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6557
BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider 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 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765~1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2012 RECEIVED . JO'L 27 201 ZBA FILE: #6557 NAME OF APPLICANT: Breezy Shores Community, Inc. (Hernan Otano, Cottage #5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM # 1000-53-5-12.6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application 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 November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community lnc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Heman Otano. BASIS OF APPLICATION: Request for Use Variance under section {}280-13 (A) (1) which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code {}280-123 and the Building Inspector's December 12, 2011 Notice of Disapproval, updated March 6, 2012 based on an application tbr building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use RELIEF REQUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage. The total 807 square feet includes the habitable space and non-habitable porch, but not Page 2 of 6- July 19~2012 ZBA File#6557 - Otano the stairs and landing. The need for a use variance is caused by the request to establish an additional use (non- conforming cottage) on a subject property that already has a principal use (dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision//6525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status, the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under {}280-122. After receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a nonconforming building with a nonconforming use; whether {}280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1, 2011, January 5, 2012, March 1, 2012 and June 7, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8,2011 and updated on March 6, 2012, the proposed action included the demolition and construction ora cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure. The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: A floor plan with its original application dated 11/10/2011 indicating "rebuilt existing walls" and "new walls" A memorandum, received on December 28, 2011 that included a listing of items that remained in the structure and items that were re-built A letter from an Architect, Robert I. Brown dated December 13,2011 stating that "less than 50% of the structure had been demolished" At the public hearing on March 1, 2012, the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1, 2012 Transcript, pg. 6 lines 15-25). Additionally, the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10, 2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation, nor did he provide such calculations at or after the public hearing as requested. As such, the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand, and based upon the physical inspection of the structure the Board notes the following items: 1. A new foundation was installed; 2. New plywood siding was installed; Page 3 of 6- July 19,2012 ZBA File#6557 - Otano CTM: 1000-53-5-12.6 3. New joists were installed; 4. New strapping was installed; 5. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Every window was replaced; 9. Entire porch was replaced; 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced. As stated by the Chief Building Inspector at the March 1, 2012 hearing (transcript p. 24, line 25, p. 25 line 1) "[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece, and replaced with an entirely new structure. As such, this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. Il. Nonconforming Status of the Structure and Interpretation of §280-122 A. Nonconforming Status of the Structure As set forth above, the December 12, 2011 Notice of Disapproval (updated March 6, 20 l 2) identified this structure as a nonconforming building containing a nonconforming use. Pursuant to §280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use At the January 5, 20 l 2 pubic hearing, when asked to explain the language of the Notice of Disapproval, the Building Department Permits Examiner, Patricia Conklin, testified: "1 looked at the paperwork. Saw pictures from the Trustees and determined with the site review, determined that it was a nonconforming building. No. 1 because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category of a nonconforming building. The second part of that nonconforming use is, it's the second structure as a principal building which is on that property. (January 5, 2012 transcript, p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures, they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition, this is a nonconforming building because it's less than 850 square feet, as defined in the Southold [Town Code]." (January 5, 2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under §280-122. More specifically, the applicant cited Matter of Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84 (2"d Dept. 2004) as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under §280-121 which governs nonconforming uses. The Court concluded Page 4 of 6- July 19~ 2012 ZBA File#6557 - Otano that the cottage was accessory to the principal dwelling and therefore a nonconforming building with a conforming use. As such, the abandonment provisions of the Town code were not applicable and area variances should have been granted. The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson. Here, the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. While the Court considered the cottage an established accessory use to a principal dwelling, having 28 cottages as an accessory to a residential use is simply not supported by Dawson. Pursuant to §280-13(A)(1) each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this "cottage" does not meet the definition of a dwelling under §280-4, that "cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling. As such, this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of {}280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required, the ZBA will issue a determination on whether {}280-122 permits an applicant to demolish and reconstruct a structure, in place and in kind, without the need for further variances, as argued by the applicant. Section 280-122 (A) states: Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Throughout this proceeding, the applicant has argued that, pursuant to §280-122(A), he was permitted to demolish and reconstruct this structure in place and in kind, in its entirety, without the need for any additional variances. At the public hearing, the ZBA and Building Department provided the applicant with a copy of a memorandum of the ZBA to the Building Department from 2002. (March 1, 2012 Transcript, pp 16-21). This memorandum set foah types of"reconstruction" that would not trigger the need for additional variances. Such activities include, but are not limited to: replacement of windows, raising ceiling height without increasing the degree of nonconformity; repair or replacement, in place and in kind, of siding or roofing; or replacement or repair of existing decks, porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing in this memo, it is clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such, the term "reconstruction" as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. II. Use Variance Application: 1. Town Law §267-b(2)(b)(l). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind, the applicant's ownership interest has no value and is rendered useless. The applicant Page5of6 July 19,2012 ZBA File#6557 - Otano submitted an affidavit regarding the value of the shares in the cooperative, as well as information about comparable sales in the area of the property, as well as information regarding the maintenance and carrying charges on the property. In light of these circumstances, the Board finds that the applicant cannot realize a reasonable return on his property interest. 2. Town Law $267-b(2i(b~(2}. The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size. The grant of a use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law §267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views. Additionally, the location of the reconstructed structure is appropriate within the context of this neighborhood, as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law §267-b(2)(b)(4) The alleged hardship has not been self-created. The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house, the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law §267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the use variance as applied for, subject to the following conditions: CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. /lay deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action, Page 6 of 6- July 19,2012 ZBA File#6557 - Otano CTM: 1000-53-5-12.6 The Board reserves the right to substitute a similar design that is de minimis in nature for an aReration that does not increase the degree of nonconformity. f'ote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning. Nay: Member Dinizio. This Resolution was duly adopted (4-1). Leslie Kanes Weisman Chairperson Approved for filing ~/.~ ~/L/2012 / / S ~L~ ~L'~Nz~ SoUNz~ f 51TI~ 9ATA LO% TOTAL P~=NIN~ULA : I.S&~,l ACW.~5 = 11.541~ AC~IRt55 Q MAR 0 7 20i2 BOARD OF APPEALS 5U~'WK'r'OW.'5 C, tSW. TIFIOATION I TOPO,~APHIC, AL $Ut~.~/~E"P I Ooun~ Tox ~lop o,~t~,:t IOOO se=~.o. 5D ~,o~ 05 Lot 12.6 W. ocorcl o~ W.¢visions $colo: I" : IOO' f // / / x / /~ / £ \ x~ \ \ \ \ \ OP \ \ \ \ \O/2ql\O ~LO SOUND r TOTAL A~.EA P~NIN~ULA ~l-r~ DATA © LE¢I~NP BOARD OF APPEALS 5U~V~fO~'¢ O=RTIFICATION TOPO®RAPHICAL SURVEY t~corcl of ~avi~ions $co1~: I" = 40' RECEIVED.,,. FORM NO. 3 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: 12/08/I 1 Updated March 6, 2012 To: Patricia Moore Esq. for Hernan Otano at Breezy Shores Comm. Inc. 51020 Main Rd. Southold, NY 11971 Please take notice that your application dated 03/06/12 For demolition & construction of a cottage at Location of property- #5 Breezy Shores Comm. Inc., Sage Blvd., Opt., NY County Tax Map No. 1000 - Section 53 Block 5 Lot _12.6 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-con~rmjl~g lot, is not permitted pursuant to Article XXIII Section 280-123 which states~ "A nonconforming building containing a nonconf~rm.m..g use shall not be enlarged, reconstructed or structurally altered or moved, except as set ~rth below~ unless the use of such buildin~ is chanaed to a conforming use." The existing seasonal cottage is nonconformin~ buildin~ with a nonconformine use. In gdditign, the proposed dwelling is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots t~t~gn which a bulkhead .... aud whic_h are adjacent to tidal water bodies other th~n sounds shall be set back not less than 75 fee!_ from the bulkhead." The survey indicates the proposed dwelling.~Lb..ack_a~ILrgx._5.0_'..~om the bulkhead. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HERNAN MICHAEL OTANO #5 Sage Boulevard, Greenport, New York SCTM: 1000-53-5-12.6 USE VARIANCE March 1, 2012 submitted by: Patricia C. Moore Esq. Fee: $ ] ~ Filed By: Assignment No. BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No.~" Street ~.~,'9~?C' ~/.x/Z> . Hamlet SCTM1000Section~'~ Block ~ Lot(s) /2~ LotSize I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~/~ ./,/.~. BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Mailing Address:~/~ ~/~ T~One:~ ~ NOTE: In addition to the above~ please complete below if application is signed by applicanCs aRorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: ~c~c~ ~ ~/~ for~ Owner ( )Other: Address: ~O~O Telephone: Please check to specify who you w~h correspondence to be mailed to, from the above names: (, ~pplican~Owner(s), (~AuthorizedRepresentative, ()OtherName/Addressbelow: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED /'~/~/~O/O and DENIED AN APPLICATION DATED /~-/~/ // FOR: ~ Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zonlng Ordinance by numbers. Do not quote the code.) Type of Appeal. An Appeal is made for: ( ) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, AFticle Section (x/~Reversal or Other ~_~ ~ro.~tCc~~ A prior appeal (~ has, ( ) has not been made at any time with respect to this property, UNDER AppearNo(s). ~q"~5" Year(s). o2~/,,l,~ ' _. (Please be sure to research before completing this question or call ottr office for assistance) Part B: REASONS FOR USE VARIANCE (if requested): For each and every permitted use under the Zoning Regulations for the Particular District where the project is located (please consult your attorney before completing): With the consent of the Breezy Shores Community Inc. this use variance application is made to reconstruct unit #5. 1. Application cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: Mr. Otano owns one share out of 31 shares which comprise the Breezy Shores Community Inc., the other 30 shares are owned by separate individuals (shareholders) with their identified units. Breezy Shores Community Inc. is a group of 31 detached residential units in which one owner (the Corporation) holds title to all premises and grants rights of occupancy to particular units by means of proprietary leases. The community is operated by a managing board. The individual unit occupants and individual corporate shareholders, acting separately, can not bind the Breezy Shores Community or make alterations to the units without their approval. Mr. Otano has a lease (or occupancy agreement) which entitles him to occupy exclusively unit #5. The applicant has no authority to occupy any other unit and his occupancy is limited to the four walls of unit #5. A use variance may be granted upon a showing of unnecessary hardship. To establish unnecessary hardship the applicant must demonstrate, inter alia, for each and every use permitted under the zoning regulations, that the property cannot yield a reasonable return. Such a showing must be based on competent financial evidence "in dollars and cents form" (DREIKAUSEN, et al., v. ZONING BOARD OF APPEALS OF THE CITY OF LONG BEACH, et a1.,287 A.D.2d 453731 N.Y.S.2d 54 citing Matter of Village Bd. of Vil. ofFayetteville v. Jarrold, 53 N.Y.2d 254, 257, 440 N.Y.S.2d 908,423 N.E.2d 385; Matter of Park Hill Residents' Assn. v. Cianciulli, 234 A.D.2d 464, 651 N.Y.S.2d 159). As one shareholder of the 31 shares, Mr. Otano is not permitted to construct any listed "permitted use" since his ownership interest is limited to the lease of unit #5. His unit is one of 31 cottages comprising of the Breezy Shores Cooperative development. The standards of proof needed to argue a "yield of reasonable return" involves financial analysis: Mr. Otano's financial investment is as follows~: BOARD OF APPEALS ~ Often cited criteria to argue a yield of reasonable return in Crossroads Recreation, Inc. v. Broz, 4 N.Y.2d 39, 172 N.Y.S. 2d 129 (1958)] The amount paid for the cooperative share, specifically unit #5: Mr. Otano paid $118,000 in 2002 for his unit. The present value of his unit: A comparable sale- Unit #C-7, located just east of the Otano unit sold in the last 3 years for $385,000. The expenses and carrying charges in connection with the maintenance of his property: Mr. Otano has paid $3,600/yr with an increase of $600 in the last year. Therefore, for the last 10 years, his share of taxes amd maintenance fees totaled $36,600. The taxes and maintenance fees are collected together. Due to the nature of the ownership, owners must pay cash and can not obtain a mortgage. Mr. Otano will lose his use of the property, occupancy of the unit and financial investment. 5. The loss of the unit will deprive Mr. Otano of the future seasonal rental of his unit. In addition to the past investment and future value of the unit, the replacement of the foundation and repairs to the cottage prior to issuance of the stop work order will also result in a loss of $40,000 for the labor, materials, and professional fees incurred to date. Unnecessary financial hardship will be incurred by Mr. Otano if denied the right to rebuild the cottage, in kind and in place. As to Mr. Otano's stock in Breezy Shores Community Inc., it will have no (zero) value and will be a complete confiscation of the value of the stock and his occupancy which is a property right. The use of the community amenities is tied to the occupancy of the unit. This use variance application is limited to Mr. Otano's case. The Breezy Shores Community may have their own financial hardship which will not be addressed in this application. 2. The alleged hardship relating to the property is unique because: The property is co- operative owned with multiple units. The cottages have been in existence since the early 1900% when they were built as worker housing for the Sage family brick factory. The units were thereafter rented, however, the property has remained since the 1900's under one title. The co- operative is comprised of 31 stock shareholders with their designated unit. No change to the property is permitted without the consent of the 31 shareholders. The individual shareholders have an obligation to the corporation to pay their share of expenses and maintain and repair their individual unit. The individual shareholder has no ability to act independently. 3. The alleged hardship does not apply to a substantial portion of the district or RECEIVED neighborhood because: The property is zoned R-80, two acre zoning, which permits single -~ ~5~9~ family dwellings on two acre parcels. Breezy Shores Community Inc. is a pre-existing : i) 7 nonconforming planned community. BOARD OF APPEALS 4. The request will not alter the essential character of the neighborhood because: The property has been developed with the cottages since the 1900's. The cottages are placed in a uniform configuration with strict community architectural controls. The 82 acres are isolated on Shelter Island Sound and visible only from the water. 5. The alleged hardship has not been self-created because: The applicant purchased a unit in a pre-existing community. He is contractually obligated under the terms of the community by laws to maintain the structure and make the necessary repairs, as well as reconstruct the structure, as required. The Breezy Shores Community Board demanded that the owner replace the foundation. The building department and other agencies approved the new foundation. The additional repairs to the existing structure, made in kind and in place, exceeded the scope of the original building permit. The applicant should have amended the original building permit to include the structural repairs to the structure. The structure itself remains in the same location, with the same dimensions, and the same preexisting use. 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. Grant of Mr. Otano's use variance will not change the essential use of the property. The Breezy Shores Community is culturally important to the history of Southold. The cottages remain and are evidence of the brick yard and living conditions of the early industry of Southold Town. In order to preserve the past, the owners must be permitted to rebuild. The construction materials required today protect the health, safety and welfare of the community. 7. The spirit of the ordinance will be observed, pubic safety and welfare will be secured and substantial justice will be done because: Over the years the Town has rejected efforts to redevelop the property with modern condominiums or waterfront subdivisions with impressive homes. The only alternative to maintaining the existing Breezy Shores Community is a standard subdivision of 31 homes on 82 acres. This community will remain if the cottages are permitted to be rebuilt. In conclusion, a "Use Variance" for unit #5 should be granted. Furthermore, when a use variance is granted, as a matter of law, unit #5 becomes conforming. It is well established law that a building which does not conform to the use restrictions of the area in which it is located, but which was constructed pursuant to a use variance, may be altered without regard to limitations on the alteration of nonconforming buildings (1 Anderson New York Zoning Law and Practice § 6.37, at 233, n 2 [2d ed]" (Matter of James v. Town of New Hartford, 49 A.D.2d 247, 250, 373 N.Y.S.2d 938). ( ) check this box and complete PART A, questions on previous page to apply AREA VARIANCE STANDARDS (please consult your attorney) OTHERWISE, please proceed to signature and notary area below. Sworn to before me this l~t?y of March, 2012. l'atricia C. Moore, agent for ~ernan Michael Otano BETSY A. PERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Cou _n~y Commission Expires July RECEIVED BOARD OF APPEALS Breezy Shores Community 2010 Transfers Apt. # Date 23 4-14-10 11 7-29-10 10 8-2-10 Shares Purchase Price 1 $350,000.00 1 $325,000.00 1 $325,000.00 Transfer Jurgensen Trust to Welp & O'Neill Stephen & Charlotte Wagner to Naomi Mullman Stephen & Charlotte Wagner to Michael & Mary Beth Petsky Applicant: ~ ?& k3 ~9.-o APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: RECEIVED liZARD OF APPEALS I. For Demolition of Existing Building Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: ~ Height (from finished ground to top ofridge): ~:-,t I ~-~q Is basement or lowest floor area being constructed? If yes, plgase provide height (above ground) measured from natural existing grade to first floor: ~'~ III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: c,~ C~ -I ~ Proposed increase of building coverage: ~ Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): .. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? __Yes )~ No Are, t~re any prono~ls to change or alter land contours? .~'~x ?,. No Yes, please explain on attached sheet. RECEIVED BOARD OF APPEALS 1 .) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of t e Town trustees for tts determtnat~on ofjunsd~ct~on~ Please confirm status ofyourinquiryor applicationwiththeTrustees: ff~ r rr~ i 3~ ~., (, and if issued~ please attach copies of permit with [onditions 0nd ppproved Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ G ' Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~ '~ Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have[ ..-any construction taking place at this time concerning your premises?~If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: ,~6~dah~ ~jsqoj~.. Please attach all pre-certificates of occupancy and certificates of occupanc~ for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? ~ '~ If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this ~arcel ~'~-c~ e e - ,.~, ~i~*~ ~.~ '~,,r',, ~ ('~ % Lc5 e~% c ~ and the proposed use ~(;,.(-,Fx ~ ~ '~ ~c~ ~ ~'xLt L:~ C~ V~ ~r~ ~ L (~ ~CC~_ . . (ex: existing single family, proposed: same with garage, pool or other) Aiilh-o-~ed signature and Date PROJECT ID NUMBER PARTI-PROJECTINFORMATION / 617.20 ~ ~EQR APPENDIX C STATE E~IRONMENTAL QUALI~ REVIEW SHORT ENVIRONMENTAL ASSESSMENT F~RD OF APPEAL5 for UNLISTED ACTIONS On~ ( To be completed by Appli~nt or Project S~nsor) 1 .(~PPLICANT / SPONSOR ~iJ,,%-x,- rex c ~ ~ ~ lm ,'~?,_~ - 3,PROJECT LOCATION: 2. PROJECT NAME 4. PRECISE LOCATION: Street Addess and Ro~d Intersections. Prominent landmarks etc -or provide mac 5.,s PROROSEO ACT,ON: [] N'"." 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: ~'~.:~-'~' Initially ~'f ¢'r acres UIUmately 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) [~Resl~en,al ~]lndustfial r~commemia, n-~Agriculture [~Park/Forest/OpenSpace [~ Other (desc~be) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stale Or Local) ~Yo, r~No If yes, list agency name art* permit / approval: .~-z~-'~-;~.'~ - ~ CJ~o.//tq4 ,~'{.~vv~c~ ii. ~ES A~ ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPBOVAL~ ~Yes ~No If yes, list agency name and ~it / approval: ~~ ?~r~ [ I~]~eSsA ~]B~oLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I cERTIFY TH.AT THE INFORMATION ~P~ROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponso[~NCm~ Date: "~-- If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAF. B, WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED AC3'IONS IN 5 NYCRR, PART 617.6? If No. a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, no~e levels, existing traffic gettem, solid waste preduction or disposal, potential ~or erosion, drainage o~ ~kx~ding problems? Explain brfagy: I C2. A;;~etJ~, ~grlcult~l, arc~aeo~Oglcall hl~t~l~;, ;r other ~atural ~ c ul~'~al ~rces: o~ ~oh;nul311y or noighboi~o~l ch;~ac~er? ~-xplaln briefly: t egetae0~ or fauna fish she fish or wlldllts species slgn~manl habitats, ~ threateped or er~daeges~d species? Explain bdefly i ' C4. A'~nun~iy's exis~i'~g praa~ 'or gears as o~fic!ally adopted, o~'e'~l~ange in use or Inlensity o* use ~);~ lend or olher n~t~ral resourceS? Exp-lai~ b~.fl~ / cs. "~'-, ......... ~ ....i ......'~ ........ ;'"; : Growth subsequent pevelopmenl or related acllvi~e$ likely to be induced by the propoedd action? Explain briefly Loeg term. sho~ term, c, umulat~ve, or other effects not Idengfled in Cl.C57 Explain brfafly: C7. Othertmpects(lesludin chan slnuseofetther uanti er" ~fene .... ~ lalnbriefl'/ ' D. W~LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASL SHMENT OF A CRITICAL, ENVIRONMENTAL AREA ICEA~? {if )'es, explain bdefl¥: [~] Yes [~No E, IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTenTiAL ADVERSE ENVIRO~ NMENTAL IMPACTS? if yes ex lain' .... "-'-:.i' ,,.. PART III. D~/I=I~MINATION OF SIGNIFICANCE (To be completed by Agency} INSTRUCTIONS: For eac~ adverse effect identified above, determine whether it Is substantial, large, Important er othenvise sight,cant. Each effect should be assessed m connection with its (a) setting (i.e. urban ~r rural); (b) probability of occurriP, g; (c) duralion; (d) irreversib~ity: (e) geographic scope; and (f) magnitude If necessary, add attachments or rm'erence supportiog malerials. Ensure t~]al explanatiorm contain sufficient detail to show that all relevant adverse Impacts have been ~enti~ed ariel aclequately addressed. It~question d of pall ii was checked yes, the determ nation of significance must evaluate the potentialimpact of the proPosed action on the environmental characteristics oflhe CEA. Checkthisboxifyou nevaldentifledoneormore ~oten~lallylergeorslgnificantadverselmpactswhlchMAYoccur TheneroCeeddirecflytotheFUL{ EAF and/or pmpata e positive decJacatio~ Check this box If you have determined, based on the information and analysis alcove and any supporting documenteUon. Ihsl the proposed actior WILL NOT result ~n any slgn~cant adverse environmental impacte AND provide, On attachments as necessary, the reasons suppe~tiflg ~hi~ determination. Name ct Lead Agency Date Title of Responsible Officer Print or Type Name ef Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (It different from ~esponsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: The form 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 500 feet of a farm operaiion 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. 6) Location of Property (road and tax map number): [ oc-z:~ - ,'>-._~, .... %--- t 7-- ~ 7) Is the parcel within an agricultural district? ~No []Yes If yes, Agricultural District Number 8) Is tl~is parcel actively farmed? ~o []Yes 9) Name and address of any owner(s)'of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information 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 parcel numbet:s on the Town of Southold Real Property Tax System. Name and Address 1. (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 .765-1938'ogth-6'Z~ing~.~....D ~~_ Board of Appeals at 765-1809 "~ Signature of Applicant --Date I. The local board will solicit comments from the owners of land identifie~ above in order to consider the effect of the proposed actir~ on their farm operation. So citat on will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as parl of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall ue sent ay 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 m such time means the application is not complete and cannot be a~ted upon by the board. 1-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS 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 nme, middle initial, units you are applying in ~e nme of someone else or other entity, such ~ a ~mp~y. lfso, indi~te ~e other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change &Zone Approval of plat Exemption from plat or official map Other (If"Other', name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company~ spouse, sibling, parent, or child) have a relationship with any officer or employee &the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO .'"~ If you answered "YES", complete the balance of h s form and date and sign where intimated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ___B) the legal or beneficial owner &any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED_ ~/1 , BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion HazardArea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 5 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and e~gent of action: Location of action: '~E~ ~ Site acreage: ~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~)h'X~,~ ¢ ~ A (; ~2L t',~.W'~_~_ (b) Mailing address: ~.~ \~) (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No~ lfyes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, ' preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes [] No ~(Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No'~(Not Applicable - please explain) Enhance visual quality and protect scenic resources throughout the Town of Southold. See Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No [~ (Not Applicable - please explain) Attach additional sheets ifnecessaW Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No,~ (Not Applicable - please explain) Attach additional sheets if necessa~ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [~ No~(Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Ye~ Noah(Not Applicable - please explain) Attach additional sheets if necessa~ WORKING COAST POLICIES Policy 10. ProteCt Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~(Not Applicable- please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [] No ~Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evalu~on criteria. [~ Yes [] No[~t~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes [] No ~ Not Applicable - please explain S ) Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASS,ESB~IE~qE~O~I~EA PROPERTY LOCATION: S.C.TJ~. #: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A ~ ~:~/ ~ ~:~. ~ STORM-WATER~ GRADING, DRAINAGE AND EROSION CONTROl. PLAN msbictBlock Lot Ct:~ ~ Irl=U BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. sCOPE OFWORK - PROPOSED CONSTRUuYlON IT~,I # / WORKASSESSMENT ] Yes No a. What Is the Total Area of the Project Parcels? (Include Total Area of all Pamels located withln I Will this Project Retain AIl Storm-Watar Run-Off the Scope of Work for Proposed Construction) Generated bY a Tw° (2") Inch Rainfall °n Sita? ~ r~ b. What Is tho Total Ama of Land Clearlng (S.F. I Acme) (This itam will Include ati mn-off c~eated by site , cleadng and/or construction activities as well as all and/or Ground Disturbance for the proposed Site Improvements and the permanent creation of construction activity? impervious surfaces.) (s.F.,^~) 2 Does the Site Plan and/or Survey Show,NI Proposed PROVIDE BRIEF PROJECT DES~ON (provldeA~lditkmelP~l. aaNe~ DrethageStructureslndlcatingSize&Looeflon?Thls ,-) Item shall include all Proposed Grade Changes arid F'~L~ ~/-~:( ' ~*~.~t ~)kJ~ -Je,A c- Slopes Controlling Surface Water FIow. 3 Does the Site Plan and/or Survey descdbe the erosion , , . ? ~ ¥~ ~, ~ and sediment con~'ol practices that will be. used to U :3 ~. '--~ control site erosion and storm water discha~es. This 1~-~. Fi. ~ .CT17~5, i~'~_ i !~21~,'~,~'~ ~L~ Item must be maintained throughout file Entire Construction Pedod. 4 Will this Project Require any Land Filling. Grading or Excavation whore there Is a change to the Natural ~ Existing Grade Involving more than 200 Cubic Yards~l '~'"-- of Matafial within any Parcel? 5 Will thls Application Requira Land Disturbing Activlties r~.~.~-I ~ Encompesslng an Area in Excess of Five Thousand (5.000 S.F.) Square Feet of Ground Surface? 6 Is there a Nataral Water Course Running through the Site? Is this Project within the Trostaes jurisdiction General DEC sWPPP Requirements: or within One Hundred (100') feet of a Wetland or Submission of a SWPPP is required for all Constmcttun activities involving soil Beach? disturbances of one (t) or mo~e acres; including disturbances of less than o~e acre that 7 Will there be.Site preparation on Existing Grade Slopes ~ are pa~t of a Inrger common plan that wi~ ultimately dieturb one or more acme of lend; which Exoeed Fifteen (15) feet of Vertical Rise to ~ Including Co~lSthJ~lion actlviite$ involving salt dieturbances of less tuan one (1) acm where One Hundred (100') of Horizontal Distance? I~l the DEC bes detem~ned that a SPDES permit ie required for strum water discharges. . SWPPP'~ Shall meet the Minimum Requirements of the SPDES General Permit 8 Will Driveways. Parking Areas or other Impervious r~l Ior 8term Water Dlscharge~ from Construction activity - Permlt No. GP-0.t0AI01 .) Surfaces be Sloped to Direct Storm-Watar Run-Off 1. The SWPPP sba# be prepared pflor to the submittal of the NOI. The NOT shall be Into and/or in the direction of a Town dght~f-way? subm}tted to the Department p~or to the commencement of constmclion activity. 2. The SWPPP shall describe the emsin~ and sediment contro~ practices and where 9Will this Project Require the Placement of Material, required, post-construction stoma water management practices that ~ be used and/or Removal of Vegetation and/or the Construction of any r~ ~onstm~ted fo reduce Ibe pelts/ants In storm watsr diecharges and fo assure Item Within the Town Right-of~Way or Road ShoulderL~U STATE OF NEW YORK, coum ss That I, ~ .~. : .C.. / ~_ ~ - . . . .3. ................... ~ ......... being duly swam, deposes and says that he/she ~s the apphcant for Perrmt, Andthathe/sheisthe ..:r.: (.:~. , ~ ..~_. ....... ) ........ (~;-:13~¢3~;;- ~'ifi ~i '&',i~i; ~,~;: ;¢2 ............................................ Owner and/or representative of the Owner or Owners, and is duly authorized to perform or have performed the said work and to make and tile this application; that all statements contained in this application are hue to the best of his knowledge and belie~, and that the work will be performed in ~he manner set forth in the application £ded herewith. Sworn to before me this; ........ 1....~i ............./"~-,~/: ~._, day , of .~. ~.g-.% :! ..i:xS'?.- ",. . ...................... 20/,~D~- ' lic: ............................................................ .S FORM - 06/10 No O1PE 6139636 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVE BOARD OF APPEALS March'7, 2012 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road Southold NY 11971 hand delivered ~: OTANO, ~5, SAGE BOULEVAP. D, G~EENPORT, SCTM: 1000-53-5-12.6 Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated _i~/~/ 2. Application for Use Variance 3. Project Description 4. Questionnaire 5. AG Data form 6. Short EAF form 7. Owner's consent 8. Transactional Disclosure for all 9. LWRP form 10. Photos 11. Survey 12. Building plans 13. Town property Cards 14. My clients check representing the filing fee of $1,000.00 Please place this matter on your next available calendar. Thank you and please do not hesitate to call should you have any questions. Very truly yours, ~C .~oore encls. C: Mr. Hernan Otano (w/out enclosures) 03/01/2012 09:56 OCOHEN & WARREN, RC. ATTORN£y$ A-r LAW February29,.2012 f0235 P.O02 /003 VIA FEDERAL EXPRESS Town of Southold Zo:fing Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971-09594 Re: Otano - Application No. 6525 5 Sage Blvd., Greenport, New York ("Cottaee 5") ~ECEIVED 3OARD OF APPEALS Dear Members of the Board: As you are aware,, we are thc attomeys for the Board of Directors of Breezy Shores: Community, Inc. (the "Board"), the cooperative corporation which is the fee owner of Cottage 5 and the property on which it is situated. Mr. Otano is a shareholder of thc cooperative corporation and thc tenant of Cottage 5 pursuant to the terms ora Proprietary [,ease. It is our understanding that the rctsrenced application is scheduled for a hearing on March 1,2012: at which hearing, the ZBA may · consider Mr. Otano's request fora use variance for Cottage 5. While it is the Board's Position that under the Town Code, Breezy Shores is a permitted use .and that any application regarding the use of Cottage 5 and llae Breezy Shores COmmunity as a whole :s one that belongs to the Board as the fee owner of Cottage 5 and the community, given the current' condition of Mr. Otano's cottage and. the exigent eircumstmmes mused thereby, the Board COnsents to any application by Mr. Otano for, and the ZBA's consideration of, a use variance with respect to Cottage 5. This COnsent is in no waya concession on the part of the Board that Breezy Shores or CoUage 5 is a non-conforming Use and the Board reserves any and all rights to make any future application to the ZBA for consideration of the entire Breezy Shores property as a permitted use and/or to make application for a use variance lbr the entire Br~zy Shores property. We ask that the ZBA acknowledge the Board's consent to Mr. Otano's application, as well as its reservation of rights, by signing the enclosed copy of this letter where indicated and returning it ;o me in the self addressed stamped envelope. The original may be kept as part of the Town's records. 03/01/2012 09:57 #0235 P.O03 /003 COHEN & WARREN, P. C. Town of Southold Zoning Board of Appeals February 29, 2012 -Page 2- Given the Board's position regarding this matter, the Board will not be in attendance at the hearing scheduled for March I, 2012. If the ZBA requires any additional information from the Board to process Mr. Otano's application, please contact the undersigned. Thank you for your attention and courtesies in this matter. Very truly yours, ~ A ACKNOWLEDGED, ACCEPTED AND AGREED TO: TOWN OF SOUTHOLD ZONING BOARD OF APPEALS By: Name: Title: Patrioia C. Moore, Esq. (via electronic mail) Jennifer Andaloro, Esq. (via eleetrordc mail) Breezy Shores Community, Inc. Heman Otano 516 E. 11 th Street, #5A New York NY 10009 October 18, 2011 RECEIVED Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 8OARD OF APPEALS Dear Ms. Moore: I hereby authorize you to represent me in Southold Town Justice Court and to make any and all applications/inquiries to the Town of Southold Board of Trustees, Zoning Board of Appeals and any other necessary agencies on my behalf regarding property located at Sage Boulevard, Breezy Shores #5, Greenport, New York (sctm: 1000-53-5-12.6) Very truly yours, Heman Otano FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35929 Z Date OCTOBER 7, 2010 Permission is hereby granted to: for : BREEZY SHORES COMMUNITY PO BOX 546 GREENPORT,NY 11944 CONSTRUCTION OF FOUNDATION TO FLOOD REQUIREMENTS AS APPLIED FOR FLD PMT INCL. at premises located at 65490 County Tax Map No. 473889 Section 053 pursuant to application dated OCTOBER Building Inspector to expire on APRIL MAIN RD GREENPORT Block 0005 Lot No. 012.006 1, 2010 and approved by the 7, 2012. Fee $ 300.00 / - AuthoriZed Signature ORIGINAL Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35929 Z Date OCTOBER 7, 2010 Permission is hereby granted to: BREEZY SHORES COMMUNITY PO BOX 546 GREENPORT,NY 11944 for : CONSTRUCTION OF FOUNDATION TO FLOOD REQUIREMENTS AS APPLIED FOR FLD PMT INCL. at premises located at 65490 County Tax Map No. 473889 Section 053 pursuant to application dated OCTOBER Building Inspector to expire on APRIL MAIN RD GREENPORT Block 0005 Lot No. 012.006 1, 2010 and approved by the 7, 2012. Fee $ 300.00 / - AuthoriZed Signature ORIGINAL Rev. 5/8/02 #5 SAGE BLVD~ ~ GREE~PORT Wf 11944 SAGE BLVD~ GRMEMP@RT ~'i~Y' 11944 BOARD OF APPEALS E A,_~ T ELEVATION BOARD OF APPEALS &ECTION RECEIVED ~7 BOARD OF APPEALS 5/4"X4~ AZEK CORNER BOARD ~ Floor 8' NEW 30YR. ASPHALT / FIBERGLASS ROOF SHINGLE5 (TYPICAL). 5/4"×4" AZEIK~ DOOR ¢ WINDOW TRM HARDIPLANK BIDING OVER 30lb. BUILDING PAPER. 5- I/2" EXPODURE CPFPICAL) Grade 4.2' ~ BRIC~. FACED PERIMETER PIERS FF~). SQ. 'CEDAR LA~-i'I CE -.STAINED ENTR, Y ELEVATION SIDE SCALE: 1/4"= I '0" BOARD OF' APPEALS FLOOI~ PLAN ",~E LE CT R EXT CAL PLAN NEW 30YP-.. ASPHALT / FIDF:RGLA55 ROOF 5HINGLE5 (TYPICAL). Floor Grade 4.2' BRICK FACED PERiML=1-ER PIEP-.5 crYP). WATER. 51DE ELEVATION SCALE: i/4"= i'O" SQ. CEDAR LATFICF -STAINED RECEIVED BOARD OF APPEALS ELEVATION ~ECE]VEE E~OARD OF APPEALS 2 5AG~ ~OUL~VA~D //4 ANGELA WILLIAM #5 HER. NAN REPLACE EXISTING STEPS. RINGS STEPS'. #G RALPH ¢ LYNN WEHRMANN EXISTING FOOTPRINT TO R~MAI N. ---... '--' , ¢ -is ,, EAST ELEVATION SECTION 7½×7~ 5/4'X4' CORNER BOARD% Floor NFW 30YR. ASFrlALT / FIBERGLASS ROOF SHINGLES ¢FYPICAL). EK, 5/4"×4" AZEK.~ DOOR ¢ WI NDOW ~.- J ~ TP-.M HAP-JglPLANI<, I SIDING OVER 30Ih. ~ ~' BUILDING PAPER. 5-i/2" ExPosu~ ~ J Grade 4,2' BRICK FACED SQ. 1CEDAR PERIMETER LATTICE -STAINED PIERS (TYP). E N T P-,.Y ELEVATION 51DE SCALE: I/4"= i'O" ®1 ® FLOOR PLAN 7 ELECTI~ CAL ?LAN NEW 30YR. AS?HALT / FIB~RGLAbb ROOF SHINGLE5 (T~ICAL). Froot 6' Grade 4.2' E~RICK FACED PEIRIMET~R PIEP,~ gYP). WATER 51DE ELEVATION SCALE: I/4"= I SQ. CEDAR LAI-FICE -STAINED E WEST LEVATI 3 4 //4 ANGELA WILLIAM P~C~T #5 M E P~N AN REPLACE EXISTING STEPS. RING5 //6 RALPH * LYNN W~HPxMANN EXISTING POOTPRINT TO P-.EMAI N. ~ DULK. HEAD SCTM /~0~ OWNER / '~I[AND TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET ~aSL.~'~) 1 VILLAGE DIST. Ma,'n ~'o~d I O~eenOoC+ ACR. <8'5, )~ TYPE OF BLD. "-c ~ 6 r'z PROP. IMP. TOTAL C~SS~I- DATE REMARKS SUB. LOT FRONTAGE ON WATER HOUSE/LOT TOTAL BULKHEAD TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE OWNER ACR. ~ TYPE OF BLD. . ./ ,'/-' ~ ,~0{~ PROP. CLASS LAND "" IMPfi" TOTAL DATE SUB. LOT 7 ,/ ~EPT. rl~b[ BULKHEAD MEADOWLAND ~_.~ ~WN OF SOUTHOLD PROPERTY RE~R-D ~A~R~) \',~ OWNER STREET VILLAGE DIST. ~ SUB. LOT " ! I FOYER OWNER S W ~PE OF BUILDING ~ S~S. VL. B ~ FARM CO~. CB. MICS. Mkt. Value ~ND IMP, TOTAL DATE R~RKS Tillobl~ FRONTAGE ON WATER ] ~, PS ~;~, ~ O · ~ .(- ' W~lond FRONTAGE ON ROAD -- I I ' ~d~d DEPTH ~. 2 o H~ Plot ~ · ffi ~ B U LK H ~D O ~ ~: ~ ........ ~ ~ VILLAGE ...... ~ ; I, DIST. SUB. LOT ~Z¢'ew ~q I~ ' s w ~ ~PEOF B~-~''' ' R~. 5~S. YE FARM CO~. CB. MICS. Mkt. Value " ~ ~ND IMP. TOTAL DATE R~RKS - / . , t~ ~/ NUMBER~ DATE TYPE CO ~ USE/DESCRIPTION ~ 23440 5/15/96 PERMIT REPAIR COTTAGE ~25 ~ 23441 5/15/96 PE~IT REPAIR COTTAGE - ~7 .~... ~7~ -- Tillable ~ , 23443 5/15/96 PE~IT REPAIR CTG ~12 W~lo.d Meod~d : ~-- ' 23623 ~ PE~IT REPAIR EXISTING SEASONAL COTT] Hou~ Plot ~ 0WNER.~_...~ ..... STREET /~, ~"/_?z ~/ 0 VILLAGE DIST'. SUB. LOT ~D ~P. TOTAh DAT~ ~S -- d ~.~ ~.~ 5~.900 ~%(>~-~ ~/~ ,--~- ~'~ v~~ ~ / , -- O~ER: ~HORES INC BREEZY -- ~73889 53.-5-12.6 NUMBERS DATE TYPE C0 $ USE/DESCRIPTION ~ 23440 5/15/96 PERMIT REPAIR COTTAGE $25 _~ 23441 5/15/96 PE~IT REPAIR COTTAGE - $7 T~ob~e ' /- 23443 5/15/96 PE~IT REPAIR CTG $12 w~,~.~ '~' A ~xx 23~ s/~s/~ p~ -~,~ c0~,~ ~4 Mead~l~d' - ' :: ¢;¢~ 23623 8/08/96 P~MIT REPAIR EXISTING SEASONAL COTT~ H~ Plot ~ ' -, ' -:~ . ' BULKH~D OWNER I I I I I I_ I.~ ~ ~ .~ .l _i 5_£ i~J~ ~ I_l TOWN OF sOUTHOLD PROPERTY RECORD CARD STREET ,/~ z.qz.¢ ~r ~. ~ ~ . ./ ,~ ~ . ,,~"~i'/~ PROP. CLASS LA~D & I~p.6 TOTAL DATE reel~ c,t../'r~.~i r X- z a MEADOWLAND ~..OWNER STREET I VILLAGE > ~ISI. SUB. S ~PE O'F BUILDING 'RES. IMP. VL. TOTAL FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Woodland Meadowland House Plot Total ~( - L_,I R,rC COMM. CB. MICS. Mkt. Value LOT ~-~ ? 4z.'"(5'" FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKH~D DOCK OWNER FORMER OWNER RES. SEAS. VL. S LAND IMP, TOTAL DATE AGE BUILDING CONDITION COMM. CB. MISC. , Mkt~ Value REMARKS NEW NORMAL BELOW ABOVE FARM' Acre Value Per Value Acre Tillable 1 Tillable 2 ACR. TYPE OF BUILDING Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH Total DOCK COLOR TRIM J ~iExteneion ~1 ~xtension Extensron ~ Porch .~ ~orch .~ reezeway .~arage ~a~io 1~ B. ~ota! Both Foundation Floors K. IExt. Walls Interior Finish Heat Fire Place !Type Roof [Recreation Room Rooms Ist Floor Do,~ner VILLAGE , Rooms 2nd Floor Driveway Dinette DR. BR. I FIN. B ./ LOT £xtension Porch Porch Breezeway :-'Garage COLOR TRIM Foundation Basement Walls Place Type Roof :reation Dormer ,,,?' o Bath Floors nterior Finish Heat Rooms 1 st Floor Rooms 2nd Floor Dinette K. ~ LR. Driveway TOWN OF'SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB. LOT FORMER OWNER N E ACR. S I W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION ~ NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Mbadowland DEPTH House~'~"~t"~ ~,~-,~ - BULKHEAD TotaT~' --~ ~ ' ~ ~*' DOCK COLOR TRIM M. Bldg. Extension Extension ~0~0~_ -Zxtension ~ 'k (~ ; )arch ~, */z -~ )arch -~ ~reezeway ;arage 'ado 'otal Foundation Walls Fire Place ~e Roof F~ecreation Dormer / ~..5'o Heat Rooms 1st Floor Rooms 2nd Floor Driveway ,1%.inette LR. DR. BR. FIN. B Z OWNER · vv'~ m~ v~' STREET VI LLAGE SUB. LOT FORMER OWNER N ACR. W 'I'-YPE OF BUILDING RES. LAND SEAS. IMP. AGE NEW NORMAL VL. FARM TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Value Acre CO 'M~. CB. MICS. Mkt. Value REMARKS FARM Tillable' Woodland Meodowland House Plot Tara I Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension Extension Porch Porch Breezewoy Garage Patio Total COLOR .... ·~ I '~ ,, Foundotion ~sement Ext. Walls Fire Place Fype Roof Recreotion Room Dormer / Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Drivewoy TRIM :DR. BR. FIN. B OWNER 'STREE'r [~ VIII_AGE FORMER OWNER N E ACR. S W LOT TYPE OF BUILDING RES. SEAS. LAND I IMP. AGE NEW NORMAL VL. TOTAL FARM DATE COMM. REMARKS CB. BUILDING CONDITION BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD MICS. Mkt. Value Meodowland House Plot. DEPTH BULKHEAD DOCK COLOR TRIM M. BIdgi Exten,si Extension;~z if Porch Porch B reezeway_.~ Garage Patio O.B. Total F,,gundation Ext. Walls F~e Place ~e Roof IRecreation Roo~- Dormer fO o~0 ~' Both Floors Interior Finish Heat Rooms ]st Floor _~DROOmS 2~nd Floor rwewoy [ Dinette K. LR. DR. FIN. B RES. OWNER FORMER OWNER SEAS. LAND IMP. AGE FARM 'illable ¢oodlond ~eodowlond tou~e Plot 'oral STREET N S SUB. LOT ACR. VILLAGE E TYPE OF BUILDING NORMAL Acre VL. FARM W COMM. CB. MICS. Mkt. Value TOTAL DATE REMARKS BUILDING CONDITION BELOW ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD Value Per Acre COLOR /-" / / ' TRIM -~'^ e r. ,', ~ M. B Idg.¢~-/~ Extension// Extension jA' Extension Porch Porch B reezewa,~,'; ~,00 ~pundation ~-~R/6 A 40/~3 ~' Bath ~, o Floors Garage · Ext. Walls Fire Place '~pe Roof Interior Finish Heot Rooms 1st Floor DR. i J Patio u, (~ " "~ /7 OVo Recreation Room Rooms2ndFIoor 01 B. Dormer Driveway Total OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. S ~ W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAN D IMP. TOTAL DATE REMARKS A AGE BUILDING CONDITION ~l NEW NORMAL BELOW ABOVE FARM Acre Value Per / Value Acre / Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total "" ~ DOCK TRIM ixtension ~ ~(tension Z. ) ~orch lreezew~¥~:~ ~ ~arage ~&~ )aria ~, )~ B. Fatal Wails Place Type Roof ~e~c reation Room Dormer Both / Dinette Floors /~,., , n K. Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway LR. DR. BR. OWNER STREET VILLAGE DIST.' SUB. LOT FORMER OWNER N E ACR. S , W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt, Value , LAN D IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meodowland DEPTH House'plot~ ~ BULKHEAD Total DOCK COLOR TRIM M. Bldg ~,~ Extenslon~:~, Porch Porch Breezewoy Garoge Patio 01 B. Total B~sement Walls Place Heat Roof Rooms I st Floors . . K. Interior Fm~sR .. LR Room Rooms 2nd Floor FIN. B Driveway $3-5-12.6 9/03 M. Bldg. I Foundation Bath Extension Basement FIoors Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch Pool Attic Deck Patio Rooms 1st' Floor Breezeway ,., Driveway Rooms 2nd Floor Garage 53.-5-12.6 #25 4/07 53.-5-12.6 #26 4/07 53.-5-12.6 #28 4/07 53.-5-12.6 #27 4/07 53.-5-12.6 #31 4/07 53.~5-12.6 #21 4/07 53.-5-12.6 #22 4/07 53.-5-12.6 #23 4/07 53.-5-i2.6 #24 4/07 53.-5-12.6 #17 4/07 53.-5-12.6 #18 4/07 53.-5-12.6 #19 4/07 53.-5-12.6 #20 4/07 53.-5-12.6 #13 4/07 53.-5-12.6 #14 4/07 .... ~; 53.-5-12.6 #16 4/07 53.-5-12.6 #15 4/07 53.-5-12.6 #9 4/07 53.-5-12.6 #10 4/07 53.-5-12.6 #11 4/07 53.-5-12.6 012 4/07 53.-5-12.6 #6 4/07 53.-5-12.6 #1 4/07 53.-5-12.6 #2 4/07 53.-5--12.6 #34/07 53.-5-12.6 #7 4/07 53.-5-12.6 08 4/07 53.-5-12.6 4/07 53.-5-12.6 Garage to Brickhouse 4/07 53.-5-12.6 4/07 53.-5-12.6 ~4 4/07 53..5-12~6 Boathouse 4/07 53.-5-12.6 Boat Basin 4/07 53.-5-12.6 4/07 53.-5-12.6 ~4 4/07 SCTM # ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~o SL~ 0 VILLAGE DIST. SUB. LOT TYPE OF BLD. ~ Jn)o9 ~7~3 ~ ~¢ 3 ~av ~ RECE/VED BOAR[) OF APPEAL~ BULKHEAD TOTAL OWNER TOWN OF sOUTHOLD PROPERTY RECORD CARD -~'r~R EET , ,~/ VILLAGE ACR. ,~2 / 2~ TYPE OF BLD. ., ,/_ ("-'_ --r" ~,~M5 PROP. CLASS LAND ~ IMP.~ TOTAL DATE RECJJ~¥ED ,/ ,7 ~1c~©-~'~3-5-1~.4 ruwN OF 5OUTHOLD PROPERTY RECORD CARb \'~,~- OWNER STREET VILLAGE DIST. SUB. LOT L v~ V~.,~- ~,~ . ~<~:,',~:: ~l,r~ ~'~x:~' ~ ~, -,-.~.~ .:?' FOYER OWNER N E .~,. I[~,~ W ~PE OF BUILDING RES. S~S. VL. ~ ~ ~ FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS Tillable FRONTAGE ON WATER I W~lond FRONTAGE ON ROAD ~d~d DEPTH -T~;~ ~ ~ ~,.'~ H~ Plot ~ - ~ BULKH~D Total '~:;??:~ '' : ' : ' ' C Jq(~L('l SUB. LOT RES. SEAS. VL. FARM LAND IMP. TOTAL DATE ?' 473881) / NUMBER 2344 ~ 2344 / 2344 Tillable ~ 2344 Mead~d : ' +-' , 2 3 6 2: 53. -5-12.~ LII OWNER: SHORES INC BRRRZy USE/DESCRIPTION DATE 5/15/96 PERMIT 5/15/96 PERMIT 5/15/96 PERMIT 5/15/96 PERMIT TYPE C0 ~ REPAIR COTTAGE ~25 REPAIR COTTAGE ~7 REPAIR COTTAGE ~25 REPAIR CTG #12 5/15/96 PERMIT ~~E~EPAIR COTTAGE ~4 ~ PERMI~T REPAIR EXISTING SEASONAL COTTA OwNER~._/~ STREET &~' ~/ ~' O VILLAGE DIST SUB. LOT R~. S~S. VL FARM ~ CO~. CB. MICS. Mkt. Volue ~ND IMP. TOTAL DATE R~RKS I ' 47388~ 53.-5-12,6 O~ER: SHOREg INC B~EEZY , ~ NUMBER~ DATE TYPE CO ~ USE/DESCRIPTION 23440 5/15/96 PE~IT REPAIR COTTAGE ~25 ~ ~ 234~1 5/15/96 PERMIT REPAIR COTTAGE - ~7 ~ 23442 5/15/96 PERMIT REPAIR COTTAGE ~25 Tilloble ' /'~ ~ 23443 5/15/96 PERMIT REPAIR CTG ~12 ? X~ ~X ' 23444 5/~5/96 ~g~:~ 232~ COTTAO~ ~4 W~land : ~ ' 23623 8/08/96 PE~IT REPAIR EXISTING SEASONAL COTTA H~ Plot ~ ' ; ~ ' '- ' :~ BULKH~D ~t~ C OWNER ~ r(r z-~/ '~ o ,4~ s 'i TOWN OF SOUTHOLD PROPERTY RECORD CARD ACR. -- TYPE OF BLD. ,'~ , ~ ~/ ~.~, -~. :f'( ,'~ PROP. CLASS LA N~- I/ i~M p.d" I TOTAL DATE LOT REMARKS MEADOWLAND ~ J STREET VILLAGE SUB. LOT OWNER EORMER OWNER" 'RES. LAND IMP. VL TOTAL S ! FARM ~.%. TYPE OY BUILDING DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable Woodland ,Meadowland House Plot Total Value Per Value Acre Mkt. Value REMARKS ,..~-... ,~ .~ , ,, , ~ , ~ ~ , ,~, ~ FRONTAGE ON ROAD DEPTH BULKHEAD DOCK OWNER FORMER OWNER ACR. ',RES. SEAS. VL. LAND IMP. TOTAL DATE _ W TYPE OF BUILDING COMM. CB. MISC. Mkt/Value AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM' Acre Tillable 1 Tillable 2 Tillable 3 Value Per Value Acre Woodland Swampland Brushland House Plot ~otaJ ~. FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD C/~*. ,e.~ F,~o~ COLOR TRIM /~--- JO ~ ¢¢/ Foundation i Bath i Dinette "~PoKch ~ 2 ~¢~ ~/ -4~ ~ 7/ Basement Floors K. porch ~ 7 ~*~ ~& - ~ ¢~ 3~~)~t' Walls Interior Finish LR. BreezeWay ¢.~ J j%;z~ ~_ ~ ~o Fire Place Heat DR. ~orage / Type Roof Rooms 1st Floor )BR. )aria IRecreation Room Rooms 2nd Floor FIN. B D: B. Do~er Driveway COLOR Extensi~ Extension,L Porch Porch Breezeway ?Garage Patio Total )undation ;ement Ext. Walls Fire Place Type Roof reation Roon j Dormer Driveway ~./o 1 st Floor 2nd Flool DR. BR. FIN. B. TOWN OF' SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. S i W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value [bAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Mbadowland DEPTH House~t~ ~,, ~ - BULKHEAD COLOR TRIM M, Bldg. Extension Extension ~xtension >arch '? ~ )arch ~reezeway ~arage / ~ X, ,~ z 'aria 'Foundation Walls Fire Place Type Roof Recreation Room Dormer . Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. FIN. B OWNER STREET N VILLAGE ACR. FORMER OWNER E TYPE OF BUILDING RES. LAND AGE NEW FARM Tillable' Woodland Meadowland House Plot Total SEAS. IMP. NORMAL Acre VL. FARM · TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Value Acre W COMM. CB. MICS. Mkt. Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Foundation ~, t~/ Bath / Dinette ;asement /%,: ~ -~ Floors ?/ .~,' .c- K. ' ' Interior Finish Ext. Walls ~? t C i-~ Breezeway Garage Patio Total Fire Place I~ype Roof Recreation Room Dormer Heat Rooms 1st Floor Rooms 2nd Floor Driveway DR. FIN. B ' BR. OWNER FORMER OWNER N S VILLAGE SUB; ' E ACR. W TYPE OF BUILDING LOT RES. SEAS. LAND IMP. VL. FARM TOTAL DATE COMM. CB, MICS. Mkt. Value REMARKS Value Per Value Ac re AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot..'* BULKHEAD ',Total DOCK COLOR TRIM M. Bldg, Exten~i Extensi Extension~,,,~ Porch Porch Breezeway~ Garage Patio O. Bo Total F,,,oundotion B/asement Ext. Walls F~'e Place Type Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Driveway Dinette K. DP,. LR. I0 oZo v' OWNER I STREET VI LLAGE FORMER OWNER N E W SUB. LOT DIST. ACR. S TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAN D IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre 'iIlable FRONTAGE ON WATER ¢oodland FRONTAGE ON ROAD ~eodowlo~d DEPTH louse Plot BULKHEAD Value Per Value Ac re DOCK 'otal COLOR M. Bldg.f:~j~ Exten~ion~//. Extension Extension Porch Porch Breezewa¢¢'': ~,00 Ext. Walls Fire Place 5/.::V',' !; Dinette Floors Interior Finish Heat Garage Patio ~, O~ B. Totol T-~pe Roof F~ecreation Room Dormer ,z :, Rooms 1st Floor Rooms 2nd Floor Driveway OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. . S ~ W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAN D IMP. TOTAL DATE R EMA RKS ,~ AGE BUILDING CONDITION l NEW ' NORMAL BELOW ABOVE FARM Acre Value Per Value I Ac re I Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total ~ ~ DOCK COLOR TRIM A. Bldg. ~, Xten:sion ~Z ~tension ~H ~tension Z. 'orch ~ ~orch ~ ~ q ~arage ~k- )i B. Fotol ~oundotion ~asement ~xt. Walls Dormer / k'e Place ~-ype Roof ~'c reation Room Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette LR. DR. BR. FiN. B T~'I~'~I: $OUTHOLD PRopERTy ~ORD C~RD OWNER ;TREET VI LLAGE FORMER OWNER N E RES. SEAS. VL. FARM W COMM. CB. MICS. Mkt. DIST. SUB. ACR. TYPE OF BUILDING ~alue LOT LAND IMP. TOTAL DATE REMARKS .... AGE BUILDING CONDITION NEW NORMAL B E LOW AB OVE FARM Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH BULKHEAD Value Per Value Acre House-~lot~ Total DOCK COLOR TRiM Garage Patio 0lB. Tota I >¢ Basement Walls Place ~e Roof Both Floors · Interior Fini: Heat Rooms Ist Floor Rooms 2nd Floor Driveway 53-5-12.~ 53-5-12.6 9/03 ,, ~' r ~ I I I I I I I I I I I I I I I t M. BIdg. I Foundation Bath Extension Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch Pool Attic Deck Patio Rooms ls1~ Floor · Breezeway , Driveway Rooms 2nd Floor Garage O.B. 53.-5-12.6 #25 4/07 53.-5-12.6 #26 4/07 53.-5-12.6 #28 4/07 53.-5-12.6 #27 4/07 53.-5-12.6 #31 4/07 53.-5-12.6 #21 4/07 53.-5-12.6 #22 4/07 53.-5-12.6 #23 4/07 53.-5-12.6 #24 4/07 53.-5-12.6 #17 4/07 53.-5-12.6 #19 4/07 53.-5-12.6 #18 4/07 53.-5-12.6 #20 4/07 53.-5-12.6 #13 4/07 53.-5-12.6 #14 4/07 53.-5-12.6 #15 4/07 53.-5-12.6 #16 4/07 53.-5-12.6 #9 4/07 53.-5-12.6 #10 4/07 53.-5--12.6 #11 4/07 53.-5-12.6 #12 4/07 53.-5-12.6 #I 4/07 53.-5-12.6 #2 4/07 53.-5-12.6 #3 4/07 53.-5-12.6 #6 4/07 53.-5-12.6 #7 4/07 53.-5-12.6 g8 4/07 53.-5-12.6 4/07 53.-5-12.6 Garage to Brickhouse 4/07 53.-5-12.6 4/07 53.-5-12.6 04 4/07 · 53.-5~12.6 Boathouse 4/07 53.-5-12.6 4/07 53.-5-12.6 Boat Basin 4/07 53.-5-12.6 ~4 4/07 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 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 March 8, 2012 Zoning Appeal No. 6557 Transmitted herewith is Zoning Appeals No. 6557of Patricia C. Moore for Hernan Otano- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Three Page Cover Letter from Patricia C. Moore Dated March 7, 2012, Notice of Disapproval from Building Department Updated March 6, 2012, Authorization Letter from Hernan Otano to Patticia Moore to Represent him in this Matter Dated October 18, 2011, Two Copies of Building Permit No. 35929Z for Construction of Foundation to Flood Requirements Dated October 7, 2010, Copy of Google Map Showing Sage Blvd., Two Pages of Photos of Property, Copy of Subdivision Sketch Plan Prepared by Harborview Landing, Seven Pages of Plans Showing Elevations, Electrical & Floor Plans, Site Plan of Property Showing Proposed & Existing Construction, Duplicate of Google Map Showing Sage Blvd., One page of Photo of Property, Duplicate of Subdivision Sketch Plan Prepared by Harborview Landing, Duplicate Seven Pages of Plans Showing Elevations, Electrical & Floor Plans, Site Plan of Property Showing Proposed & Existing Construction, Two Sets of Property Record Cards - 35 Pages Each, Two Pages of Site Data of Breezy Shores Community Prepared by Young & Young Dated January 25,2011, Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/07/12 * * * RECEIPT * * * Receipt~: 127275 Transaction(s): 1 1 Reference Subtotal 6557 $1,000.00 Check#:0039100001 Total Paid: $1,000.00 Name: Otano, Hernan Michael 425 E. 12th Street 1 E New York, NY 10009 Clerk ID: CAROLH Internal ID: 6557 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/7/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6557 Otano, Hernan 0039100001 $1000.00 ' ;~0i2 Sou:hold Town Clerk $1000.00 By __lc__ Thank ',ou. Sabel & Oplinger, CPA, PC ACCOUNTANTS AND CONSULTANTS 100 PROSPECT STREET, P.O. SOX 1307 SOUTHAMPTON, NY 11969 TELEPHONE (631) 283-2370 FAX (93t) 287-4347 January 3 1, 2012 TO: Tenants-Shareholders of Breezy Shores Community, Inc. Greenport, New York PERSONAL INCOME TAX INFORMATION - 2011 e-mail: socpapc~ocpapc.com web page: www.socpapc.com 1. Pursuant to the provisions of Section 216 of the Internal Revenue Code, a tenant-shareholder of a cooperative housing corporation is entitled to an itemized deduction for a proportionate share of real estate taxes and interest paid or accrued by the housing corporation. FOR THE CALENDAR YEAR 2011, YOUR PER SHARE DEDUCTIONS ARE: MORTGAGE INTEREST $ 0000.00 per share REAL ESTATE TAX $1613.04 per share Note: These deductions are available only if you itemize deductions on your personal income tax return. If you owned your shares for less than the period shown above, you must prorate your deductions. IF YOU HAVE ANY QUESTIONS ABOUT THE DEDUCTIBILITY OF THESE AMOUNTS, PLEASE CONSULT YOUR TAX ADVISOR. WE CANNOT PROVIDE TAX ADVICE TO INDIVIDUAL SHAREHOLDERS. 2. Amortization of mortgage principal and assessments for capital improvements constitute contributions to the capital of the corporation and may be added to your per share cost for furore computation of gain or loss. FOR THE CALENDAR YEAR 2011, YOUR PER SHARE CONTRIBUTION FOR AMORTIZATION OF MORTGAGE PRINCIPAL AMOUNTED TO: $ 0.0000 per share FOR THE CALENDAR YEAR 2011, YOUR PER SHARE CONTRIBUTION FOR CAPITAL IMPROVEMENTS AMOUNTED TO: $ 637.0835 per share PLEASE RETAIN THIS LETTER FOR FUTURE REFERENCE. KEEP IT WITH YOUR TAX FILES. Sincerely, Sabel & Oplinger, CPA, PC CC.: John King 6:25 PM 05/02/12 OBreezy Shore Community, Inc Customer Balance Detail All Transactions Type Date Num 05 Mike Otano & Susana Gilboe Jetty Stmt Charge 3/10/2006 Strut Charge 6/1/2006 Payment 10/1112006 4250... Credit Memo 1/1/2009 1 Total Jetty Marina Slip Stmt Charge 9/15/2006 Payment 9/15/2006 4139 Payment 11/1/2006 428 Stmt Charge 11/1/2006 Totat Marina Slip 06 Mike Otano & Susana Gilboe - Other Invoice Payment Invoice Payment Invoice Payment invoice Payment Invoice Payment Invoice Payment Invoice Payment Invoice Payment Invoice Payment Invoice Payment Invoice Invoice Payment Invoice Payment Invoice Invoice Payment Payment Invoice Payment Invoice Payment Invoice Payment Payment Invoice Invoice Payment Invoice Payment Invoice invoice Payment Invoice Invoice Payment Payment Invoice Payment Payment Invoice 911/2002 8 9/16/2002 8515.- 10/1/2002 45 10/30/2002 9600... 1013012002 69 10/30/2002 11/1/2002 75 11/812002 6003... 12/112002 111 12/2/2002 6005... 1/1/2003 143 1113/2003 6007... 2/1/2003 176 2/4/2003 6009... 3/1/2003 211 3/4/2003 7001.., 4/1/2003 243 4/16/2003 7007... 5/1/2003 274 5/9/2003 7008... 5/1312003 301 5/11/2003 308 6/14/2003 8002... 7/1/2003 339 7/9/2003 8003... 8/1/2003 370 911/2003 401 9/15/2003 8010_. 9/15/2003 8009... 10/1/2003 442 10/8/2003 8014._ 11/1/2003 475 11/4/2003 8013... 12/1/2003 506 12/9/2003 9004._ 1 2/26/2003 9002.,. 1/1/2004 545 1/21/2004 577 1/21/2004 1210kb 2/1/2004 584 2/11/2004 0009... 3/1/2004 615 4/1/2004 649 4/2/2004 9021 ... 4/14/2004 688 5/1/2004 703 5/19/2004 9027.- 5/19/2004 9027... 6/1/2004 736 0/10/2004 9028... 5/10/2004 9028... 7/1/2004 770 Source Name Account Class Amount 05 Mike Otsno & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S.,. JettyAccountsRec... JettyAcceuntsRec... Jetty AccountsRec... Jetty Accounts Rec... Madna Slip Receiva... Madna Slip Receiva... Madna Slip Receiva... Madna Slip Receiva... Ac, counts Receivable Commun... Accounts Receivable Accounts Receivable Commun.., Accounts Receivable Accounts Receivable Marina Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts ReceNable Commun... Accounts Receivable Accounts Receivable Commun.,. Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Commun... Accounts Receivable Commun_. Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Commun.., Accounts Receivable Commun... Accounts Receivable Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Commun.- Accounts Receivable Accounts Receivable Accounts Receivable Commun... Accounts Receivable Madna Accounts Receivable Accounts Receivable Commun... Ac, counts Receivable Accounts Receivable Commun... Accounts Receivable Commun.,. Accounts Receivable Accounts Receivable Commun... Accounts Receivable Commun... Accounts Receivable Accounts Receivable Accounts Receivable Commun... Accounts Receivable Accounts Receivable Accounts Receivable Commun... 05MikeOtano & S... 05MikeOtano & S._ 05 Mike Otsno & S... 05MikeOtano & S... 05 MAe Otano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05 Mike Otano & S..; 05MikeOtano & S.,. 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05 Mike Otano & S._ 05MikeOtano & S... 05 Mike Otano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05 Mike Otano & S... 05MikeOtano & S... 05 Mike Otano & S... 05MikeOtano & S... 05 Mike Otano & S... 05MikeOtano & S... 05 Mike Otano & S... 00MikeOtano & S... 05MikeOtano & S-. 05MikeOtano & S... 05MikeOtano & S... 05 Mike Otano & S... 05MikeOtano & S... 05 Mike Otano & 05MikeOtano & S... 05 Mike Otano & S... 05 Mike Otsno & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05 Mike Otsno & S... 05 Mike Otano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 05MikeOtano & S... 3,000.00 225.00 -3.200.00 -25.00 0.00 500.00 -500.00 -500.00 500.00 0.00 300.00 -300.00 300.00 -300.00 400.00 400.00 300.00 -300.00 300.00 -300.00 300.00 300.00 -300.00 300.00 -300.00 300.00 -300.00 300.00 -300.00 45.57 300.00 -345.57 300,00 -300.00 325.00 300.00 -300.00 -325.00 300.00 -300.00 300.00 -300.00 300.00 -300.00 -300.00 300.00 500.00 -500.00 300.00 -300.00 325,00 300.00 ~25.00 3500 325,00 -35,00 -300.00 300.00 -300.00 ~5,00 300,00 Page 1 6:25 PM 05/02]12 Breezy Shore Community, Inc Type Date Num Payment 7/1/2004 8031... Invoice 8/1/2004 605 Payment 8/10/2004 9037... Payment 8/10/2004 9037_, Invoice 9/1/2004 836 Payment 9/2/2004 9042... Payment 9/3/2004 9045_, Invoice 10/1/2004 868 Payment 10/5/2004 9046,_ Invoice 11/1/2004 900 Payment 11/12/2004 9054.., Invoice 12/1/2004 931 Invoice 1/1/2005 964 Invoice 1/5/2005 997 Payment 1/5/2005 2425/... Payment 1/21/2005 9063... Invoice 2/t/2005 1007 Payment 2/2/2005 9066... Payment 2/14/2005 9068... Invoice 3/1/2005 1038 Payment 3/11/2005 9073... Invoice 4/1/2005 1070 Invoice 5/1/2005 1113 Payment 5/5/2005 9080... Payment 5/5/2005 9082... Invoice 6/1/2005 1145 Invoice 7/1/2005 1176 Payment 7/7/2005 9092... Invoice 8/1/2005 1208 Invoice 9/1/2005 1240 Payment 9/7/2005 9100... Payment 9/14/2005 1941... Invoice 10/1/2005 1272 Invoice 11/1/2005 1304 Payment 11/14/2005 2297... Invoice 12/1/2005 1336 Payment 12/13/2005 2480... Invoice 1/1/2006 1368 Invoice 2/1/2006 1400 Payment 2/112006 2751 ,.. Invoice 3/1/2006 1431 Payment 3/10/2006 2991... Invoice 4/1/2006 1464 Invoice 4/25/2006 1493 Invoice 511/2006 1503 Payment 5/312006 3261... invoice 6/1/2006 1534 Payment 6/7/2006 3527... Invoice 7/112006 1565 Payment 7/7/2006 3678... Payment 7/26/2006 3822... Invoice 8/1/2006 1596 invoice 9/1/2006 1627 Payment 9/1312006 4082... Invoice 10/1/2006 1659 Payment 10/1t/2006 4246... Payment 10/26/2006 4368.., Invoice 11/1/2006 1~90 Payment 11/13/2006 4529... Invoice 12/1/2006 1723 Payment 12/12/2006 4674... Invoice 1/1 ~2007 1754 Invoice 211/2007 1785 Invoice 3/1/2007 18t8 Payment 3/8/2007 5166... Invoice 4/1/2007 1849 Payment 4/3/2007 5310... Invoice 5/I/2007 1880 Customer Balance Detail All Transactions Soume Name 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otsno & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S,.. 05 Mike Otano & S... 05 Mike Otano & S,.. 05 Mike Otano & S... 05 Mike Otano & S.. 65 Mike Otano & S... 65 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S.,. 05 Mike Otano & S... 05 Mike Otano & S.., 05 Mike Otano & S.., 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S. 05 Mike Otano & S... 05 Mike Otano & S.,. 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S. 05 Mike Otano & 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S.., 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S,.. 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... AGGount Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts ReceNable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Class Amount -300,00 Commun.,. 300.00 -30000 Commun... 300.00 -300,0{) -300,00 Commun._ 300.00 ~300,00 Commun.,. 300.00 -300.00 Commun_. 300.00 Commun... 300,00 Marina 500.00 -500.00 -300.00 Commun... 300,00 -300.00 -300.00 Commun... 300.00 -300.00 Commun... 300.00 Commun... 300.00 -600.00 -300.00 Commun... 300.00 Commun... 300.00 -600.00 Commun.., 300.00 Commun... 300.00 -300.00 -300.00 Commun,.. 300.00 Commun,.. 30000 -300.00 Commun,,, 300.00 -300.00 Commun.., 300,00 Commun.,, 300.00 -300.00 Commun_. 300.00 Commun,,, 300.00 Commun,.. 55,00 Commun... 300.00 Commun.,. 300.00 -300.00 Commun,., 300,00 -300.00 -55.00 Commun_. 300.00 Commun... 300.00 Commun... 300.00 -300.00 -300.00 Commun.,. 300.00 Commun... 300.00 -300.00 Commun... 300.00 Commun,.. 300.00 Commun.., 300.00 -300.00 Commun... 300,00 -300.00 Commun... 300.00 Page 2 6:25 PM 05/02/12 Type Date Pay~nent 5/1/2007 Invoice 6/1/2007 Invoice 7/1/2007 Invoice 8/1/2007 Payment 5/6/2007 Invoice 9/1/2007 invoice 10/112007 Payment 10/15/2007 Invoice 11/1/2007 Invoico 12/1/2007 Payment 1 2/13/2007 Invoice 1/1/2008 Payment 1/15/2008 Strut Charge 2/1/2008 Payment 2/21/2008 Stmt Charge 3/1/2008 Stmt Charge 4/1/2008 Payment 4/10/2008 Strut Charge 5/1/2008 Payment 5/19/2008 Stmt Charge 6/1/2008 Payment 6/17/2008 Strut Charge 7/1/2008 Payment 7/15/2008 Strut Charge 8/1/2008 Stmt Charge 6/1/2008 Payment 9/23/2008 Stmt Charge 10/1/2008 Payment 10/I 5/2008 Stmt Charge 11/112008 Strut Charge 12/1/2008 Payment 12/112008 Strut Charge 111/2009 Payment 1/7/2009 Strut Charge 2/1/2009 Strut Charge 3/112009 Stmt Charge 4/1/2009 Payment 4/8/2009 Stmt Charge 5/1/2009 Stmt Charge 6/1/2009 Stmt Charge 7/1/2009 Payment 7/22/2009 Stmt Charge 8/112009 Payment 5/13/2009 Stmt Charge 6/1/2009 Payment 9/22/2009 Stmt Charge 16/1/2009 Payment 10/19/2009 Stmt Charge 11/1/2009 Payment 11/912009 Stmt Charge 12/1/2009 Payment 1 2/17/2009 Stmt Charge 12/17/2009 Stmt Charge 1/1/2010 Payment 1/1/2010 Stmt Charge 1/21/2010 Stmt Charge 2/1/2010 Payment 2/9/2010 Stmt Charge 3/1/2010 Stmt Charge 4/1/2010 Stmt Charge 5/1/2010 Strut Charge 6/1/2010 Stmt Charge 711/2010 Payment 7115/2010 Stmt Charge 5/1/2010 Stmt Charge 911/2010 Invoice 911/2010 Stmt Charge 10/1/2010 Breezy Shore Community, Inc Customer Balance Detail All Transactions Num Source Name 5537... 05 Mike Otano & S... 7 05 Mike Otano & 1 ~09 05 Mike Otano & S... 1940 05 Mike Otano & S. 6235_. 05 Mike Otano & S... 1971 05 Mike Otano & 2002 05 Mike Otano & S... 6713,.. 05 Mike Otano & S... 2033 05 Mike Otano & S,.. 2064 05 Mike Otano & S.,. 7064... 05 Mike Otarto & S. 2095 05 Mike Otano & S... 0058_. 05 Mike Otano & S. 05 Mike Otsno & S... 0064... 05 Mike Otsno & S... 05 Mike Otano & S_. 05 Mike Otano & S... 0079... 05 Mike Otano & S... 05 Mike Otano & S... 2089... 05 Mike Otano & S... 05 Mike Otano & S... 2091... 05 Mike Otano & S, 05 Mike Otano & S... 2097... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 2106.., 05 Mike Otano & S... 05 Mike Otano & S... 2110... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 2117... 05 Mike Otano & S... 05 Mike Otano & 1121 05 Mike Otano & S.., 05 Mike Otsno & 05 Mike Otano & S... 05 Mike Otsno & S... 0077... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 7267... 05 Mike Otano & S, 05 Mike Otano & S-. 0014... 05 Mike Otano & S... 05 Mike Otano & S... 2777... 05 Mike Otano & 05 Mike Otano & S... 5201... 05 Mike Otano & S... 05 Mike Otano & S... 5385... 05 Mike Otano & S... 05 Mike Otano & S. 5972... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S.. 6171... 05 Mike Otano & S... 05 Mike Otano & S... 05 Mike Otano & S... 6692... 05 Mike Otano & S.. 05 Mike Otsno & S... 05 Mike Otano & S... 05 Mike Otano & S. 05 Mike Otano & 05 Mike Otano & S... 9003... 05 Mike Otano & S... 05 Mike Otano & 05 Mike Otano & S.. 2126 05 Mike Otsno & S... 05 Mike Otano & S... Account Class Amount Accounts Receivable -300.00 Accounts Receivable Commun... 300.00 Accounts Receivable Commun... 300.00 Accounts Receivable Commun... 30Q00 Accounts Receivable -600.00 Accounts Receivable Commun... 300,00 Accounts Receivable Commun... 300.00 Accounts Receivable -600.00 Accounts Receivable Commun... 300.00 Accounts Receivable Commun... 300.00 Accounts Receivable -300,00 Accounts Receivable Commun... 300.00 Accounts Receivable -600.00 Accounts Receivable 300.00 Accounts Receivable -600.00 Accounts Receivable 300,00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Ac, counts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -600.00 Accounts Receivable 300,00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable -600.00 Accounts Receivable 300~00 Accounts Receivable -900.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable -900,00 Accounts Receivable 300,00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 979.00 Accounts Receivable 300.00 Accounts Receivable -300.00 Accounts Receivable 25.00 Accounts Receivable 300.00 Accounts Receivable -3,300.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable -900.00 Accounts Receivable 300.00 Accounts Receivable 300.00 Accounts Receivable 1,000.00 Accounts Receivable 300.00 Page 3 6:25 PM 05/02/12 Breezy Shore Community, Inc Customer Balance Detail All Transactions Type Date Num Source Name Account Class Amount Payment 10/4/2010 1020... 05 Mike Otano & S... Accounts Receivable -1.000.00 Invoice 10/27/2010 2153 05 Mike Otano & S... Accounts Receivable 2.834.35 Strut Charge 11/1/2010 05 Mike Otano & S... Accounts Receivable 300.00 Payment 11110/2010 1079... 05 Mike Otano & S... Accounts Receivable -2.834.35 Strut Charge t 2/1/2010 05 Mike Otano & S... Accounts Receivable 300.00 Payment 1212012010 1117... 05 Mike Otano & S... Accounts Receivable -1.200.00 Strut Charge 1/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Strut Charge 1/11/2011 05 Mike Otano & S... Accounts Receivable 88.00 Strut Charge 1/11/2011 05 Mike Otano & S... Accounts Receivable 182.60 Strut Charge 2/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Payment 2/14/2011 1223... 05 Mike Or, no & S... Accounts Receivable -300.00 Strut Charge 3/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Stmt Charge 31112011 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 3/712011 05 Mike Otano & S... Accounts Receivable 822.40 Payment 3/10/2011 1268_. 05 Mike Otano & S... Accounts Receivable -350.00 Strut Charge 4/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 4/112011 05 Mike Otano & S... Accounts Receivable 50.00 Strut Charge 6/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Strut Charge 5/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Payment 6/9/2011 1359... 05 Mike Otano & S... Accounts Receivable -997.00 Payment 6/16/2011 1351... 05 Mike Otano & S... Accounts Receivable -1.250.00 Stmt Charge 6/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 6/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Payment 6/8/2011 1406... 05 Mike Otano & S... Accounts Receivable -350.00 Payment 6/30/2011 1440... 05 Mike Otano & S... Accounts Receivable -500.00 Strut Charge 71112011 05 Mike Otano & S... Accounts Receivable 300.00 Strut Charge 7/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Stmt Charge 7/6/2011 05 Mike Otano & S... Accounts Receivable 1,536,00 Payment 7/12/2011 1463... 05 Mike Or, no & S... Accounts Receivable -350.00 Stmt Charge 8/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 6/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Payment 8/2/2011 1499._ 05 Mike Otano & S... Accounts Receivable -500.00 Strut Charge 9/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 6/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Payment 9/8/2011 1545... 05 Mike Otano & S... Accounts Receivable -350.00 Stmt Charge 10/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Strut Charge 10/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Payment 10/18/2011 1606... 05 Mike Otano & S... Accounts Receivable -350.00 Strut Charge 11/1/2011 05 Mike Otano & S,.. Accounts Receivable 300.00 Stmt Charge 11/112011 05 Mike Otano & S... Accounts Receivable 50.00 Payment 11/712011 1648... 05 Mike Otano & S... Accounts Receivable -350.00 Stmt Charge 1 2/1/2011 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 12/1/2011 05 Mike Otano & S... Accounts Receivable 50.00 Payment 12/21/2011 1693... 05 Mike Otano & S... Accounts Receivable -350.00 Payment 1212912011 1725... 05 Mike Otano & S... Accounts Receivable -350.00 Stmt Charge 1/1/2012 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 1/1/2012 05 Mike Otano & S... Accounts Receivable 50.00 Stmt Charge 2/1/2012 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 2/1/2012 05 Mike Otano & S... Accounts Receivable 50.00 Payment 2/13/2012 1800_. 05 Mike Otano & S... Accounts Receivable -350.00 Stmt Charge 3/1/2012 05 Mike Otano & S... Acceunts Receivable 300.00 Stmt Charge 3/1/2012 05 Mike Otano & S... Accounts Receivable 50.00 Payment 3115/2012 1850... 05 Mike Otano & S... Accounts Receivable -350.00 Strut Charge 411/2012 05 Mike Otano & S... Accounts Receivable 300.00 Strut Charge 41112012 05 Mike Otano & S... Accounts Receivable 50.00 Payment 4/6/2012 1900... 05 Mike Otano & S... Accounts Receivable -350.00 Strut Charge 5/1/2012 05 Mike Otano & S... Accounts Receivable 300.00 Stmt Charge 6/1/2012 05 Mike Otano & S... Accounts Receivable 50.00 Totat 05 Mike Otano & Susana Gilboe - Other -14.00 Total 05 Mike Otano & Susana Gilboe -14.00 Page 4 REASONS FOR USE VARIANCE With the consent of the Breezy Shores Community Inc. this use variance application is made to maintain and preserve the cooperative unit #5 within the Breezy Shores Community Inc. 1. Application cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: Mr. Otano owns one share out of 31 shares which comprise the Breezy Shores Community Inc., the other 30 shares are owned by separate individuals (shareholders) with their identified units. Breezy Shores Community Inc. is a group of 31 detached residential units in which one owner (the Corporation) holds title to all premises and grants rights of occupancy to particular units by means of proprietary leases. The community is operated by a managing board. The individual unit occupants and individual corporate shareholders, acting separately, can not bind the Breezy Shores Community or make alterations to the units without their approval. Mr. Otano has a lease (or occupancy agreement) which entitles him to occupy exclusively unit #5. The applicant has no authority to occupy any other unit and his occupancy is limited to the four walls of unit #5. A use variance may be granted upon a showing of unnecessary hardship. To establish unnecessary hardship the applicant must demonstrate, inter alia, for each and every use permitted under the zoning regulations, that the property cannot yield a reasonable return. Such a showing must be based on competent financial evidence "in dollars and cents form" (Dreikausen, et Al., v. Zoning Board of Appeals of the City of Long Beach, et al.,287 A.D.2d 453731 N.Y.S.2d 54 citing Matter of Village Bd. of Vil. of Fayetteville v. Jarrold, 53 N.Y.2d 254, 257, 440 N.Y.S.2d 908, 423 N.E.2d 385; Matter of Park Hill Residents' Assn. v. Cianciulli, 234 A.D.2d 464, 651 N.Y.S.2d 159). As one shareholder of the 31 shares, Mr. Otano is not permitted to construct any listed "permitted use" since his ownership interest is limited to the lease of unit//5. Any use listed as a permitted or Special Permit use in R-80 would require a vote of the 31 shareholders of the Breezy Shores Cooperative development. The consent of all the shareholders to change the use of the property would be extremely unlikely. Together with the inferences reasonably drawn therefrom, Mr. Otano can establish that he can not alter the use of the property. It can not be reasonably expected that the 31 unit shareholders with individual unit leases would 1. Surrender their respective rights or 2. Reach consensus on a single permitted use. Addressing the listed permitted and special exception uses, Mr. Otano has no ability to effect the implementation of any of these uses and therefore, as to Mr. Otano's interest, he cannot yield any reasonable return if used only for permitted purposes .§ 96. Equity will not do or require a vain, futile, or useless thing New York Jurisprudence, Second Edition NYJUR EQUITY § 96 ...2] It will not compel or direct the performance of a futile or vain,[3] useless,J4] or impossible act....§ 96.Equity will not do or require a vain, futile, or useless thing.. The sale price of five cottages averages $309,000. Conservatively, based on the average price of the units, the value of each share is $309,000.00. 31 units x $309,000 - $9.58 million_would be the price to buy out the shareholders. (1) One-family detached dwellings, not to exceed one dwelling on each lot. The lot size is 82 acres, upon a determination of the upland portion, the yield would be determined. In order to receive support by the 31 shareholders, 31 single family residential lots would need to be developed. Prior to the co-op ownership change, a former owner attempted to redevelop the property in accordance with the single family residential use( A subdivision application was .filed in 1987 by Harbor-View Realty who acquired the property.from Bayview Development Corp. The TownPlanningBoardopposedthesubdivision. The developers found the process financially prohibitive, they defaulted on the Town and County Real Estate Taxes and the mortgage held by the Sage family. The Sage family recovered the property and continued to maintain and rent the cottages until the Co-op was formed (2) Agriculture. - the cottages could become waterfront agricultural worker housing (also #9). This wouM be an underutilization of the property. The 31 existing units only results in 3.3% lot coverage on the property; 20% lot coverage is permitted The uses permitted by special exception by the Board of Appeals would likely increase the intensity of the use of the property. Consequently, even if all the shareholders could agree, these uses would result in extensive environmental reviews, expensive review and uncertain outcomes. Analysis of the individual uses is an act of futility since the subject application is limited to Mr. Otano's interest and unit #5. (1) Two-family dwellings not to exceed one such dwelling on each lot. A subdivision would be required, as with single family dwelling use. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling). Such a development wouMresult in a financial impact to the Town of Southold because the property would become tax exempt. (3) Private elementary or high schools, colleges and other educational institutions. Educational institutions are having financial difficulties and a loss of public funds. They wouM most likely not be interested in acquiring the property. (4) Nursery schools. On 82 acres is financially prohibitive. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, This use would require an extensive intensification of the property. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order ~Bayview Development Corp. purchased from the Sage family in 1985 and attempted to redevelop the property with a clustered development of 19 lots on 6 acres with another area of 20.5 acres to be subdivided in the future. Variances requested were denied. (Appeal #3320 6/19/85) to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, The acquisition cost wouM exceed the benefit by the members'. (8) Children's recreation camps organized primarily for seasonal use, same issue of acquisition cosL (9) Farm labor camps, would continue the use of the cottages to the worker housing previously provided to the brickyard (10) Veterinarian's offices and animal hospitals, 82 acres is not required for a veterinary office and the property would be underutilized. (11) Cemeteries. The property has clay and shallow groundwater- not conducive to a cemetery use. (12) Stables and riding academies. Property value exceeds the use. (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, Property value exceeds the use (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Property value exceeds' the use (15) Historical society. Property value exceeds the use (16) Preservation and use ora federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment. Not a historic designation. The standards of proof needed to argue a "yield of reasonable return" involves the following financial analysis: Mr. Otano's financial investment is as follows2: The amount paid for the cooperative share, specifically unit #5: Mr. Otano paid $118,000 in 200:[ for his "fixer-upper" unit. He had rented the unit for many years prior to his purchase. The present value of his unit: A comparable sale- Unit #C-7, located just east of the Otano unit sold in the last 3 years for $385,000. Affidavit of Leigh H. Cortez - sales in 2010 and 2011. If the use of his unit is not continued, Mr. Otano would suffer financial hardship in the amount of the average value of the units ($309,000). The expenses and carrying charges in connection with the maintenance of his property: Mr. Otano has paid $3,600/yr with an increase of $600 in the last year. Therefore, for the last 10 years, his share of taxes and maintenance fees totaled $36,600. The taxes and 2 Often cited criteria to argue a yield of reasonable return in Crossroads Recreation, Inc. v. Broz, 4 N.Y.2d 39, 172 N.Y.S. 2d 129 (1958)] maintenance fees are collected together. Due to the nature of the ownership, owners must pay cash and can not obtain a mortgage. Mr. Otano will lose his use of the property, occupancy of the unit, and financial investment. 5. The loss of the unit will deprive Mr. Otano of the future seasonal rental of his unit. In addition to the past investment and future value of the unit, the replacement of the foundation and repairs to the cottage prior to issuance of the stop work order will also result in a loss of $40,000 for the labor, materials, and professional fees incurred to date. The above provides overwhelming proof that an unnecessary financial hardship will be incurred by Mr. Otano if denied the right to continue the use of the cottage, and complete the construction, in kind and in place. As to Mr. Otano's stock in Breezy Shores Community Inc., it will have no (zero) value and will be a complete confiscation of the value of the stock and his occupancy which is a property right. The use of the community amenities is tied to the occupancy of the unit. This use variance application is limited to Mr. Otano's case. The Breezy Shores Community may have their own financial hardship which will not be addressed in this application. 2. The alleged hardship relating to the property is unique because: The property is co- operative owned with multiple units. The residential cottages have been in existence since the early 1900's when they were built as worker housing for the Sage family brick factory. The units were thereafter rented, however, the property has remained since the 1900's under one title. The co-operative is comprised of 31 stock shareholders with their designated unit. No change to the property is permitted without the consent of the 31 shareholders. The individual shareholders have an obligation to the corporation to pay their share of expenses and maintain and repair their individual unit. The individual shareholder has no ability to act independently, the shareholder maintains one vote in a co-ownership of 31 shareholders. The land itself has over 1000 linear feet of bulkhead, the individual units face Shelter Island Sound, the road is private and maintained by Breezy Shores Inc. Recreational amenities come with the unit, not the stock, and can not be used independently of the unit. Consequently, if the unit is rented the stock owner may not use the amenities. The surrounding land is passive open space and is isolated from the surrounding neighborhood. Redevelopment of this parcel for luxury homes or condos has been attempted, without success. 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: The property is zoned R-80, two acre zoning, which permits single family dwellings on two acre parcels. Breezy Shores Community Inc. is a pre-existing nonconforming planned community. The parcel is 82 acres. The R-80 district was assigned due to the large area of the parcel which is undeveloped, however the surrounding neighborhood consists of densely developed one half and quarter acre subdivisions and commercial marinas. The only feasible development with 31 co-owners who wish to retain the value of their investment is a "subdivision" of the property with single family dwellings on individual parcels. While a residential subdivision is typical, the development of this parcel is only 3%, where the permitted development of a subdivision lot is 20%. 4. The request will not alter the essential character of the neighborhood because: The property has been developed with the cottages since the 1900%. The cottages are placed in a uniform configuration with strict community architectural controls. The 82 acres are isolated on Shelter Island Sound and visible only from the water. This property, developed as a planned community, is in accordance with the "purpose" of R-80. Town Code 280-12 The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. 5. The alleged hardship has not been self-created because: The applicant purchased a unit in a pre-existing community in 2002. He is contractually obligated under the terms of the community by- laws to maintain the structure and make the necessary repairs, as well as reconstruct the structure, as required to preserve the value of the unit and Breezy Shores development. The Breezy Shores Community Board threatened legal action against Heman Otano if he did not immediately replace the foundation. After obtaining the required regulatory permits, the building department approved the replacement of the new foundation. The owner raised the house in order to replace the deteriorated foundation and preserve the existing structure. After the foundation work was completed and the wall structure was exposed, latent defects of the original construction of the house were discovered. The scope of work required to make the existing house conform to the minimum standards in the New York State Building Code exceeded anyone's expectation. Mr. Otano's actions are not a self-created hardship, precluding grant of a use variance, when physical or similar conditions affecting property are significantly worse than discerned at the time of purchase or subsequently became worse. Citizens Savings Bank v. Zoning Board of Appeals of the Village of Landsing, 238 A.D.2d 874, 657 N.Y.S.2d 108 (3d Dept. 1997). Neither the Breezy Shores Community nor Mr. Otano believed that the continuation of the use of the cottage was threatened by making the required improvements to the structure. In accordance with the memorandum of law previously submitted, the residential use of the property is believed to be "permitted" pre-existing nonconforming structures, the zoning ordinance allows repair and reconstruction. A building permit should have been issued based on a prior practice of issuing permits and the continued maintenance of the residential structures. Mr. Otano purchased his unit in 2002, from 2003 through 2007 unit owners obtained permits from the building department to make substantial repairs to their units. To the community, the issuance of the building permits ratified and substantiated the legality of the use. Prior building permits had been issued: Unit/ti 5: "Alterations" interior bathroom addition with structural bump out BP#33486 10/23/07 Unit #28: "as built" interior alterations BP#33292 8/2/07: insulation of unit, tie rods added to the roof, electrical & plumbing work done. Unit#29: Replace/rebuild existing porch and repair cottage: roof, siding, replace doors and windows to existing structure with electrical replacement BP#32424 10/13/06 Unit #4: Repair & Roof Alteration BP#29710 9/8/03; new ridge, posts and footings required (rear porch & ceiling repair, new sliding doors, floor repaired Unit#7: Repairs & new porch, electric heat added BP#29709 9/8/03 Unit #25 upgrade electrical; new shower, new steps, replace some of foundation (Engineer's report) BP#29706 9/8/03 The new local law which is pending approval by the secretary of state may make this appeal unnecessary. According to the applicant's architect less than 50% of the existing structure was removed. Even if the Zoning Board believes that more than 50% of the original structure was removed, under the new definition of "demolition", the Board should find that less than 75% of the total square footage of the existing structure was removed. Upon review by the building department, no use or area variances may be necessary. New Local Law No. 2012: Definitions 280-4 Alteration: A change or modification made in or on an existing building or structure that does not increase its exterior dimensions. This unit remains the original exterior dimensions. Demolition: Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. Robert I. Brown, Architect, appeared at the hearing, testified and provided the square footage of structure removed and remaining. Less than 75% of the structure was removed. 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. The grant of Mr. Otano's use variance will not change the essential use of the property. The Breezy Shores Community is culturally important to the history of Southold. The cottages remain and are evidence of the brick yard and living conditions of the early industry of Southold Town. In order to preserve the past, the owners must be permitted to rebuild. The construction materials required today to meet minimum energy and safety standards make it impossible to limit repairs to superficial elements of the units. The proper reinforcement of the existing structure protect the health, safety and welfare of the community. Mr. Otano made the minimum improvements to his unit to preserve the structure. 7. The spirit of the ordinance will be observed, pubic safety and welfare will be secured and substantial justice will be done because: Over thc years thc Town has rejected efforts to redevelop the property with modem condominiums or waterfront subdivisions with impressive homes. The only alternative to maintaining the existing Breezy Shores Community is a standard subdivision of 31 homes on 82 acres. This community will remain if the cottages are permitted to be restored, which for many of the units may necessitate "demolition" to comply with the current construction standards. As set forth above (#4), the "purpose" of R-80 zoning is to" prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy". This describes the continuation of the Breezy Shores community. In conclusion, a "Use Variance" for unit #5 must be granted. Pa '~F--ai~a C. Moore, Attorney 51020 Main Road Southold, NY 11971 AFFIDAVIT STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) LEIGH H. CORTEZ, being duly sworn, deposes and says: 1. ! am associated with the law firm of Cohen & Warren, P.C. and as such am familiar with the facts set forth herein. 2. The law firm of Cohen & Warren, P.C. is the transfer agent for Breezy Shores Community, Inc. and as such is charged with handling all transfers of shares in connection with any sale of a cooperative apartment within Breezy Shores Community, Inc. 3. Based upon a review of the files maintained by Cohen & Warren, P.C. and the documentation provided by the parties to the transfers, the following are the purchase prices for all transfers in 2010 and 201 l: Date Apt. # Shares Purchase Price 4/14/I 0 23 I $350,000.00 7/29/10 11 I $325,000.00 8/2/10 10 I $325,000.00 3/8/1 l 16 I $295,000.00 5/23/11 25 1 $250,000.00 12/29/11 19 I NA (Intra-family transfer) 4. To my knowledge, there have been no transfers in 2012. Sworn to betbre me this !l 30th day of April, 2012 SUSAN S. KRILL Notary Public, State of New York No. 01 KR4795663 Qualified in Suffolk County~ ~/ Commission Expires Aug ust 31, .'~L-cJ BOARD MEMBERS Leslie Kanes Weisman, Chairpergon .lames Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider 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 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 3, 2012 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~ MAY 3~ 2012: 2:50 P.M. - HERNAN MICHAEL OTANO (BREEZY SHORES) #6557 - Request for Variance from Article XXlII Code Section 280-t23 and the Building Inspector's December t2, 2011, updated March 6, 2012 Notice of Disapproval based on an application for building permit for demolition and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, located at: #5 Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5- 12.6 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 contact our office at (631) 765-t809, or by emaih Vic ki. Toth(~,Town. Southold. ny. us. Dated: April 6, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box tt79 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 OTANO, HERNAN (BREEZY SHORES) #6557 MAP # 53.-5-12.6 VARIANCE NONCONFORMING BLDG/USE REQUEST DEMO/CONSTRUCT COTTAGE DATE: THURS, MAY 3, 2012 2:50 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 #10649 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successfully commencing on the 19th day of April, 2012. I Sworn to before me this r'~ ~'~-~.~/ day of (~(.~-'(--~¢/~ P/r-~(/cipal2012. Clerk NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 Qualified In Suffolk Cour~ty My C6mml~tlon Expires Febrl~aiy 2E, 2016 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 3, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zouing),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY MAY 3. 2012: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing April 5, 2012 10:0$tA.M.-OLIVER and GLORIA 10:g0 A.M. - ROBt~RT SULLIVAN g6563 - Request for Variance from Arti- cle XXI1 Code Section 280-116(B) based on an application for building permit an6the Building Inspector's February 8, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at;l) less than the code required bulkhead setback of 75 feet, located at: 2715 Nassau Point Road (adj. to Hog Neck Bay) Cutchngue, NY. SCTM#1000-104-13-8 10:40 A.M. - LINDA PIZZQLLA #6564 - Request for Variances from Ar- tiale IV Code Section 280-18, based on an application for building permit and the Building Inspector's January 24, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1) less than the code required front yard setback of 50 feet to Cartington Road, 2) less than the code required front yard set- back of 50 feet to Nassau Point Road, located at: 4800 Nassau Point Road (cor- ner Carrington Road) Cutchngue, NY. SCFM#1000-111-8-11&12 11.'00 A.M. - ELIZABETH A. GARD- NER #6960 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building per- mit and the Building Inspector's March 8, 2012 Notice of Disapproval cogcerning screen porch with outside shower over ex- istuig deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenpert, NY. SCTM#1000-47-2-30 11:20 A.M. - RICHARD MEYER- HOLZ g6556 - Request for Variances from Article XXIII Code Section 280- 124, based on an application for build- ing permit and the Building Inspector's January 12, 2012 Notice of Disapproval concerning proposed demolition and re- construction of a single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum side yard set- back of 10 feet , 3) less than the code required total combined side yards of 25 feet, 4) more than the code permitted lot coverage of 20% maximum, at: 4245 Bay Shore Road (adj. to Pipes Cove (Shelter Island Sound)) Greenport, NY. SCTMg1000-53-6-23 11:40 A.M. - JUSTIN and SUSAN SMITH g6561 - Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 based on an application for budding permit and the Building Inspector!s July2-9,201 l~updat- ed March 20, 2012 Notice of Disapproval concerning addition and alteration to an attached by breezeway accessory garage, at; 1) less than the code required front yard setback of 40 feet, 2) more than the maximum height allowable of 22 feet, located at; 1040 Founders Path (corner Landon Road) Southold, NY. SCTM# 12:00 P.M. - LAURA YANTSOS #6562 - Request for Variance from Ar- ticle XXIII Section 280-124 based on an application for building permit and the Building Inspector's Mated 6,'2012 Notice of Disapproval concerning "as built" addition to an existing single fam- ily dwelling, at; 1) less than the code re- quired side yard setback of 10 feet, lo- cated at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, NY. 1:20 P.M. - LISA and DAVID CI- F~RELLI #6488 - (Re-Onened from Au_~ust 4. 2011 nubile hearine. I On Au- gust 18, 2011 the Zoning Board of Ap- peals granted a front yard, rear yard and side yard variance to the applicant based upon a Request for Variances from Ar- ticle XXIII Code Section 280-122 based on a building permit application for ad- ditions and alterations to a nonconform- ing building, located at; 1335 New Suffolk Road Cutchogue, NY. SCTM# i000-109- 7-9.3. The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motion to re-open the pubY~c hearing to consider additional facts not in the record concerning tw6 prindpal uses on the site and compliance with lot area requirements as set forth in the memorandum from the Planning Board to the Zoning Board of Appeals dated February 15, 2012 and other pertinent Town records Carryover Hearings, continued from prior meetings and pending additional Adjourned from Public Hearing April 5, 2012 2:00 P. M. - WILLIAM TONYES ~ g6553 2:15 P.M. - GEORGE SCHNEIDER Avenue (comer Willow Street), Cu- tchngue, NY. SCTM#1000-103-7-20 2:30 P.M. - BARRY ROOT #6589 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 14, 2012 Notice of Disapproval eon- ceming proposed partial demolition and reconstruction with additions to a single family dwelithg, at; 1) less than the code required bulkliead setback of 75 feet, located at: 6315 Indian Neck Lane (adj. to Richmond Creek) Pecon/c, NY. SCTM#1000-86-6-20 2:50 P.M.. IqI~RN~.N M1CHAEL OTANO (BREEZY SHOP. ESl g6557'- Request for Variance from Article XXIII Code Section 280-123 and thc Building Inspector's December 12, 2011, updated March 6, 2012 Notice of Disapproval based on an application for building per- mit for demolition and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, struc- turally altered or moved, unless such 1Q,649-1T 4/19 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of HERNAN MICHAEL OTANO (BREEZY SHORES) # 6557 (Name of Applicant) CTM Parcel #1000-53-5-12.6 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 16th day of April, 2012, 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. /(Signa~ure~' }/ v / BETSY(,~glS~ Sworn to before me this /'77`// day of April, 2012 '(' (N~'otary Public) MARGARET C. RUTKOWSKI Notary Pul)tic, State of New York No, 4982528 Qualified in Suffolk Cour~ ~. Commission Expires June 8, ~, c~/.5 hO~R~ 51020 MAIN ROA SOUTHOLD NY 4. Restricted Delivery? Service Type 2. Article Number p .:,.,.-,.,-, ,:,,0:,. 7192 6463 3110 0001 1672 1. Article Addressed To: CORRAZZINI BROTHERSD PO r, : 1281 CUTCHOGUE NY 11935 MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 Received By: C. Date of Delivery -~-i~-~ ................................. Slate ZIp+ 7192 6463 3110 0001 1528 t. Article Addressed To: INDIRA & KURT F KLOTZER JR 1710 KERWIN BLVD GREENPORT NY 11944 7192 6463 3110 0001 1566 t. Article Addressed TO: DIANN LASTIHENOS lB NORMAN CT DIX HILLS NY 11746 Date: 04/16/12 Adjoining lots to: Name: Breezy Shores SCTM# 1000-53-5-12.6 53-2-29.1 LI RR Attn: Kenneth Rydzewski Jamaica Station Mail Code 3146 Jamaica NY 11435 52-5-59.10 Agr lot Christian Biaz PO Box 726 Southold NY 1435 Aibertson Lane 56-4-24 Edwin Tuccio 64175 Rte 25 193 Griffing Ave Riverhead NY 11901 57-1-39.2 Robert Wieczorek & Rita Reis PO Box 1725 Southold, NY 11971 Tarpon Drive 53-5-12.6 Breezy Shores Assn Owners of Property in question PO Box 1186 Westhampton Beach, NY 11978 57-1-38.3 Brick Cove Realty PO Box 455 Southold, NY 11971 1760 Sage Blvd 53-5-2 Karol & Marzenna Filipkowskl PO Box 356 Cutchogue, NY 11935 65370 Rte 25 53-5-3 George & Stavroula Protonentis 261 76th St Brooklyn NY 11209 215 Tarpon Dr 53-5-4 Semour & Adelaide Brittman PO Box 1247 Southold, NY 11971 325 Tarpon Dr 53-5-5 Albert & Dorothy Wieck 465 Tarpon Dr Southold NY 11971 53-5-6 Robert & Linda Bracken 25 Litchfield Rd Port Washington, NY 11050 575 Tarpon Dr 51020 M~KiN-ROAD SOUTHOLD ~,N¥ ~119,71 Signature: (~Addrc~,~se~ or E~/Agent) Received By: (Please Print Clearly// Secondary Address I Suite I Apt I Floor (Please print Clearly) MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature: ([3Addressee or E3Agent) B. Received B~; ~e~e Print C/early) C.Date of Delivery [~// 7 MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIF0 2, Article Number 7192 6463 3110 0001 1535 7192 6463 3110 0001 1535 Article Addressed To: FRED ° DOROTHEA SALZBERG 2890 KERWIN BLVD GREENPORT NY 11944 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTI~=~ED 2. Article Number 7192 6463 3110 0001 1436 7192 6463 3110 0001 1436 1. Article Addressed To: MATTHEW & ELIZABETH BRODERICK 21 WILLIAM PENN DR STONY BROOK NY 11790 7192 6463 3110 0001 1412 :RT & DOROTHY WIECK TARPON DR ,UTHOLD NY 11971 53-4-44.40 53-4-44.5 53-4-44.6 53-4-44.7 53-4-44.8 53-4-44.9 53-4-44.10 53-4-44.3 53-5-9 53-5-10 53-5-11.2 53-5-12.8 August Acres Homeowners Assoc PO Box 709 Greenport NY Diann Lastihenos 10 Norman Ct Dix Hills, NY 11746 Karen & John Grayson Jr 334 Mineola BIvd Mineola NY 11501 Leonard & Jean Glazer 2180 Kerwin BIvd Greenport, NY 11944 David & Pamela Keiper 2390 Kerwin Blvd Greenport, NY 11944 Andrew & Susan Aurichio PO Box 2104, Greenport NY 11944 Dennis W Pembroke 2710 Kerwin Blvd Greenport, NY 11944 Possilico Construction Co 346 Maple Ave Westbury, NY 11590 Gregory & Anne Cahill 524 E 20~h St NY, NY 10009 Varujan & Linda Arslanyan 1055 River Road PH 11 Edgewater, NJ 07020 Leszek & Krystyna Gesiak PO Box 1783 Southold, Ny 11971 Kedjierski Living Trust Fam Shr PO Box 438 Southold, NY 11971 10 Pheasant La 1860 Kerwin Bivd 2560 Kerwin Blvd 1540 Kerwin BIvd 1180 Sage Blvd 1280 Sage Blvd 1600 Sage Blvd 1700 Sage Blvd Page - 3 51020 MAIN ROAD SOUTNOLD NY 11971 MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 (Please C. Date of Detivery D.^ddressee's Address APl:{ 1 7 I MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 7192 6463 3110 0001 1351 t2 6463 3110 0001 1351 WIECZOREK & RITA REIS PO BOX 1725 SOUTHOLD NY 11971 4. Restricted Delive¢¢,~13. Service Type I (Extra Fee) r--]yes' I' r C~ 7192 6463 3110 0001 1443 I To: BERT WIECZORECK & RITA REIS BOX 1725 SOUTHOLD NY 11971 4. Restricted Deh, ery? 3. ~ervi~e Type (Extra Fee) r~ Yes CERTIFIED '2. Article Number 7192 6463 3110 0001 1511 7192 6463 3110 0001 1511 1. Article Addressed To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 53-5-7 53-5-8 53-6-46.8 57-2-42.5 57-2-42.6 53-6-46.7 53-2-28 53-4-44.1 Matthew & Elizabeth Broderick 21 William Penn Dr Stony Brook, NY 11790 Robert Wieczoreck & Rita Reis noticed above Hildreth H Ltd Partnership 51 Main St Southampton, NY 11968 Joan Schneider 836 N Broadway Apt 1E Yonkers, NY 10701 Edwin Latson PO Box 655 Greenport, NY 11944 Louis Vullo 57-27 162Rd St Fresh Meadows, NY 11365 Corrazzini Brothers PO Box 1281 Cutchogue, NY 11935 James Posillico 346 Maple Ave Westbury NY 11590 695 Tarpon Dr 835 Tarpon Island View Lane 1605 Island View La 1150 island View La 1980 August La 67240 Rte 25 500 Kerwin Blvd 53-4-44.39 Town of Southold 53095 Rte 25 Southold, NY 11971 1370 Kerwin Blvd 53-4-44.4 53-4-44.11 Indira & Kurt F Klotzer Jr 1710 Kerwin BIvd Greenport, NY 11944 Fred & Dorothea Salzberg 2890 Kerwin BIvd Greenport, NY 11944 Jeffrey & Suzanne Sykes 3040 Kerwin Blvd Greenport, NY 11944 Page - 2 MOORE LA~ OFFICE~ 51020 MAIN ROAD S OUTH~'~:~~ 11971 C. Date of Delivery dAMES POSILLI£O 346 ;TAPLE AVE STE. 12 WESIBURY NY 11590 M~ORE L A W -,~t~191EE~ 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0001 1344 I~, MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0001 1344 Article Addressed To: EDWiN TUCCIO 19S £~IFFING AVE RIVERHEAD NY 11901 4. Restricted Delivery? I 3. Service Type (Extra Fee) [] Yes CERTIFIED 2, Article Number 7192 6463 3110 0001 1375 7192 6463 3110 0001 1375 1. Article Addressed To: BRICK COVE REALTY PO BOX 455 SOUTHOLD NY 11971 RECEIPT 7192 6463 3110 00ol 1672 FROM:~ SENp TO: ~ FEES: Postage 045 Caddied Fee 295 Return Receipt 2 35 Restricted TOTAL $ 5.75 RECEIPT 7192 6463 3110 0001 1542 FROM: Moore Law Offices RE: OTANO ZBA hearing SEND TO: jeffrey & Suzanne Sykes Greenport NY 11 ~ FEES: Postage 045 CerSfied Fee 295 Return Receipt 2 35 Restricted TOTAL $ 5.75 RECEIPT eR RECEIPT RECEIPT O · ' RECEIPT 7192646331100001 1504 7192646331100001 1511 7192646331100001 t 7192646331100001 1535 FROM: OM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices Moore Law Offices RE OTANO ZBA hearing RE OTANO ZBA hearing RE: OTANO ZBA hearing RE OTANO ZBA hearing SEND TO: SEND TOt SEND TO: SEND~T-'~: ~ames PosilliCO Town of Southold ~: Indira & Kurt F Klotzer Jr . ¢'¢~ed & Dorothea Sal~berg ¢346 Maple Ave Ste 12 PO BOX 1179 r, 1710 Kerwin I~lvd /~ 2890 Kerwin BI~Yr, , Wtcstbury NY 11590 Southold NY 11971 ' Greenport NY 11944 FEE~ ~ FEES: FEES: 'FEES: Posta~ 045 Postage 045 Postage 045 Postag~ -. / 045 TOTAL $ 5.75 TOTAL $ 5 75 TOTAL $ 5.75 TOTAL $ 5.75 RECEIPT RECEIPT RECEIPT 7192 6463 3110 000~ 1573 RECEIPT 7192 6463 3110 0001 1559 7192 6463 3110 0001 1566 7192 6463 3110 0001 1580 FROM: FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices RE OTANO ZBA hearing Moore Law Offices RE: OTANO ZBA hearing RE OTANO ZBA hearing RE OTANO ZBA heedng / ? ~ ' SEND TO: SEND TO: SEND TO: _.~ SEND TO: Y.~en & John Grayson Jr I' ~,~ug u st Acres~Homeow~ers Assoc . Dian~ Lastihe~3s 334 Mineola B~, Leonard & Jean Grazer , ~O Box 709~., IO Norman Ct Mineola NY 11~ 2180 Ker~n 6{vd \ Greenporl ~ 1944 ¢ D~x Hil!s NY 11746 Greenport NY 11944 FEES:- FEES: ' FEES: FEES: Posta9e 0 45 Postage 045 Pos~tag e 0 45 Certified Fee 295 Postage 045 Cer[~ed Fee 2 95 Cedifi~ Fee 2 95 Return Receipt 235 Certified Fee 295 Return Receipt 2 35 Return Receipt 235 Restricted Return Receipt 2 35 Restricted Restricted Restricted TOTAL $ 5.75 TOTAL $ 5.75 TOTAL $ 5.75 TOTAL $ 5.75 RECEIPT RECEIPT RECEIPT RECEIPT RECEIPT 7192 6463 3110 0001 1597 7192 6483 3110 0001 1603 7192 6463 3110 0001 1610 7192 6463 3110 0001 1627 7192 8463 3110 0001 1634 FROM: FROM: FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices Moore Law Offices Moore Law Offices RE OTANO ZBA hearing RE OTANO ZBA hearing RE OTANO ZBA hearing RE OTANO ZBA hearing R~: OTANO ZBA hearing SEND TO: SEND TO: David & Pame~a Ke[per Andrew & Susan Aurichio 2390 Kerwin Bird PO Box 2104 Greenpo~t NY 11944 Greenpoft NY 11 FEES: FEES: Postage 0 45 Postage 0 45 Cedfied Fee 2 95 Certified gee 2.95 Return Receipt 2 35 Return Receipt 2 35 Restricted Restricted TOTAL $ 5.75 TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE SEND TO: , SEND TO: SEND TO: ! Dennis w Pembroke Pessilico Constr~ction Co Gregory & A~ne Cahil~ 9710 Kerwin Bird 346 Maple Ave Ste. 12 524 E 20th St Greenport, ~ 1 1944 Westbury NY 11590 NY NY 1000~J FEES: FEES: FEES: Postage 0 45 Postage 0 45 Postage 0 45 Certified Fee 295 Ced fled Fee 2 95 Certified Fee 2 95 Return Receipt 2 35 Return Receipt 235 Return Receipt 2 35 Restricted Restricted Restricted TOTAL $ 5.75 TOTAL $ 5.75 TOTAL $ 5,75 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE RECEIPT RE(~EIPT ~ 7192646331100001 1320 7192646331100001 t FROM: FROM: Moore Law Offices Moore Law Offices RE: OTANO ZBA hearing RE: OTANO ZBA hearing SE,'I~D TO: SEND TO: LI RR Attn: Kenneth Rydzewsk~ Christian Biaz Jamaica Sfetion Mai[ Code 3146 PO Box 726 ' 'Jamaica NY ~1435 Seuthold NY 11971 FEEs: FEES: C er[tiled Fee 2 95 Postage O 45 Return Receipt 2 35 Certified Fee 2 95 Return ReCeipt 2 35 Restricted Restricted TOTAL $ 5.75 TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE RECEIPT RE( RECEIPT 7192 6463 3110 0001 13aA 7192 6463 7192 6463 3110 0001 1368 FROM: FROM: FROM: Moore Law Offices Moore Law es Moore Law Offices E~'~n Tuccio _ c ta Breezy Shores Assn Ri~erhead NY 1~1 ', / PO BOX 1725 PO Box 1186 outhe~d NY 11971 'vVgsthampton Beach NY 11978 FEES: FEES: FEES: Postage 0 45 Postage 0 45 Postage 0 45 Cedified Fee 2 95 Ceriff~ed Fee 295 Certified Fee 2 95 Return Receipt 2 35 Return Receipt 2 35 Return Receipt 235 Restricted Restricted Restricted TOTAL $ 5.75 TOTAL $ 5.75 TOTAL $ 5.75 POSTMARK OR DATE POSTMAEK OB_DATE_ POSTMARK OR DATE RECEIPT RECEIPT 7192646331100001 1375 7192646331100001 1382 FROM: FROM: Me(he Law Offices Moore Law Offices RE: OTA~NO Z~A hearing RE: QT~/q O ~'BA hearing /' ~: / !S~ND TO~ ': ~, ND TO:~. FEES:' - TOTAL $ 5.75 TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6463 3110 000~ 1429 FROM: RECEIPT 7192 6463 31 lO O0Ol 1436 FROM: TOTAL $ 5.75 POSTMARK OR DATE SEND TO: FE~S: a ~,., ~osta~e~'~ I ~ ~, 0.4~ ~e~ied F~ ~ ~/~ 95 ~d / TOTA~LZ ~ S POSTMARK OR DATE Certified Fee 2 95 Return Receipt 235 Restricted TOTAL $ 5,75 POSTMARK OR DATE RECEIPT RECEIPT 7192 6463 3110 0001 1399 7192 6463 3110 0001 1405 FROM: FROM: Moore Law Offices Moore Law Offices RE: OTANO ZBA hearing RE: OTANO ZBA hearing ' spr TO: ES: ::7 ~R~ ....... 2 35 TOTAL $ 5.75 POSTMARK OR DATE RECEIPT 7192 6463 3110 (3001 1351 FROM: Moore Law Offices TOTAL $ 5.75 POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 1412 FROM: Moore Law Offices RE: OTANO ZBA hearing SENDT~'.,',,'' ~/' -, AIbe~t &~Iothy 'q~eck ~ ~ 465!Tarpon Dr FEES~ /' Posta 0 45 Return Rece~ :~ 35 TOTAL $ 5.75 POSTMARK OR DATE RECEIPT RECEIPT 7192 6463 3110 0001 1450 7192 6493 3110 0001 1467 FROM: FROM: Moore Law Offices RE: OTANO ZSA hearing MOore Law Offices RE OT,~*~D ZBA hearing SEND TO: ~, SEND TO: FEES: FEES: Postage 049 Postage 045 Certified Fee 2 95 Cerirfied Fee 2 95 Return Receipt 235 Return Receipt 235 Restricted Restricted TOTAL $ 5.75 TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of HERNAN MICHAEL OTANO (BREEZY SHORES) # 6557 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-53-5-12.6 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 th~"'day of April, 2012, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, Patricia C. Moore Sworn to before me this day of~2012 Qualified in Suffolk Counte-'3 . Commission Expires July 18, ~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. 51020 MAIN ROAD SOU?HOLD NY 11971 (Extra Fee) [] Y es CE~TIH~D 2. Article Number 7192 6463 3110 0001 1405 7192 6463 3110 0001 1405 Addressed To: & ADELAIDE BRITTMAN BOX 1247 gOUTHOLD NY 11971 City MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 ZIp · 4 Code A. Signature: (DAddressee or [3Agent) X B. Received By: (Please Print clearly) C. Date of Delivery 7192 6463 3110 0001 1320 1, Article Addressed To: LIRR ATTN: KENNETH RYDZEWSKI JAMAICA STATION MAIL CODE 3146 JAMAICA NY 11435 I SOUTHOLD NY 11971 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 1719 Received ~192 6463 3110 0001 1719 ;. Date of Delivery cie Addressed To: BREEZY SHORES ASSN- PO BOX 925 MATTITUCK NY 11952 SOUTHOLD NY 11971 B. Received r~y: (Please Print Clearly) ~ORE LAW OFFIC~ 51020 MA,I~~ S 0 U T ~.'~ ~"? 13971 MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 · ~Agent) Received E (Please Print Clearly) Date of Delively ~/~'/ ~.~ 1 2. Article Number 7192 6463 3110 0001 1399 7192 6463 3110 0001 1399 I. Article Addressed To: GEORGE & STAVROULA PROTONENTIS 261 76TH ST BROOKLYN NY 11209 7192 6463 3110 0001 1~59 t, Article Addressed To: AUGUST ACRES HOMEOWNERS ASSOC PO BOX 709 GREENPORT NY 11944 4. Restricted Delivery? I a. Service Type (Extra Fee) [] Yes CERTIFIED 2, Article Number 7192 6463 3110 0001 1634 7192 6463 3110 0001 1634 1. Article Addressed To: GREGORY & ANNE CAHILL 524 E 20TH ST NY NY 10009 MOORE LAW OFFICES S1020 MAIN ROAD SOUTHOLD NY 11971 C. Date of Delivery or [3 Agent) MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 nature: (~Addressee Received By: (Please Print Clearly) MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 13. Service Type (Extra Fee) [] Yes CER~ED 2. Article Number 7192 6463 3110 0001 1580 7192 6463 3110 0001 1580 t. Article Addressed To: LEONAR~ & JEAN GLAZER 2180 K£~WIN BLVD GREENPORT NY 11944 J 4. Restricted DeUvery? J 3. Service Type (Extra Fee) r-]Yes CERTIFIED 4. 7192 6463 3110 0001 1474 Article Addressed To: LATSON~ P0 BOX 655 4. Restricted Delivery? J3. Se~ice Type m 2, ArtJc~e ~umber 646 7192 6463 3110 0001 1573 t. ArtlcJe Addressed To: KAREN & JOHN GRAYSON JR 334 MINEOLA BLVD MINEOLA NY 11501 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: delivery add [] Agent [] Addressee C. Date of Delivery [] Yes [] No [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (E~dta Fee) [] Yes , PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 MOORE LAW OFFICES 4. Restricted Delivery? 3. Se~y~'~---- 51020 MAIN ROAD (ExtraFee) E:]Yes CERTIFIED S0UTHOLD NY 11971 IZ Article Number 7192 6463 3110 0001 1368 7192 6463 3110 0001 1368 t. Article Addressed To: city stale zip + 4 Code MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 BREEZY SHORES ASSN PO B~X 1186 WESTHAMPTON BEACH NY 11978 7192 6463 3110 0001 1641 Secondary Address / Suite Delivery Address 1. Article Adllressed To: VARUJ~ LINDA ARSLANYAN 1055 ~R ROAD PH 11 EDGEWATER NJ 07020 MOORE LAW OFFICES 51020 MAIN ROAD S.OUTHOLD NY 11971 7192 6463 3110 0001 1658 1. Article Addressed To: LESZEK & KRYSTYNA GESIAK BOX 1783 SOUTHOLD NY 11971 City Z~p + 4 Code MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 Received By: (Please Print Clearly) Date of Be~j~e~ry/ ~ ~ (Extra Fee) [] Yes CERTIFIED 7192 6463 3110 0001 1603 7192 6463 3110 0001 1603 Article Addressed To: ANDREW & SUSAN AURICHIO[] PO BOX 2104, GREENPORT NY 11944 MOOR~ ~;AW %¢~.~- 4. Restricted Delivery? 3.~e~mce'~Zyp'--e 5102d f~IN R0!k'~; ExtraFeeF--I Yes CERTIFIED SOUTHOLD NY 11971 ( 2. Article Number 7192 6463 3110 0B01 1542 A. Signature (E3Addressee ~r [~,~lqge~t) I C. Date of D ivery 7192 6463 3110 0001 1542 t. Article Addressed To: JEFFREY & SUZANNE SYKES 3040 KERWIN BLVD GREENPORT NY 11944 .,'~i ' __ ..... -~: _ ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,May 3, 2012 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 16th: 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__! 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 Southold Town Assessors' Office, 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, prov d nq the returned letter to us as soon as possible; AND not later than April 23rd: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, along 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 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before May 1, 2012. 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, '& "~"' Page 1 of 2 Toth, ¥icki From: Patricia C. Moore [pcmoore`1rg. optonline.net] Sent: Friday, March 23, 20'12 3:'18 PM BOARD OF APPEALS To: Toth, Vicki Subject: Fwd: FW: Use Variance Terms Hi Vicki- I received this communication. Please forward this letter to the Zoning Board. Do you know when the use variance will be scheduled? Thank you. Pat ........ Original Message ........ Subject:FW: Use Variance Terms Date:Fri, 23 Mar 2012 12:17:58 -0400 From:Leigh Cortez <lcortez~cohenandwarren.com> To:'Patricia C. Moore' <pcmoorel ~optonline.net> CC:'Michael Cohen' <mcohen~cohenandwarren.com> Pat, For your information, below is a letter that was sent by the board to your client. Regards, Leigh Leigh H. Cortez Cohen & Warren, P.C. 80 Maple Avenue P.O. Box 768 Smithtown, New York 11787-0768 (P) 631-265-0010 (F) 631-265-0853 Icortez~cohenandwarren.com From: boardemail@breezyshores.com [mailto:boardemail@breezyshores.com] On Behalf Of Breezy Board Sent: Friday, Harch 23, 2012 12:11 PM To: otano@mac.com Cc: Board; mcohen@cohenandwarren.com; Icortez@cohenandwarren.com Subject: Use Variance Terms March 23, 2012 VIA ELECTRONIC MAIL otano~mac.com and REGULAR MAIL Mr. Heman Otaflo 516 East 1 lth Street. Apartment #5A New York, New York 10009 3/23/2012 Page 2 of 2 Re: Breezy Shores Community, Inc. ("Breezy Shores") with Otafio Dear Mr. Otafio: You originally submitted an application to the Zoning Board of Appeals for the issuance of a Building Permit on the ground that the restoration to be performed on Cottage 5 was "in-kind, in-place" construction of less than fifty percent (50%) of the structure. You also made a request that all of the cottages at Breezy Shores be deemed to be permitted uses rather than non-conforming uses. After conducting the first day of the hearing and following several telephone conferences with thc Assistant Town Attorney, our attorneys have advised us that you have revised your application and you are now asking the Zoning Board of Appeals for a use variance with respect to Cottage 5. The Board of Directors has provided the Zoning Board of Appeals and your attorney with its consent for you to make such an application notwithstanding that Breezy Shores is the fee owner of thc property upon which Cottage 5 sits. Please be advised that any and all expenses associated with or arising from your application for such a use variance will be your sole responsibility, in addition, in the event the ZBA requires any changes or upgrades to Breezy Shores' property as a condition to its granting of such a use variance, no such changes or upgrades shall be made without our express written consent which may be granted or withheld in our discretion. If such consent is granted, you will be solely responsible for the cost of any such upgrades or changes. In addition, the Board of Directors will hold you responsible for all legal fees incurred by the corporation which have resulted from and which will result from our involvement with your application. Respectfully, Breezy Board No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.455 /Virus Database: 271.1.1/4285 - Release Date: 03/22/12 19:55:00 MAR ~ 3 20!2 BOARD OF APPEALS 3/23/2012 Robert I. Brown Architect P.C. with Fairweather Design Associates 205 Bay Avenue, Greenport, NY 11944 fbdainc~optonline.net 631-477-9752 March 16, 2012 Town of Southold Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re~ Otano Application Breezy Shores, Unit #5 Property SC tax map # 1000- 53-5-12.6 Sage Boulevard, Southold, NY Leslie Kanes Weisman, Chairperson and Board: Attached please find the breakdown of work done on the above referenced project, on which I have based my judgment that less than 50% of the existing structure has been demolished. As I have stated, to the best of my knowledge, belief and professional judgment, while the exterior walls were replaced, the existing roof structure and floor structure, and the majority of existing interior walls remain, leading to the conclusion that both in square footage and value, less than 50% of the existing structure has been demolished. If you have any questions, please feel free to contact me. Thank you for your attention to this matter. Rol~ert I. Brown, Architect Robert I. Brown Architect, P.C. with Fairweather Design Associates 205 Bay Avenue, Greenport, NY 11944 fbdain¢~optonline.net 631-477-9752 MARCH 16, 2012 OTANO RESIDENCE ASSESSMENT OF DEMOLITION DONE TO EXISTING STRUCTURE BOARD O~ App~ALs FOUNDATION: EXISTING LOCUST POSTS REMOVED INTERIOR WALL FRAMING: REMOVED: 188 SQ. FT. EXTERIOR WALLS: REMOVED: 1,068 SQ. FT. ROOF STRUCTURE: REMOVED: 180 SQ.FT. FLOOR STRUCTURE: REMOVED: 168 SQ.FT. CEILING STRUCTURE: REMOVED: 0 REMAINING: 562 SQ.FT. REMAINING: 0 REMAINING: 936 SQ.FT. REMAINING: 625 SQ.FT. REMAINING: 625 SQ.FT. TOTAL REMOVED: 1,604 SQ.FT. OF STRUCTURE TOTAL REMAINING: 2,748 SQ.FT. OF STRUCTURE THIS ASSESSMENT DOES NOT INCLUDE SURFACE MATERIALS, WHICH MAY BE, AND USUALLY ARE REPLACED WITHOUT NEED FOR A BUILDING PERMIT. THESE REPLACEMENTS ARE USUALLY DUE TO WEAR AND TEAR, OR AESTHETIC JUDGMENT. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider 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 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 20, 2012 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ZBA Application #6557, Otano Dear Ms. Moore: Transmitted for your records is a copy of the Board's July 19, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincer~:d~, Vicki Toth Encl. Cc: Building Dept. I I