 J4. Restricted Delivery? J3. Sen/ice Type (Extra Fee) [] Yes I CERTIFIED t2. Artiole Number J 7192 6463 3110 0000 6753 7192 6463 3110 0000 6753 ~ Addressed To: OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 4. Restrioted Delivery? 3. Service ~yp"~ ' '~. (Extra Fee) [] Yes CERTIFIED Article Number 1. Article Addressed To: 7192 6463 3110 0000 6777 By: (Please Print Clearly) 7192 6463 3110 0000 6777 Article Addressed To: THOMAS J- & KAREN M- UHLINGER PO BOX 1025 CUTCHOGUE NY 11935 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS & LUBA CORSO AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-83-2-10.16 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn,,depose and say that: On the)C~ day of April, 2010, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, April 22, 2010 ~'~a C. Moore Sworn to before me this '~/.~ day of April, 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRZCIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature: (DAddressee or DAgent) X B. Received Ety: (Ptease Print Clearly) C. Date of Deliveq/ 2. Article Number 7192 6463 3110 0000 6708 4. Restricted Delivery? [3. Sen~ice Type (Extra Fee) [] Yes[ CERTIFIED 7192 6463 3110 0000 6708 1. Article Addressed To: Delivery Address PATRI¢IA C- MOORE ESQ. 51Q20 MAIN ROAD SOUTHOLD NY 11971 LAURA SOLINGER 13459 OREGON ROAD CUTCHOGUE NY 11935 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signaj~re: ([2~dre~ee ar DAgent) JOSEPH SWIATOCHA 13825 OREGON ROAD CUTCHOGUE NY 11935 4. Restricted Delivery? 3. S e--:v,~; T~e~ [ (Extra Fee) [] Yes I CERTIFIED 2, Art~gN2Um~4r63 3110 0000 6739 7192 6463 3110 0000 6739 t. Article Addressed To: HOUSE REGINA 13451 LLC C/O LOUIS CORSO PO BOX 1287 CUTCHOGUE NY 11935 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD sOUTHOLD NY 11971 7192 6463 3110 0000 6661 TIMOTHY T- & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 6654 OO5 TIMOTHY T. & JEANNE F- STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 h.ll.,llhl.,,ll-I,l"' PATRICIA C. MOORE ESQ. 51020 MAIN ROAD sOUTHOLD NY 11971 7192 6463 3110 0000 6678 PS Form_ 3800, 6/2002 i TIMOTHY T- & JEANNE F- STEELE ' ~ 13795 OREGON ROAD '" CUTCHOGUE NY 11935 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: CORSO, L (AGGRIEVED APPLICANT) #6316 MAP #: 83-2-10.16 - STEELE PREMISES APPEAL FOR REVERSAL OF BLDG. PERMIT + CERT. OF OCCUP. HOOP HOUSE YARD LOCATION DATE: THURS, APRIL 22, 2010 I PM If you ar.e 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, Capital One 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 21, 2010 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 21, 2010: 1:15 P.M. (Continued from 10/29109 PH calendar): Appeal # 6316 by LOUIS and LUBA CORSO, 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 418/09 and Certificate of Occupancy # Z-33674 dated 4127/09 concerning an as-built agricultural hoop house for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road, Cutchogue; CTM 1000.83-2.10.16. 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. Dated: December 28, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 4, Restricted Delivery? 3. Service Type T (extraFee) [~]Yes ' CERTIFIED 2. ~,rticle Number 7192 6463 3110 0000 5879 7192 6463 3110 0000 5879 Date of Delivery PATRI¢IA C* MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 DAddressee or [3Agent) Received By: (Please Print Clearly) I. Article Addressed TO: HOUSE REGINA 13451 LLC C/O LOUIS CORSO PO BOX t287 CUTCHOGUE NY 11935 J 2. Article Number I 7192 6463 3110 0000 5916 7192 6463 3110 0000 5916 C. Date of Delivery sAddress PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 '~AgenO By: (Please Print Clearly) 1. Article Addressed To: THOMAS J. & KAREN M. PO BOX 1025 CUTCHOGUE NY 11935 UHLINGER 4. Restricted Delivery? 3. Se~lce Type (Extra Fee) [] Yes CERTIFIED Article Number 7192 6463 3110 0000 5893 7192 6463 3110 0000 5893 I- Date of Delivery 1. Article Addressed To: ).Addmssee'sAddress(If~)l~r. mF~ma~u~/~ys.n~e~ OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 PATRICIA C. MOORE~kSQ. 51020 MAIN ROAD g 50UTHOLD NY 11971~''' Signature: (Please Print Clearly) PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 or E]Agent) By: (Please Print Clearly] Date of Delivew 7192 6463 3110 0000 5824 t, Article Addressed To: JOSEPH SWIATOCHA 13825 OREGON ROAL CUTCHOGUE NY 4, Restricted Deli~ IIIll IIIIIIIIIIIII 7192 6463 3] OREGON LLC PO BOX 1287 CUTCHOGUE NY 119 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Dally! (Extra Fee) [] E. Article Number (Please Print Clearly) of Delivery 7192 646'4--- 7192 6463 3110 0000 5909 1. Article Addressed To: MORELL LLC OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 State ZIP + ~ PATRZCIA C. NOORE RAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes CERTIFIED 2. ~rUcle Number 7t92 6463 3110 DODO IllllllllllllllllffBlla ._.~.~/ I~: ~ 7192 6463 91'1.0 0000 5848 13459 OREGON ROAD . CUTCHOGUE NY 11935 - ~ . I ~ ~ 11971 hi ~ A~i~le Num~ gent) C~ear~y) Date ~ De~wely 7192 3110 OOOO 6036 OFFICE OF ARKS, RECREATION- :SERVATION 12188-0189 Delhmr~ m F L j ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS & LUBA CORSO AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-83-2-10.16 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the t.~ I~ day of January, 2010, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, JANUARY 21, 2010 ~~ Sw(~rn to before me this -~C1' day of January 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: CORSO, L (AGGRIEVED APPLICANT) #6316 MAP #: 83-2-10.16 - STEELE PREMISES APPEAL FOR REVERSAL OF BLDG. PERMIT + CERT. OF OCCUP. HOOP HOUSE YARD LOCATION DATE: THURS, Jan. 21, 2010 1:15 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, Capital One 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 21, 2010 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 21, 2010: 1:15 P.M. (Continued from 10/29/09 PH calendar): Appeal # 6316 by LOUIS and LUBA CORSO, 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 4/8/09 and Certificate of Occupancy # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road, Cutchogue; CTM 1000-83-2-10.16. 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 staff earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765.1809. Dated: December 18, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 1~971-0959 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: htto://southtown.nor thfork.net December 21, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, January 21, 2010 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 January 7m: 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 we If any letter is returned to you undeliverable, you are requested t° make other attempts to obtain a mailin,cl 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 wdtten statement, Qr durin,q the hearin.q, pr0vidin,q the returned letter to us as soon as possible; AND not later than January 8th: Please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned ,undeliversble", please advise this office as soon as possible. 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 than January 13st: 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 Posting for receipt by our office before JanuaW 19, 2010, 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. . 0 0 > ~ z ~ 0 i'~ ~ ~nt to Section 267 of the Town Law and L~j~iL~II Code Chapter 280 (Zoning) Town $outhold, the following pub]ir hear, , will be held by the SOUTHOLD ~ 'L ZONING BOARD OF at the Town Hall, 53095 Main '~d, E0. Box 1179, SouthoId, New ~ 11971-0959, on THURSDAy, side yard setback of 10 feet, and (4) over the lot coverage limitation of 20%, at 1515 Minnehaha Blvd. and Opechee Ave., Southo]d; CTM 87_3-50. 10',30 A.M. WILMINGTON TRUST COMPANY #6343. Request for vari- ances from Code Section 280-124. based on an application for building permit and the Building Inspector's September ~5, 2009 Notice of Disapproval concern- mg proposed den~olition and reconstruct a single family dwelling: (1) [ess than the code required minimum side yard setback of 20 feet and, (2) less than the code required front yard setback of 55 feet, at Off East End Rd., Fishers Island. CTM 2-1-8.2. 10:.40 A.M. FRANK J. & DONNA M. SCAROLA and DONNA PERRLN #6350. Applicants request a Special Ex- ception under Section 2g0-13B(14),.The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast, accessory and in cidental to their residential occupancy in this single family dwelling, with four (4) bedrooms for lodging and serving of breakfast to the B&~3 casual, transient roomers. Location of Property: 4850 Sound Ave., Mattiluck; CTM 121-3-6. 11.'05 A.M. BRYANT & MERCY McELROY #6346. Request for Variance from Code Section 280-124, based on an applicatioff for building permit and the Building Inspector's September 29, 2009 Notice of Disapproval concerning ~xisting addition to a single family dwell- mg at less than the minimum rear yard setback of 35 feet. Property located at 55 Inlet Lane and Sandy Beach Road, Greenport: CTM 43 4 38. lsideyardsetbackofl0feet,(3) less 11:20 AM. GWYNETH M. KET- !oral required total 25 feet, and (4) TERER and MARY B. SYKES #6349, of maximum Request for Variances under Code Sec- lot coverage, at 975 Town Harbor tions 280-123 and 280 15, based on the CTM 63-4-12. Zone Dis- Building Inspector's September 24, 2009, Amended November 4, 2009 Notice of 10:.i5 A.M. MARK M. & ELIZA- Disapproval concerning an application E #6342. Request for for a building permit to alter the use of .~O from Code Section 280-124, an accessory structure with additions E on an application for building and alterations: (I) a nonconformin ' ~ --~ - anl th~ Building Inspector's Sop- buildthg containing a nonconform ngg~ ~ ~ .... ~ ' ' ~{once' r .2' 2009 Notice of. Disapproval use sba no be enlarged, reconstructed fj-) rnmg proposed additions and al: or structure y a ered or moved, unless ~~¢rations to a single family dwelling (1) use of such building is changed o a con- ~---- -- 5i~e~s.s than the code required front ~ard forming use, (2) less than the code re- ~----~~~_.tback of 35 feet, (2) less than code re quired 50 foot front yard setback, (3) less ~ - - --i.~ulted rear yard setback of 35 feet, (3) than the minimum side yard setback of g;~~gs~ than the code required mLnimum 20 feet, (4) more than the code required maximum height of 22 feet. Loca on of Property: 1995 Ryder Farn~ Lanel Ori- ent. CTM: 15-3-1.1. 11'30 A.M. TItEODORE C. MAR- TZ; JR. #6344, Requests for Variances under Code Sections 28048 and 280- 10, based on the Building Inspector's August 19, 2009 Revised November 18, 2009 Notice of Disapproval and an ap- plication for a building permit for a sub- division and construction, disapproved for the fogowing reasons: (1) lots merged under section 280-10;when held in com- lnon ownership with the first lot at any time after July 1, 1983...and accordthg to Town Code, the existing 10Is are merged/ (2) proposed Parcel 1 will contain more than one dwelling, (3) subdivision will result in two lots having less than 40,000 square feet for each Parcel 1 & 2. Loca tion Of property: 555 Broadwaters Rd., Cutchogue. CTM: 104-12 6~1 12:15 P.M. STEVE and OLGA TENED1OS g6323. (Carry Over from Oct. 29, 2009) Location 17327 Main Road (private r Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CFM 1000-23-1-14.10 adjacent to the Long Island Sound. Re- quested are Variances under Sections 280-15(C and F), based on a budding permit application and the Building In- spector's Notice of Disapproval dated July 7. 2009, Amended December 5, 2009, concerning the following proposed new construction: A) The proposed accessory garage is not permitted: 1) with a setback less than 55 feet from the front yard line along the right- of way; 2) with a size lhat exceeds the code limitation of 750 square feet; B} The proposed accessory pool budding is not permitted in the side yard when a front or rear yard location is code required. C) The proposed swimming pool is not permitted in a side yard when a front yard or rear yard location is code- required. 1:15 P,M, (Carryover; from 10/29109 PH calendar): Appeal #6~6 by LOUIS and LUBA CORSO 13451 Oregon Road, Cutchogue, ap~)ealing Building Permit #34590 dated 4/8/09 and Cer- tificate of Occupancy g Z 33674 dated 4927/09 Concerti,rig an as built agricul- tural hoop house for storage on property ~, 0 0 7 O Code Chapter 289 (ZonLag), Town ~t the TO~ ~, 53~5 M~n ,EO. Box 1179, Southdid, New b~d on ~ application y dwelling, at le~ 5 feet. at 45 Oak Road Grathwohl Rd.), New Suffolk: for a g Inspector'iAu- 2~ Noti~ of b~approval proposed addition ~d atiera- code-requ~ed ~La~um re~ ~.s~tbac~ of ~ feet, at 1~ Bfigant~e ofi~ of D~approval concerning side yard setback of 10 feet. and over the tot coverage limitation of 20% at 1515 MLanehaha Blvd. and Opechee Ave., Southold: CTM 8%3-50. 12) at'less than mini- Greenport: CFM 43-4-38 f ~1.0 eot, (3)tess 11:20 A2V][. GWYNETH M. KET- ~ feet, a~d (4)~ -TERER and MARY B. SYKES )n of m Lx~mum: Request for Var ances under Code ~t coverage at 975 Town Harbor- tions 280-123 and 280-15~ based on CTM 634-12. Zone Dis- Building 7mspector's September 24.2009. Amended November 4. 2009 Notice of 10:.15 AAVL MARK M~ & ELIZA- Disapproval concerning an apphcafion Request for for a building permit to alter the use of maximum height of 22 feet. Location of Property: 1995 Ryder Farin Lane. Ofi- Ll'~30 AM, THEODORE C. MAR- TZ~ JR. ~ Requests for Variances under Code Sections 280-18 and 280- 10, based on the Building lnspector's l. August 19, 2009 Revised November 18, 2009 Notice af Disapproval and an ap- plication for a building permit for a sub- division and construction, disapproved for the following reasons: (i) lots merged under S~ecfion 280-10; when held La com- mon owners~ap with the first tot at any time after July 1,1983...and according to town Code, the existing l~s are merged, (2) proposed Parcel 1 will contain more than one dwelling, (3) subdivision will result in two lots having less than 40.000 square feet for each Parcel 1 & 2. Loca- tion of property: 555 Broadwaters Rd.. 12:15 PgiL STEVE and OLGA TENEDIOS //6323. (Carry Over from Oct. 29, 2009) Location of Property: 17327 Main Road (private right-of-way), Lot 6 on a Map of B~ionn Gldid By the Sea. East Marion; CTM 1000-23-1-14.10 adjacent to the Long Island Sound. quested are Variances under Sections 280-15(C and Fl. based on a building permit application and the Building spector's Notice of Disapproval dated July 7. 2009, Amended December $ 200% concerning the following proposed new construction: _ A/The proposed accessory garage is no/permitted: 1) with a setback less than 55 feet from the front yard llne along the fight- of-way; g) with a sxze that exceeds the code limitation of 750 square feet: B) The proposed accessory pool building is not permitted in the side yard ~vhen a front or rear yard location ~s code required C} The proposed svomnimg, pool is not permitted in a side yard when ~ from Code Section 280-124, on an applica on fox building ceber ,2 2009 No{ace' of Disapprova' mg proposed additions and al ns to a single family dwelling, (Ii than the code required front yard ~lllll~a~k of 35 feet. (2) less than code re- Uir .od. rear yard setback of 35 feet, (3) an accessory structure with additions front yard or rear yard location is code- and alterations: (1) a nonconforming' required - building containLag a nonconforming' ~1}5 ~.M~ (Carryove~ ~om 1Wge~'~} u~e shall not be enlarged reconstructed! PH eal~nd~-~ ~ ~6~; h~' ~-~7~:{~ or structurally altered or moved, un ess' and LUBA~CORS~ -~). l~4~5~r'~g'~ use of such building is changed to a con-: Road. Cutchogue, appealing Building forming use. (2) less than the cede re- Permit ~34590 dated 4/8/09 and Cer- quiredS0foot frontyardsetback.(3)less, tificate of O~upaney g Z-33674 dated than the mimmum side yard setback of 4/27/09 concermng an as-built agricul- 20 feet. (4) more than th~ code reqmred rural hoop house for storage on property ~ONING 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.northfork.net October 1,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 29, 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 October 12th: 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 owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearing, prov din.q the returned letter to us as soon as possible; AND not later than October 13th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 21st: 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 Postin.q for receipt by our office before October 27, 2009. 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. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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, OCTOBER 29, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 200 (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 29, 2009: 11:25 A.M. Appeal # 6316 by LOUIS and LUBA CORSO, 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 418/09 and CO # Z-33674 dated 4/27109 concerning an as*built agricultural hoop house for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road, Cutchogue; CTM 1000-83-2-10.16. 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 priorto 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, 2009. 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: CORSO, L (AGGRIEVED MAP #: APPLICANT) #6316 83-2-10.16 - STEELE PREMISES APPEAL FOR REVERSAL OF BLDG. PERMIT + CERT. OF OCCUP. HOOP HOUSE YARD LOCATION DATE: THURS, OCT 29th 2009 11:25 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 #9494 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Off[ 2 0 2.009 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 15th day of October, 2009. , Principal Clerk Sworn to before me this day of N©fAEY PUBLiC*STATE OF NEW YORK NO. 01-VO6105050 ~ a~!fied in SuffOlk COUflt¥ LEGAL NOTICE SOUTHOLD TOWN ZONING BOA~RD OF APPEALS THURSDAY, OCTOBER 29, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Soutimld, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF ApL PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 119714Y959, on THURSDAY. OC- 9-.40 A.M. BABS CORP. # 6284 (car- ryover ~rom 6/25 and 8/27 for more in formation). Property Location: 13105 Main Road, Mattituck; CTM 140~3-39. 9-.50 A.M. KEVIN and BETYY ANN MORRIS g6328. Request for a Vari~ ance under Section 280-124 based on the Building Inspector's May 27, 2009 No- tice of Disapproval concerning additions and alterations (to the existing single- family dwelling) which will be less than the code-required m~nimum setback of 10 feet on a single sid~ yard, at 435 Oak Street, Cutchogue; CTM 136-1-27. 10.-00 A.M. KATHRYN FARRAND- MO#NEY # 6325. Request for a Vari- ance under Section 280-122A and ZBA Zoning Interpretation # 5039, based on the Building Inspector's July 9, 2009 No- tice of Disapproval concerning an appli- cation for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create .a new noncon- formance with regarding to a single side yard at less than 15 feet, and total side yards at less than 35 feet. (Note:This lot appears to be between 20,000 and 30,000 · square feet after deleting the land below the bluff or bank of Little Peconic Bay.) Location of Property: 1769 Smith Road, Peconic; CTM 1000-98,4-20. '~ ~ 10:15 A.M. LORRAINE PARRA # 6324. Requests for Variances under Section 280-124 based on the Building Inspector's July 8, 2009 Notice of Dis- approval which states that the new ad- dition/alteration (to the existing single family dwelling) will be less than the code-required minimum of 35 fe~t and will exceed the maximum lot coverage of 20°/°,, after creating new habitable floor space on this +/- 2,475 square foot lot, at 970 Seventh Street, Greenport; CTM 1000-48-2-19. 10'.30 ~ JON and JENNIFER SHIPMAN 06327. Request for a Vari- ance under Section 280-124 based on ~ the Building Inspector's June 17, 2009 Notice of Disapproval concerning an ad- dition to the existing single-family dwell~ ing with a front yard sethaek at less than the code-required 50 feet, at 4745 Elijahs Lane, Mattituck; CTM 1000-100-4-11. 10:45 A.M. STEVE and OLGA TENEDIOS # 6323. Locafon of Prop- erty: 17327 Main Road (private right-of- way), Lot 6 on a Map of Brionn Gl#id By the Sea, East Marion; CTM 1000-23-l- 14.10 adjacent to the Long Island Sound. Requested are Variances under Seetinns 280-15(C and F), based on a building permit application and the Building In- spector's Notice of Disapproval dated July 7, 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1) with a setback less than 55 feet from the front yard line along the right- of-way; 2) in a side yard when a front yard or rear yard location is code-required on a waterfront parcel; . 3) with a size that exceeds the code lirintation of 750 square feet; B) The proposed accessory pool building is not permitted: 1) with a size that exceeds the code lhnitation of 750 square feet; 2) with dormer proposed in excess of the code limitation of 40% of roof width; C) The proposed swimming pool ' is not permitted in a side yard when a front yard or rear yard location is code- required. IL'05 A.M. CHRIS MESKOURIS # 6326. Request for Variances under Sec- tion 280-124 based on the Building In~ spector's revised July 16, 2009 Notice of Disapproval concerning a new pergola and new patio (after removal of deck) with a setback at less than 10 feet on a single side yard, less than 25 feet on to- tal side yards, and exceeding the code limitation of 20% lot coverage on this 6,045 square feet lot (measured from the Coastal Erosion Line), at 1400 Sound Beach Drive, Mattituck adjacent to Long Island Sound; CTM 1000-106-1-35.1. ~ A.M. Apl~l # 6~!6 by LOUIS and LIL~A COR$O~ 13451 Oregg~ Road, Cutehogue, appealing Building Permit #34590 dated 4/8/09 and CO # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for stor- age on property owned by TIMOTHY AND IEANNE STEELE at 13795 Or- egon Road. Cutchogue; CTM 1000-83- 2 10.16. 12:00 P.M. BARBARA SHINN # 6308 (Hearing reopened as per Board Resolution). Request for Variances from Town Code Chapter 277, Section 277- 3B(] ), based on the Building Inspector's April 8, 2009 Notice of Disapproval stat- ing that the proposed wind turbine is not meeting the code requirement for a minimum distance from a property line, total height of the small wind en- ergy system plus 10 feet, except that it shall be set back at least 30~ feet from a property line bordering an existing resi- dential structure. The proposed location is shown 136.5 feet measured easterly to other land identified as CTM 1000- 100-44; zero feet from the applicant's agricultural land along the west, and +/- 18 feet from the applicant's agricul- tural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant's single-family dwell- ing and agricultural lands. Location of Proper ty: 20~0 Oregon Road, Matt tuck; CTM 1000-100,4-part of 3 (now 3.1 and 3.2) and 1000-100-44. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each bearing, and/or desiring to submit written statements before the conclusion of each hearing. Each h~adng will not start earlier than designated above. Files are available for review daring regular business hours and prior to the day o]~ the hearing. I/you have questions please 'do not hesitate i~ c0htact our office at (631) 765-1809, or by e-mail: Linda. Kowalski@Town. Southold.ny. us. Dated: October 6, 2009. ZONING BOARD OF APPEALS GERARD P, GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS~ EO. Box 1179 Southold. NY 11971-0959 9494-1T 10/15 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS & LUBA CORSO (Name of Applicant) SCTM Parcel #1000-83-2-10.16 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS RECE~/ED OCT ]. 9 2009 BOARD OF APPEALS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: _ / /\ On th~/! day of October, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ,~Signatur(~) / / /BETS ,N Sworn to before me this/-5--r~ ~ of~(.?.O ctober, 2009. I~I~RGARET C. RUTKOWSKI Notary PubliC, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ;~.~,1 ! PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765~r330 Fax:: (516) 765~.643 ~EcE%VED 30ARD OF APPEALS September 14, 2009 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: COR80 # 6316 SCTM: 1000-83-2-10.16 HEARING DATE: THURSDAY, OCTOBER 29, 2009 Dear Chairman: With reference of mailing, copy of Thank you. to the above, enclosed please find affidavit letter to neighbor and postal receipts. Very truly yours, Patricia C. Moore By Betsy Perkins LA bp encls. RECEIPT 7193 6463 3110 00o0 5442 FROM: PATRICIA C MOORE ESQ RE: CORSO/STEELE ZBA ' FROM: FROM: SEND TO: I SEND TO: TIMOTHY T & JEANNE F STE~ JOSEPH SWIATOCH~ 137~5 OREGON ROAD 13825 OREGON ROAD CUTCHOGUE NY 11935 CUTCHOGUE NY 11935 FEES: TOTAL · · $ 5.54 POSTMARK OR D?TE SEND TO: PETER J FILIBERTO 4054 61ST STREET WOODSIDE NY 11377 FEES: FEES: Po~t~se 04J Postage 044 TOTAL $ 5.5~ TOTAL $ 5.54,: POSTMARK OR DATE; POSTMARK OR DATE RECEIPT FROM: PATRIClAC. MOORE ESQ. RECEIPT i RECEIPT 7192 6463 3110 c~oo 5381 7192 6463 3110 0000 5374 FROM: FROM: PATRICIA C. MOORE ESQ PATRICIA C MOORE ESQ RE: CORSO/STEELE ZBA RE: CORSOISTEELE ZBA FROM: PATEICIA C MOORE ESQ RE: CORSO/S3EELE ZIBA SEND TO: TIMOTHY T & JEANNE F. STEE FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: RECEIPT 7192 6463 3110 oo(x3 5404 FROM: PATRICIA C MOORE ESQ RE: CORSOISTEELE ZBA SEND TO: TIMOTHY T & JEANNE F STEE 13795 OREGON ROAD CUTCHOGUE NY 11935 FEES: Postage 044 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: SEND TO: L.~U RA SOLINGER 13459 OREGON ROAD CUTCHOGUE NY 11935 FEES: Postage 044 Celt ~d Fee 2.~ TOTAL $ 5.54 POSTMARK ~R,e,'~TE SEND TO: SEND TO: OREGON CLIFFS LLC TENNIS MONICA 13453 LLC 62 THE WATERWAY PO BOX 1287 MANHASSET NY 11030 CUTCHOGUE NY 11935 FEES: FEES: TOTAL $ 5.54 TOTAL $ 5.54 POSTMARK OR DATE POSTMARK O~ DATE RECEIPT FROM: RECEIPT 7192 6463 3110 c~oo 5336 FROM: PATHICIA C MOORE ESQ RE: CORSO/STEELE ~ RECEIPT FROM: SEND TO: HOUSE REGINA 13451 LLC CIO LOUIS CORS0 PO BOX 1287 CUTCHOGUE NY 11935 FEES: Postage 044 TOTAL $ 5.54 POSTMARK Of~ DATE SEND TO: OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 FEES: TOTAL/,~'''~ $5.54 PO~'MARK OR DATE SEND TO: MORELL LLC OREGON LLC PO BOX 1287 CUTCHOGUE HY 11935 FEES: TOTAL $ 5.54 POSTMARK OR DATE SEND TO: THOMAS O. & KAREN M UHUN( PO BOX 1025 CUTCHOGUE NY 11935 FEES: TOTAL L ,.. ;$ 5.54 POSTMARK SEND TO: OREGON LLC PO 8OX 1287 CUTCHOGUE NY 11935 FEES: TOTAL $ 5.54 POSTMARK RECEWED OCT 1 009 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS & LUBA CORSO (Name of Applicant) SCTM Parcel #1000-83-2-10.16 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS ~ECEI'VED OCT 1 9 8OARD OF APPEAL.~ I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the day of October, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Letter and Authorization in prepaid envelope addressed to: TIMOTHY J- STEELE JEANNE F. STEEL 13795 OREGON ROAD CUTCHOGUE NY 11935 ,,"/ / BETSY PERKINS/ I Sworn to before me this day of October, 2009. ( (Notary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County - Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIVED CORSO ZBA NEIGHBOR LIST TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.16 HOUSE REGINA 13451 LLC C/O LOUIS CORSO PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-11.13 BOARD OF APPEAL~ JOSEPH SWIATOCHA 13825 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-9.2 OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.6 PETER J. FILIBERTO 4054 61sT STREET WOODSIDE NY 11377 SCTM: 1000-83-2-9.3 OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.7 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.17 TIMOTHY T. & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.18 LAURA SOLINGER 13459 OREGON ROAD CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.12 MORELL LLC OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-12.8 THOMAS J. & KAREN M. UHLINGER PO BOX 1025 CUTCHOGUE NY 11935 SCTM: 1000-83-3-7.1 OREGON CLIFFS LLC 62 THE WATERWAY MANHASSET NY 11030 SCTM: 1000-83-2-10.13 TENNIS MONICA 13453 LLC PO BOX 1287 CUTCHOGUE NY 11935 SCTM: 1000-83-2-10.14 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of LOUIS & LUBA CORSO AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-83-2-10.16 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the~/day of October, 2009, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, October 29, 2009. Sworn to before me this .._~"day of October, 2009 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOU?HOLD NY 11971 ~B. Rec~d ~/: (Please Print Clearly) 7192 6463 3110 0000 5336 t. Article Addressed To: PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 B. r~ceived By: (Please Print C/early) c Co MORELL LLC OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 State .......... ~i j~ -~.- ~ -~-i~~- J 4. Restricted Oerivery? J 3. Service Type J (extraFee) I--'lYes J CERTIFIED 2. Article Number 7192 6463 3110 0000 5343 7192 6463 3110 0000 5343 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 1. Article Addressed To: OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 4. Restricted Derivery? 3.Servl=e Type- ~ ~ (Extra Fee) [] Yes CERTIFIED 2. Article Number I 7192 6463 3110 0000 5329 7192 6463 3110 0000 5329 Article Addressed To: THOMAS J. & KAREN M. UHLINGER PO BOX 1025 CUTCHOGUE NY 11935 F PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 %, Signeture: ~[3Addressee or DAgent) ~. Rece!ve~By: (Please Print Clearly) Date of Delive PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 2'A~t~I~9N~m~E~63 3110 0000 5350 7192 6463 3110 0000 5350 t. Article Addressed To: OREGON LLC PO BOX 1287 CUTCHOGUE NY 11935 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 5367 7192 6463 3110 0000 5367 Article Addressed To: HOUSE REGINA 13451 LLC C/O LOUIS CORSO PO BOX 1287 CUTCHOGUE NY 11935 7192 6463 3110 0000 5374 1, Article Addressed To: TENNIS MONICA 13453 LLC PO BOX 1287 CUTCHOGU£ NY 11935 PATRICIA £. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: (~ddressee or [3Agent) R~ceived By: (Please Print C/early) Date of Delive~/{~)/(~/ (~) ~ PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4.(ExtraRestrictedFee) []Delivery?Yes J,. Se ,, CERTiFiEType O1 2. Article Number 7192 6463 3110 0000 5534 7192 6463 3110 0000 5534 1. Article Addressed TO: TIMOTHY J. STEELE JEANNE F. STEEL 13795 OREGON ROAD ~CUTCHOGUE NY 11935 Receive, d_ By: (Please Print Clearly) C. Date otDelivery '~/ Delivery Address (Extra Fee) [] Yes CERTIFIED J 2. Article Number 7192 6463 3110 0000 5381 7192 6463 3110 0000 5381 1. Article Addressed To: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 qddressee or [3Agent) (Please Print Clearly) Delivery Address i '~'t'~ .................................. State ZIp + 4 Cod~' OREGON CLIFFS LLC 62 THE WATERWAY MANHASSET NY 11030 4. Restricted Delivery? 31Sea/ice Type (Extra Fee) [] Yes J CERTIFIED 2. Article Number J 7192 6463 3110 0000 5404 [ 7192 6463 3110 0000 5404 1. Article Addressed To: TIMOTHY T- & JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 P-~,?S~ICIA C. MOORE ESQ. .5~i~2~ MAIN ROAD SOUTHOLD NY 11971 Signature: '~Adclre~$~e or OA~ent) Re~ived By: (Please Print Cteerly) Delivery Address 4. Restricted Delivery? 3. Service T~' I (ExtreFee) r~JYes CERTIFIED 7192 6463 3110 0000 5442 Article Addressed To: TIMOTHY T. g JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Date of Delivery 7192 6463 3110 0000 5411 t. A~lcle Addressed To: TIMOTHY T- g JEANNE F. STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 07/~119/2010 10:11 FAX 631 765 4643 MOORE LAW OFFICES PATRICIA C. MOORE Attorney at Law 51020 Main Road $outhotd~ New Yor~ 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 July 29, 2010 ~ 002 RECEIVED BOARD OF ApPEALs BY FAX TO 765-9064 Attn: Leslie Weisman, Chairman Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: CORSO # 6316 Dear Chairman Weisman & Board members: With reference to the above and pursuant to your request, please be advised that we hereby grant a thirty (30) day extension to render a decision. Very truly yours, Patricia C. Moore PCM/mr 07/~9/2010 10:11 FAX 631 765 4643 MOORE LAW OFFICES ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C. Moore. This information is intended solely for use by the individual entity aamed as the recip£ent hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. RE: DATE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET ~ IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS PO~gSIBLE. CLIENT NAME: ~ OPERATOR: ~, ~~ ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 11 t MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 February 4, 2010 ~ECEIVED Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Corso Appeal No. 6316 Re: Timothy Steele 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16 & 10.18 80ARD OF APPEAL~ 63/ Ladies and Gentlemen: Enclosed are seven sets of a Memorandum for your consideration in this matter. A copy has been personally delivered to Patricia Moore, Esq., to the Building Dept. Att: Damon Rallis, and to the Town Attorney's Office. Thank you for your consideration. Ver)9 t!;~y yours,. _ ' AlS~gail A. Wickham Cc: Patricia Moore, Esq. Damon Rallis, Southold Town Jennifer Andaloro, Esq., Ass't Town Attorney O/shdzbasteel AA W/jt Memorandum to Zoning Board of Appeals on behalf of Timothy Steele and Jeanne Steele. Appeal #6316, Louis and Luba Corso Re: Timothy and Jeanne Steele, 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16, 10.18 February 4, 2010 Procedural History Timothy Steele "Steele" applied for an as built Ag Storage structure on March 17, 2009. The Southold Town Planning Board issued a waiver of site plan on Feb. 9, 2009 and confirmed that determination on April 27, 2009. Corso's representative was present at those proceedings. The Southold Town Building Dept. issued Permit No 34590Z on April 8, 2009 for "Construction of an as built Agricultural hoop house for storage", and issued a Certificate of Occupancy No. Z-33674 for the same on April 27, 2009. On June 12, 2009, Louis and Luba Corso "Corso" filed an application to the Southold Town Zoning Board of Appeals stating that the Building Permit and Certificate of Occupancy were "issued in error in that variances to locate agricultural buildings located in an area other than the rear yard were denied in ZBA decision #5618 dated March 9, 2006 (Res Judicata)." There is no proof of filing the ZBA application with the Building Department. The ZBA heard the matter on October 29,2009 and January 21, 2010. Factual Background At the hearing the following testimony was offered: 1. The application for the building permit is for the agricultural hoop house only. All references to the metal shed, which was moved from the location disapproved by ZBA Decision #5618 (Appeal #5618), are irrelevant and should be disregarded. Corso's statement in the ZBA application, "hoop house previously described as 'agricultural storage shed' in Appeal #5618", is false - the hoop house was not part of that Appeal. 2. Steele is actively engaged in fanning on his 20 acre farm property, which includes a 4 acre parcel to which development rights are intact, containing a) a residence and accessory residential structures, namely a swimming pool and garage; and b) agricultural structures, including the hoop house in question; as well as a second hoop house and a metal shed which are not relevant to this proceeding, and c) farm crops. 3. The Building Permit was granted for an agricultural structure which the Building Dept. determined to be at least 20 feet from the side yard of the property. 4. The decision in Appeal #5618 covered the following structures: a) As built garage, accessory to the residence - Variance granted. b) 8 X 26 as built storage shed - metal shed discussed above - as built location denied and subsequently moved after consultation with Building Dept. c) Proposed Extension/addition to garage - not approved and not built d) 8 X 22 proposed storage shed on East side of property - variance denied e) Proposed 33 X 80 barn on east side - approved, not yet built. 5. The Building Dept. testified that the Building Permit and CO were properly issued under Code Section 280-13 and that Code Section 280-15, Accessory Structures, did not apply. Argument Steele maintains that the ZBA application should be denied because: 1. The application is procedurally deficient in that the application for the appeal was not properly acknowledged and was not filed with the Building Department. 2. The application was untimely, in that it was made more than 60 days after issuance of a building permit of which the applicant was aware. 3. The Building Inspector properly issued the permit and CO for this structure. 4. Appeal #5618 does not apply to the issuance of this Building Permit and is not Res Judicata. Point 1: Application is Procedurally Deficient. The application is not properly notarized as no valid date appears on the notary, nor anywhere else on the application. Therefore, the application is not complete and should not have been accepted for filing by the Zoning Board of Appeals. Further, there is no proof that a copy of the appeal was filed with the Building Department as required by Town Law Sec. 267-a (5) (b), thus divesting the ZBA of jurisdiction. Point 2. The Appeal is Untimely. NY Town Law Section 267-a (5)(b) requires that an appeal of a decision of the Building Inspector be made within 60 days of the issuance of the Building Permit. This appeal was filed on June 12, 2009, more than 60 days after the date of the Building Permit, April 8, 2009. The applicant was aware of the building permit prior to the expiration of the 60 days because applicant attempted to submit the application to the ZBA on May 26, 2009, but it was not accepted for filing until June 12, 2009. Further, the applicant has followed this matter continuously, including participation in and challenge to the Site Plan proceedings before the Planning Board. However, the application was not actually filed until June 12, 2009, more than 60 days after the issuance of the Building Permit. Further, no filing was shown as made with the Building Dept. within the required time. Point 3. The Permit and CO Were Properly Issued. Southold Town Zoning Code Section 280-13 provides, in relevant part: "In A-C ... Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arrange, intended or designed o be used, in whole or in part, for any uses except the following: (emphasis supplied) A. Permitted uses. (1) One-family detached dwellings ..... (2) The following agricultural operations and accessory uses thereto ....... (a) The raising of field and garden crops, ... the maintenance of nurseries ...... (c) Barns, storage buildings greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings...." The Code has always permitted simultaneous use of residential and farming uses on a single parcel. Any or all of the uses listed may occur, as principal, not accessory, uses. The first paragraph of 280-13 clearly states that more than one use is allowed in the district. A dwelling use and agricultural uses may both exist as principal uses on the same parcel. Structures related to the agricultural use are not accessory to the dwelling - they fall under section 280-13 A (2)(c). The hoop house falls under this section. The phrase "yard requirements for principal buildings" must obviously relate to setback - it cannot relate to "front, rear, side" yard because a principal building creates it's own front, rear and side yard. Which "yard" the hoop house is in is defined by itself, not the residence, because it is not accessory to the residence. The accessory structure section, Sec. 280-C, does not address farm buildings and is not applicable to this case, as the hoop house is not an accessory residential structure. Section 280-4 of the Code defines Accessory Building or Structure as "A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. Since agriculture, and its buildings, are principal under Sec. 280-13, the hoop house is clearly not accessory, nor is it incidental or subordinate to a principal building. This interpretation was confirmed by the testimony of Damon Rallis of the Building Department at the hearing. It is further reinforced by the Southold Town Right to Farm Law and NY Ag& Markets, which do not exempt application of Town regulations but do impose a policy which requires implementation to foster and not unduly hamper "designing and construction and using farm structures" (Town Code 280-99A) and "not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened" (NY AML 25-AA). Corso's citation of the Bulk Schedule, 280 Attachment 3:1 as "yard requirements of principal buildings" is misleading and inaccurate. Code Section 280-14 incorporates 280 Attachment 3 for setbacks. Neither section specifies that an agricultural building must be in a rear yard. Exhibit C to this Appeal is an undated photo, which Ms. Moore's memo (Pg. 2) states shows a hoop house "identified as an agricultural storage shed and that Mr. Steele was to relocate the hoop house to the easterly property line". There is no basis for this statement and them was no requirement that Mr. Steele relocate the hoop house. There was no "as built" hoop house involved in Appeal #5618. 4 Point 4. Appeal #5618 Is Not Applicable to this Structure and is Not Res Judicata. In Appeal #5618, the storage containers were described as accessory. As accessory structures, a variance would have been required for them to be located in other than the rear yard. However, the hoop house in the current appeal is not accessory to the residence, it is an agricultural building. The hoop house was not the subject of Appeal #5618 and that decision is therefore not relevant to this case. Applicant attempts to describe a metal container as somehow related to the hoop house in question. They are not related in any way. That the barn was referred to in Appeal #5618 as "accessory" was an error, but not a substantive one. The barn would clearly be an agricultural building, not accessory to the residence. The gist of the relief requested for this structure was the reduced set back for the yard it was in, not a variance to put it in a different yard than would be allowed for an accessory structure. The denial of the proposed extension to the garage in Appeal #5618 is also irrelevant to this case. The hoop house is a non-permanent ag structure. The proposed extension was for a permanent addition to an accessory residential structure. Thus, Appeal #5618 is not "res judicata" as to any issue in this case. Appeal #5618 dealt with accessory structures, except for the barn as noted above, and this case does not. Appeal #5618 dealt with accessory structures placed or to be placed in yards other than those permitted for accessory structures. This does not apply to this structure. The applicant's presentation, written and at the heating, made references to buildings which were confusing, misleading and inaccurate. Applicant's reference to "agricultural storage shed" in the prior decision is actually the metal container which was located behind the garage and 5 feet from the boundary line. The ZBA determined that it could not remain in that location. It did not determine that it, or any other structure, could not be located next to the garage. The ZBA does not have jurisdiction to make that determination with respect to an agricultural building which is the requisite distance from the boundary line because the Building Inspector could have properly issued a permit for it, and did in the instant case. The issues raised by Steele in defense of the violations issued by the Town with respect to this structure, as to whether a permit was even required under the Town Code due to the nature of the construction, have not been adjudicated. This is a temporary, de minimus structure which has no footings, no concrete, no nails, and was allowed to be constructed without a building permit after consultation with the Building Dept. It is well screened from all neighboring properties. The Town took the position that subsequent reinforcements of the building required a permit and issued violations. Steele elected to apply for the permit rather than proceed to an expensive trial in a criminal case and adjudicate the merits. He did so without an admission that a permit was required. For the reasons stated above, Steele respectfully requests that this appeal be denied. Abigail A. Wickham Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, Mattituck, NY 11952 631-298-8353 ZBAJSteeleMemoHoopA PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 12, 2010 Attn: Leslie Weisman, Chairman Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED RECEIVED BOARD OF APPEALS RE: Corso et al appeal 6316 Dear Chairperson and Board members: With reference to the above, enclosed please find seven sets of an attorneys affirmation in response to Ms. Wickham's memorandum dated February 4, 2010. Thank you and please do not hesitate to call should you have any questions. PCM/bp encls. C: Southold Town Building Department Town Attorneys Office of Town of Southold Abigail A. Wickham Esq. Louis Corso, Luba Corso, et al BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August30,2010 Patricia Moore, Atty. 51020 Main Rd. Southold, NY 11971 Re: ZBA Appeal #6316, Corso Dear Ms. Moore: Enclosed is a copy of the Board's August 26, 2010 determination filed today with the Town Clerk regarding your application. Vicki Toth Encl. Copy of Decision to: Town Clerk (original) Building Department NOTICE COUNTY OF lox Service ~ '~ SOUTflOLO ~--~' ' 083 ~c,,~ I000