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HomeMy WebLinkAbout6697 sDev ©R t (;oAD ko,4), 7i-i vCt, 9? S ;Gtr G i L - Acv' ApH~1 ?~t.7, , cc~ Q.c.DG' ~eroVe~ tt~2c1r BOARD MEMBERS 0 f soU Southold Town Hall Leslie Kanes Weisman, Chairperson hO~~ ry~~0 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes * # Office Location: Gerard P. Goehringer Q Town Annex /First Floor, Capital One Bank George Horning ;2 • ,~pp~O 54375 Main Road (at Youngs Avenue) Ken Schneider A Ufl l Southold, NY 11971 http://southoldtown.notlhfork.net RECEIVE ZONING BOARD OF APPEALS 3 L, 0 TOWN OF SOUTHOLD 0G 2 -2013 Tel. (631) 765-1809 • Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2013 ZBA Application No.: SE 6697 Applicants/Owners: Christian Rogers and Daniela Vitali (CV) Property Location: 5020 Oregon Road, Mattituck, NY SCTM# 1000-95-03-4.1 SEORA 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 requirements 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 October 8, 2013 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property is 19,928 square feet with 100 feet along Oregon Road. The property is improved with a single-family two-story residence and a two-story accessory structure as shown on the 6/17/2004, last updated 5/7/2013, survey (sire plan) by John C. Ehlers, L.S. The accessory structure has a CO of record dated 1/21/2005 under Certificate of Occupancy # Z-30707 confirming that the accessory structure was built prior to January 1, 2008. ADDITIONAL INFORMATION: The applicants submitted verification of closing on the contract of sale of the property on October 21, 2013 and plan to reside in the existing single family dwelling as their principal residence. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on November 7, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and the surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article Page 2 of 3 November 21, 2013 ZBA#6697 - RogersNitah SCTM# 1000-95-3-0.1 III, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the second floor of the existing garage with an area of 728 Sq. Ft as described and shown on the floor plan by James J. Deerkoski, P.E. dated April 23, 2013 and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area" dated October 2, 2013 and received by the Board of Appeals on Oct. 2, 2013 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. 3. The applicant herein, owns and resides at the property as documented by a recorded deed and will continue to occupy the single-family dwelling as a principal residence while the Accessory Apartment is occupied in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(1-4 4. The occupants of the accessory apartment will be a family member, the owner's sister, as proved by a sworn affidavit, and the occupancy shall not exceed the number of persons permitted. The owner will comply with Section 280-13(D). 5. The owners' plans comply with the on-site parking requirements and provide for a total of four (4) parking spaces, two for the principal use and two for the Accessory Apartment, utilizing the existing driveway areas, as shown on the site plan or survey by John C. Ehlers, L.S. dated 6/17/2004, last updated 5/7/2013. 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion is/shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Schneider, seconded by Member Horning, it was RESOLVED, to Page 3 of 3 November 21, 2013 ZBA#6697- Rogers/Vitah SCTM#1000-95-3-4.1 GRANT a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an annual inspection by a Code Enforcement Officer from the Building Department. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE: This Special Exception permit cannot be transferred to new owners Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Horning, Schneider, Dantes. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing// / /2013 Lg g2OUNTY OF SUFFOLK \L~( ~N4 Y a> RECEIVED [)C 12 S t0? ur' 11OARD OF APPEALS \ ~ Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment October 8, 2013 Town of Southold Zoning Board of Appeals 50395 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie K. Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal FUe Number True Light Church (Keith Benson) 6695 Preston-Reed, Incorporated 6696 Rogers (Christin) & Vitali (Daniela)* 6697 Estate of James J. Bissett 111 6698 *The Granting of the Special Exception Permit should not interfere or create a future impediment to any agricultural operations on the protected farmlands adjacent to the subject parcel. Very truly yours, Sarah Lansdale Director of Planning Ar. - Theodore R. Klein TRK/cd Senior Planner H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 8535191 \L ~OP. Southold Town Hall ~S t; BOARD MEMBERS At. $U(/jy0 i` Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 l0 Southold, NY 11971-0959 Office Location: Eric Dantes Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider U3m,~ Southold, NY 11971 http://southoldtown.northfork.net~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD i~ 'Fel. (631) 765-1809 • Fax (631) 765-9064 OCT - 2 2013 { I i TO: SOUTHOLD TOWN BUILDING DEPARTMENT i RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application RECEIVED to establish an accessory apartment in an accessory structure ? li: ZBA Application No.: 6697 - Rogers, Christian and Vitali, Daniela (CV) OCT 19 Date sent to Building: 10/2/13 BOARD OFAPPEALS Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: pa~~dr~Pl~C~t c. r) Survec~ ~lC)ov IC~r~ Based on the information listed above The livable floor area is determined to be ~ square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: 'The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area... The livable floor area cannot be verified. COMMENTS: ;~_;t - wz/~/ Signature of review Date: /U /0//15 Adopted by the Board of Appeals: May 18, 2011 SURVEY OF r OPERTY 51TUATE: MATTITUCK TOWN: 5MTHOLD N SUFFOLK COUNTY, NY SURVEYED 06-11-2004 W E UPDATE 09-23-2004 UPDATE 05-01-2013 SUFFOLK GOUNTY TAX # S 1000-95-3-4.1 CERTA4W TO. c=Ws LudAmuim Commonwed& HSBC Home Mmtpp Cap. (USA) n ~ sew o a O7 p 'y~c~OJyO cp 60„ 'Lry s T vQ ~7 ~ • q, act ~ , M1• 63 C%~T ~60~q hAc)~os~ n n yam.. n~ '~lO~l' C\\ V 719~n~On w % C)n oa Q~ " d' N oGyQ~OF ~Qc oc y\~ 0"..K o FO 9 Cb; , \ ~ %0~~~ ~ ~0a~wa F7 fib, ~0 o~ 0K P<~0 ~ ~ or vGc ~'K~ OJ a• Ocr 1 2013 of NF~y ~cfar(~ c>f ~~~I-al.s y~ 7 Q~ rrrr•Irwr~•rrir. .~rw.rrrr •r:7 w NOTES: CF2 p? • MONUMENT FOUND tAN SuP rr • ~7 11w MkN1~11, .YYYrY• APEA = 19,928 S.F. or 0.46 ACRE JO~jj~( C. EBIERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LTC. NO. 50202 GRAPHIG SCALE I"= 30 RIVERHEAD,N.Y.11901 369-8=Fax369-8287 RBF.CAUsmV0hn\D0wmw"ft Dmpb0KW4W4W -218.pr0 32'-O" TO..... SLOPE' L4' PER FWT PITCH TO DRAIN mrx SEPTIC SYSTEM PLUMBING SCHEMATIC 4'-0" 241-011 N.T.S. 28310 28310 28310 4'-O" O 2'-9'/." x 4-114" 2'-9%/' x 4'-1'L• r 7'-6" K1- KITCHEN W I~ - OFFICE/DEN 00 141 00 cn 0.i w Generated by REScheck--Web Software o. Q Z O Compliance Certificate o O c zW~ v u, BATH 81_Bii bb N o En CaOe 2010 NewV ne~Y CmsEFVAM Cmsnonlion Code 6" L~aBm AoR117kCmnlr,A YO& Cmmudlon lope: 0in0b Fancy nl11Jed'I~pe /NEaation lfenlg 0egree1layl. 5M O O O EXISTING DECK O Cinuk ZPle: f ~ n ConsWc4on 51 bnnedAgelk Oespw7CdYlrador. ~ O Sf~6W1 2'-O" -6'• OPEGON Up Ct1iCVOG°E, Nee Yal Q v< r0., Ccey0ace 1J 6eNf131111COM loaonurvlN~tO Ywr VA lio u~ MYYhYlnnliY.bYYYY WMLIUy f11Ybro.WniM W W e WYN6n~tlYCrHW hnU.e N]TM'eNM1 WWW gYYw uwm WRNYIquaeNewpnkM. rv N u LIVING LIVING ROOM Zmet ~alFVmacoVel U.W.Spm MIS 311.0 CIA - xs - BEDROOM O CAhg:Flni6190iWfTWei No 21.0 DA as woo: wood Frane, lfin.ae 900 13.0 0:0 63 Wntlow w6h6Frane,x Palew lrn•E fig 0.320 x2 WNnhw:WmOiYane,2Palew LemE 19 11.310 6 0oon Canec 41 0.320 13 9'-6" 13'-7; 13'_7,/x" JAW l1 CaNptrmce 561p^rM mcplyoFe00mmy 0eelgl cemmm neretwwlknt Yw11F 1 Wlwny lbM14 gln~allhnl, mddner cehvl~lnakwk0wn 0e pnnll~plobm.Tbe w9wFeaoitlngn:0em0e42ne0 bnnelbex010NeNYatEcegy°nnlervlbn RECEIVED CmIFhIYllon Cam IequYaneNn nRE3cneckdYnl 311 b mlrytyllnbenertRmry reglOaneDCldeon0e nBSCnecolnipFrbn CneeM ltl M", x 28310 28310 2'-9%'.4'-1v,° OCT 1 2013 293to 1lmne-TYe 0grehm Oak 24--Op- 4'-O" BOARD OF APPEALS 321-0" April 23, 2013 2ND. FLOOR PLA R PLAN SCALE: 1/4" = V-0" SCALt: 1/4" = 1'-U" SHEET NO FINA FINAL MAP REV REVIEWED BY ZBA ~7 SEE SEE DECISION w^~oke ramt nom: wrzu,a DATI DATED l 1 1,2 d r3 Gib eaye , m. TOWN OF SOUTHOLD A )w / ZONING BOARD OF APPEALS Phone (631) 765-1809 (631) 765-9064 f 1F F I1/ F f APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN C T 1 2013 ACCESSORY APARTMENT IN AN ACCESSORY BUILDING U Application No.: BOAPU OI A.PPL-{si.`s Date Filed: Applicant(s) Name(s) Christian Rogers and Daniels Vitali (contract vendees pursuant to a Contract of Sae ate ugust , 2013 which is Applicant(s) Address attached hereto) 110 Bank Street, Apt. 5d, New York, New York 10014 (House No., Street, Hamlet, Zip Code and mailing address if different from physical address) Applicant(s) phone number(s) (917) 270-4119 [ 4f1we die me owners of the subject property [ ] I am the agent for the property owner and my Letter of Authorization and Transactional Disclosure Form is attached. A. Statement of Ownership and Interest: Joseph Shipman and Cathleen Shipman -ir(ate) the owner(s) of the property known and referred to as 5020 Oregon Road Mattituck 11952 House No. Street Hamlet Zip Code Identified on the Suffolk County Tax Maps as District 1000, Section 95 Block 3 Lot(s"J 4.1 Lot'Size 4b Zone DistrictA-C as shown on the attached deedand survey The above-described property was acquired by the owner(s) on July 9, 2004 Ywe hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to Section §280-13B(13) of the Zoning Ordinance to establish an accessory apartment in an accessory building as shown on the attached survey/site plan and floor plan(s) B. Project Description: Obtain a Special Exception Permit for an accessory apartment built on the second floor of an existing accessory building. C. The applicant alleges that the approval of this special exception would be in harmony with the intent and purpose of said zoning ordinance, and that the proposed use conforms to the standards prescribed therein and would not be detrimental to property or persons in the neighborhood for the following reasons: Both the existing principal dwelling and accessory apartment have been in existence for a substantial period of time and have not had any adverse effect on the neighboring property or the neighbors in this active farming community. 1. ~e Il'~ ~ 1 0 SECEIVED lQ~p I "1 STATE OF NEW YORK: OCT 7 2013 : SS. BOARD OF APPEALS COUNTY OF NEW YORK: CHRISTIAN ROGERS and DANIELA VITALI, being duly sworn, depose and say: We are the contract vendees pursuant to a Contract of Sale dated August 9, 2013 for the purchase of premises at 5020 Oregon Road, Mattituck, New York from Joseph Shipman and Cathleen Shipman. In order to purchase the property and close title, it is necessary for us to apply for a Special Exception Permit for an Accessory Apartment in an Accessory Building. After the closing of title we intend to occupy the one-family dwelling on the premises as our principal residence and change our address on our voter registration and driver licenses to 5020 Oregon Road, Mattituck, New York. The accessory apartment on the property will be leased to Arianna Rogers, who is the sister of Christian Rogers, as a year round tenant. Christian Rogers Dani a Vitali Sworn to before me this day of October, 2013 SOBIA ARSHAD CCUJJ _ FNotary ublic • State of New York Notary Public 0.01AR6252307 ie d in Nassau Count sion Expires LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 RECEIVED Tele. No. (631) 734-6807 O C T 7 M i Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com BOARD OF APPEALS RICHARD F. LARK MARY LOUFOLTS October 7, 2013 Ms. Vicki Toth Southold Town Zoning Board of Appeals 54375 Main Road P.O. BOX 1179 Southold, NY 11971 RE: Application of Christian Rogers and Daniela Vitali Special Exception Permit for an Accessory Apartment in an Accessory Building (SCTM #1000-95-3-4.1) Dear Ms. Toth: Pursuant to your request, I am enclosing an original and seven copies of an Affidavit of Christian Rogers and Daniela Vitali regarding occupancy of the premises. Very truly yourrs,q Richard F. Lark RFL/bd Enclosures D. The applicant alleges that the following standards prescribed by Section §280- 13(13)(13)(a)-(k) of the zoning ordinance will be met a. The accessory apartment will be located in the accessory building. b. The owner of the premises shall occupy either the existing single-family dwelling or the accessory apartment in the detached accessory structure as the owners' principal residence. The other dwelling unit shall be occupied by a family member as defined in Section §280-4 of the code or a resident who is currently on Southold Town's Affordable Housing registry and is eligible for placement, evidenced by a written lease, for a tern of one or more years. c. The accessory apartment shall contain no less than 450 square feet and does not exceed 750 square feet of livable floor as defined in Section §280-4 of the code d. The accessory apartment will be located on one floor of the accessory building and will contain only one full bathroom. e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey. f. Not more than one (1) accessory apartment shall be permitted on this parcel. g. No Bed and Breakfast facilities, as authorized by Section §280-13(Bx14) hereof shall be permitted in or on the premises for which an accessory apartment is authorized or exists. h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. i. This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. j. The existing accessory building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008, and is attached hereto. k. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter §280 of the Town Code of the Town of Southold. 1. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. ~tEC;EC°±F1 E. The property which is the subject of this application (check all that apply): [ ] has not changed since the issuance of the attached Certificates of Occupancy [ XJ has changed or received additional building permits. Certificates of Occupancy for Q ~T 1 1' these changes are attached or will be furnished [ ] has been the subject of a prior ZBA decision(s), copies are attached F P,' N t H 60aRu OWNERS: CONTRACT VENDEES: n ~O\ e 5i t ~Jos ph S an Christian ~,oge. s COUNTY OF SUFFOLK Owner Signature Cathleen Shipman ss.:baniela. Vitali STATE OF NEW YORK) - STATE OF ~W `YORK: COUNTY OF ak, yCv'( Sworn to before me this 30thdayofSeptember 2013 Sworn t before me th- day of (Notary Public) y P lic BARBARADIAMIN Revised 1! ar N"y RW ft%01NW Yak NoO1D11835100-8111 L Commission Expires Oct. 31,aBB-aaJ7 JUSTIN VILLALOBOS Notary Public, State of New York Qualified in Bronx County NO. 01V16227055 My Commission Expires 08-23-2014 APPLICANT'S PROJECT DESCRIPTION APPLICANT: Christian Rogers & Daniels Vitali DATE PREPARED: September 30, 2013 1. For Demolition of Existing Building Areas N/A Please describe areas being removed: N/A H. New Construction Areas (New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) N/A (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: 2,268 sq. ft Proposed increase of building coverage: None Square footage of your lot: 19,928 sq. ft. Percentage of coverage of your lot by building area: 119 V. Purpose of New Construction: N/A VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): iz ,yi J flat, no difficulty /IY(110 OCT j &3 Please submit 8 sets of 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. (attached hereto) 4/20 12 m - ..rr '.1 ! i1 i i I I L =Mau EM 1 Cr~C~ off I C~~~~ 1 JI I r ~ r F • F~r ~~.r r r FT' r~F. ' 1\\111111111111\ 111`11A1111111~111 ' , ; -44 ` ' ~s111111~1\\~IC11~ 1111i1i11i11i11'il ~ . IatiWv1w1141G1 1 r. fa S ~ 3 a r - d i r f f I IMMINNNIIII CD L b I(, i r J h yyyy S M G A 41k fJ ~ Y r ~J i I, ,i ~I L4 ; 1 P.1 ,nrnluiv,tuuiu.lwiQ•~ .f c 1 . i 1111111111„11"„` y f 111111111111'1111\1 \\11\111\\\\\\\\\\\ i a -1 `11,11„\1\,11"1` 1\"\"„~~`\\\\`~~ •7 i - y:. - ~ 1111111 - 1111\1\11111\1\\\\\\1\1\1\\\\\ ~1 1 ~lV t+" OCT 1 2013 QUESTIONNAM 'OAR,,) Or APPEALS FOR FILING WITH YOUR ZBA APPLICATION A. is the subject premises listed on the real estate market for sale? yes R No At the time of this application, the subject premises are under a Contract of Sale. B. Are there any proposals to change or alter land contours? A No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: N/A G. Please attach all pre-certificates of occupancy and certificates of occupancy 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. (copies are attached to application) H. Do you or any co-owner also own other land adjoining or close to this parcel? No if yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel residential and the proposed use accessory apartment in an accessory building (manstingshgtefu*,proposed: samewth garage, pool or other) Auth d gnature and to Chr stia}}44 Rogers ? `12Z 3 D a Vitali Date 146)) i AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit' site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk 'County Department ofHanning in accordance with Section 239m and 239n of the General Munia pal Law. 1. NameofApplicant: Christian Rogers and Daniela Vitali 2. Address of Applicant: 110 Bank Street, Apt. 5d, New York, New York 10014 3. Name of Land Owner (if other than Applicant): Joseph Shipman and Cathleen Shipman 4. Address of Land Owner: 985 Elijah's Lane, Mattituck, New York 11952 5. Description of Proposed _ Project: Special Exception Permit for an Accessory Apartment in an Accessory Building - 6. Location of Property: (road and Tax map number) 5010 Oregon Road, Mattituck, New York (SCTM #1000=95-3-4.1) 7. Is the parcel within 500 feet of a farm operation? {-3 Yes { } No S. Is this parcel actively farmed? { } Yes No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. (see attached sheet) 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 15, Signatt of pplicant rsis ian ogees Date / 2(5 / i Si a of Applicant Daniela Vitali Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement 2. Comments returned to the local Board will be taken into consideration as part as the overall ieview of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant 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. VF- OCT 1 M3 • NAMES & ADDRESSES OF OWNERS OF LAND WITHIN 500 FEET OF AN AGRICULTURAL DISTRICT CONTAINING ACTIVE FARM OPERATIONS: SCTM NUMBER NAME ADDRESS 1) 1000-95-1-1.1 Lowerre Partners LP Attn: Davidoff & Malito LLP 605 Third Ave FL 34 New York, NY 10158 2)1000-95-1-1.2 Morris Isaac PO Box 1687 Ellen Coster Mattituck, NY 11952 3)1000-95-1-2 Little Bear Realty, Inc. Attn: Davidoff & Malito LLP 1000-95-1-3.1 Howard B. Present 605 Third Ave, FL 34 New York, NY 10158 4) 1000-95-1-3.2 Jeff Greenberger 5535 Oregon Road Lorene Custer Cutchogue, NY 11935 5) 1000-95-3-2 Robert Scudellari 70-16 Fleet Street Edith Scudellari Forest Hills, NY 11375 6) 1000-95-3-8.1 Mattituck Farm Holdings LLC c/o Belvedere Property Mgmt Attn: Brian Owen 1251 Avenue of the Americas FL 17 New York, NY 10020 7) 1000-95-3-3.4 Alice B. Berkman & ORS Attn: Barry Berkman, Esq. 1000-95-3-3.5 Berkman PO Box 40 1000-95-3-3.6 0q Bellmore, NY 11710 RECFI';Fi OCT 1 201.E BOARD OF 617.20 OCT 1 2013 Appendix B Short Environmental Assessment Form F3v1~,fiti (:F AF'" ALA Instructions for Comoletine Part I - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Project Location (describe, and attach a location map): 5020 Oregon Road, Mattituck, New York, approximately 1,640 feet west of Alvah's Lane Brief Description of Proposed Action: To obtain a Special Exception Permit for an accessory apartment in a detached accessory building. Name of Applicant or Sponsor: Telephone: (917) 270-4119 Christian Rogers and Daniela Vitali E-Mail: Address: 110 Bank Street, Apt. 5d City/PO: State: Zip Code: i.ew York New York 10014 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. X 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: X 3.a. Total acreage of the site of the proposed action? .46 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? .46 acres 4. Check all land uses that occur on, adjoining and near the proposed action. Urban ? Rural (non-agriculture) ? Industrial ? Commercial N Residential (suburban) ? Forest N Agriculture ? Aquatic ? Other (specify): ? Parkland Page I of 4 ~9 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b. Are public transportation service(s) available at or near the site of the proposed action? X c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: X 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? X b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ? Shoreline ? Forest 0 Agricultural/grasslands ? Early mid-successional ? Wetland ? Urban A Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? M NO ? YES X b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)`'t ' If Yes, briefly describe: $1 NO O YES 3 Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: X 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility. If Yes, describe: X 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/ name: Christian Rogers & Daniela Vitali Date: Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?' p~o 3ry1 r r ,ice : No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or Moderate small to large impact impact may may :i occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ? Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ? Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 Qr~ OCT 1 2013 APPLICANT/OWNER 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. YOUR NAME : Shipman, Joseph (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Special Exception Permit Planning for an Accessory Apartment in an Accessory Building Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submittedt`his 30th~dayofSeptemberlo 13 Signature Print Name Joseph Shipman OCT 1 N13 APPLICANT/OWNER i~ t al~vtALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold 's Code of Ethics Prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Shipman, Cathleen (Last name, fint name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Special Exception. Permit Planning for an Accessory Apartment in an Accessory Building Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. NO X YES If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) - B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submittedthis 30th dayloffSeeptembe}20 13 \ Signature (5C,4 Print Name Cathleen Shipman OCT 1 2013 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPFAL~, 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 osssble conflscts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME• Rogers, Christian (Last acme, first oamq middle initial, unless you are applying in the came of someone else or other entity, such as a company. If so, indicate the other person's or company's name) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Special Exception Permit Planning for an Accessory Apartment in an Accessory Building Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO % If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) - B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submittedthis 26th dayofSeptembei2o 13 Signature t Print Name Christian Rogers 4.HJ _VI- OCT 1 2013 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM t30 R0 OF APPEAL`_: The Town of Southold's Code of Ethics Prohibits conflicts of lateral 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. YOURNAME: Vitali, Daniels (Last name, first name, middle initial,; ess you are applying in the same of someone else or other entity, such as a company. If so, indicate the other person's or company's m nc,) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Special Exception Permit Planning for an Accessory Apartment in an Accessory Building Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold T tle or position of that person Describe the relationship between yourself (the applic9nt/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) _B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or - D) the actual applicant DESCRIPTION OF RELATIONSHIP - Submitted 26 day otS r20 13 > Signature / /742 Print Name Daniels Vitali a AGENT/REPRESENTATIVE OCT 1 2013 TRANSACTIONAL DISCLOSURE FORM BOAR(, ~::)r APPEF1L The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to Provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Lark, Richard F. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Special Exception Permit Planning for an Accessory Apartment in an Accessory Building Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 30th day of September2o 13 J -m Signature /G.1 Print Name Richard F. Lark AGENT/REPRESENTATIVE OCT 1 203 TRANSACTIONAL DISCLOSURE FORM yy~~ ,~Ri~ ()r APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers aMm610vees 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. VOURNAME: Folts, Nary Lou (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Special Exception Permit Planning for an Accessory Apartment in an Accessory Building Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 30th dayofSeptembey2201133r Signature do! Print Name Xary Lou Folts LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 RICHARD F. LARK Fax No. (631) 734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com ~ ~01M September 30, 201 ItECFIVE Leslie Kanes Weisman, Chairperson OAT I 7013 Southold Town Zoning Board of Appeals 54375 Route 25 BOARD OF AP''PEALS P.O. Box 1179 Southold, NY 11971 RE: Application of Christian Rogers and Daniela Vitali(C-U) Special Exception Permit for an Accessory Apartment in an Accessory Building (SCTM #1000-95-3-4.1) Dear Ms. Weisman: In connection with the above-captioned application, I am enclosing eight (8) sets of the following documents: 1. Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building with attached Statement of contract vendees, Christian Rogers and Daniela Vitali dated September 27, 2013; Statement of owners, Joseph Shipman and Cathleen Shipman dated September 30, 2013; Contract of Sale; and the following: (a) Certificate of Occupancy #25920 dated 5/21/74 for addition to existing dwelling with building permit #7090Z dated 2/21/74 (b) Certificate of Occupancy #26237 dated 12/12/74 for a private (accessory) garage building with building permit #7597Z dated 10/18/74 (c) Certificate of Occupancy #Z30707 dated 1/21/05 for additions and alterations to an existing accessory building with building permit #306112 dated 9/1/04 (d) Certificate of Occupancy #36253 dated 5/23/2013 for "as built" hot water boiler and indirect water heater (e) Pre-Existing Certificate of Occupancy No. 36254 dated 5/23/2013 Leslie Kanes Weisman, Chairperson September 30, 2013 Southold Town Zoning Board of Appeals 2. Deed dated July 9, 2004 3. Town of Southold Property Record Card (SCTM 1000-95-3-4.1) 4. Survey of John C. Ehlers Land Surveyor dated 05-07-2013 5. Project Description with attached photos 6. 2nd Floor Plan and livable floor area calculations prepared by James J. Deerkoski dated April 23, 2013 7. ZBA Questionnaire 8. Agricultural Data Statement 9. Short Environmental Assessment Form 10. Transactional Disclosure Forms signed by Joseph Shipman and Cathleen Shipman; Christian Rogers and Daniela Vitali; Richard F. Lark; and Mary Lou Folts 11. Authorization of Joseph Shipman and Cathleen Shipman 12. Authorization of Christian Rogers and Daniela Vitali 13. Escrow Check No. 2499 of Lark & Folts payable to Town of Southold in the amount of $500.00 for the filing fee If there is anything else you need, kindly give me a call. Very truly yours, ~ J ichard F. Lark RFL/bd Enclosures RECEiVF_C? OCT 1 2013 BOARD 0F- APP PALS -2- CHRISTIAN ROGERS DANIELA VITALI 110 Bank Street - Apt. 5d New York, NY 10014 September 27, 2013 Dear Members of the Zoning Board of Appeals: We the undersigned have agreed to purchase the premises at 5020 Oregon Road, Mattituck, New York from Joseph Shipman and Cathleen Shipman. Our purpose in buying the premises is so we can use the main house on the property for our residence and the apartment will be leased to Christian Rogers' sister on a year round basis. It is our understanding that in order to occupy the premises we have to have obtain a Special Exception for the accessory apartment. The property is perfect for our family and we hope the Board of Appeals will grant the permit so we can close title to the property and move in. Your favorable consideration will be appreciated. Very truly yours, Christi s ' ~f Daniela Vitali oil I 2,..,, JOSOH SHIPMAN AND CATHLEEN SHIP 985 ELIJAHS LANE, MATTITUCK, NY 11952 September 30, 2013 a c ; F: n Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals O C T 1 2013 tyL' / 53095 Route 25 - P.O. Box 1179 Southold, NY 11971 i3C)Alili OF APPt=AI_4 Dear Ms. Weisman: We purchased the property at 5020 Oregon Road, Mattituck, New York on July 9'', 2004 from the Estate of Constance Ruthinoski. The sole purpose of our purchase was to provide housing for our two adult sons, Jonathan Shipman and Steven Shipman. At the time they wanted to live and work in Southold Town where they were born and raised. However, they could not afford to buy a house or rent a decent apartment for themselves and their families. At the time of the purchase, the property had two buildings on it in the same exact location where they are today, one was a small farmhouse which we renovated for our son Steven and his family and the other was a building that was utilized as a garage, farm storage and workshop which had running water, a bathroom and electric. We renovated the building by remodeling the first floor garage area making it safe and functional and created an upstairs area for storage. When our son Jonathan got married and there was not enough room for him and his wife to live with his brother Steven and his family, we renovated the second story storage area into a bedroom, bathroom, small kitchen and living room area for him. All renovations were done according to the Building Code. The cesspool that previously serviced the building was updated to the applicable Suffolk County Health Standards. The plumbing and electric work was done by local contractors and certificates were obtained for their work. The water was also tested and found to be satisfactory. Our two sons and their families lived there from that point in time until the premises became vacant in 2012 leaving us with no use for the property. We spruced it up and placed the property on the market for sale with the understanding with the real estate broker that whoever purchased the property would have to comply with the Zoning Ordinance and apply for a Special Exception to have an accessory apartment in a detached accessory garage. It was made clear to any purchaser who wanted to buy the property as an owner they would have to occupy one of the buildings and the other building would have to be leased to a family member or someone who is on the Southold Town Affordable Housing List. We found a married couple by the name of Christian Rogers and Daniela Vitali who wanted to buy the property to be used as their residence and lease the accessory apartment to Mr. Rogers sister, Arianna Rogers. We then entered into a contract to sell and they have agreed to make application to the Southold Town Zoning Board of Appeals for the Special Exception. We wish to note for the Board that the property and the two buildings as renovated in 2004 have been absolutely no problem in this neighborhood as it is bordered on the south and west by farmland on which the development rights have been sold to the County of Suffolk. The property located to the east is part of the original Ruthinoski farm homestead and is now vacant. Granting of this Special Exception for an accessory apartment should have no adverse effect on the neighborhood. We respectfully request the Southold Town Zoning Board of Appeals grant the Special Exception to the purchasers, Christian Rogers and Daniela Vitali so they can enjoy the property with their family. Sincerely you Joseph Shipman '2D Cathleen Shipman l ~ 2 Number of pages I11~ kEC- E' This document will be public NC) - 7 ZOO i record. Please remove all Social Security Numbers BOARD OF APPEALS prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Mortgage Amt. Page / Filing Fee 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17 (County) Sub Total Spec. /Add. _ - TOT. MTG. TAX EA-5217 (State) Dual Town Dual County- R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 r Transfer Tax • • Mansion Tax Affidavit The property covered by this mortgage is Certified Copy or will be improved by a one or two 15. 00 family dwelling only. NYS Surcharge Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page # of this instrument. 4 I I Dist. 1000 Section 095.00 Block 03.00 Lot 004.001 5 Community Preservation Fund Consideration Arnount $ 505,000.00 Real Property Tax Service 7 ,100.00 Agency CPF Tax Due $ Verification Improved X 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD 10 DAVID WORTHINGTON OLSEN ESQ OLSEN & OLSEN LLP TD PO BOY 706 CU"CROGUF. NY 11935 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Name Fieelit National Title Insurance www.suffo[kcountyny.gov/clerk Title# F13- 404-51540-SUFF Services, LLC 8 Suffolk Count Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) JOSEPH P. SHIPMAN and The premises herein is situated in CATHLEEN L. SHIP?AN SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold. CHRISTIAN ROGERS and In the VILLAGE DANIELA VITALI or HAMLET of Mattituck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12 01ID .1010$a (over) Page 1 of 3 Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - IDdi,idual or Corporation (Single Sheet) 1`/V/~lC_J 7J~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYF„ ONLY. N.Y.S. REAL ESTATE TRANSFER TAX $2,020.00 VI~~i,' q nli~ THIS INDENTURE, made the 21st day of October in the year 2013 BOAKU OF APPEALS BETWEEN JOSEPH P. SHIPMAN and CATHLEEN L. SHIPMAN, his wife, residing at 985 Elijah's Lane, Mattituck, New York 11952 party of the first part, and CHRISTIAN ROGERS and DANIELA VITALI, his wife, residing at 110 Bank Street, Apt. 5d, New York, New York 10014 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingand being in at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~bBEGINNING at a concrete monument located on the southerly line of Oregon Road, which monument marks the northwest corner of the hereinafter described property and which monument is, in turn, situate North 43° 33' 24" East as measured along the southerly line of Oregon Road 221.32 feet from a concrete monument set at the northeast corner of land now or formerly of Lloyd Wegner and from said point or place of beginning; running thence along the southerly line of Oregon Road North 43° 33' 24" East a distance of 100 feet to land now or formerly of Berkman; thence South 41° 35' 16" East of 200 feet along land now or formerly of Berkman to land now or formerly of Berkman and County of Suffolk; thence South 43° 33' 24" West a distance of 100 feet along land now or formerly of Berkman and County of Suffolk; thence North 41° 35' 16" West a distance of 200 feet along land now or formerly of Berkman and County of Suffolk to the southerly line of Oregon Road and the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated July 9, 2004 and recorded in the Suffolk County Clerk's Office on August 4, 2004 in Liber 12334 Page 861. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the rust part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF:` r, !J Joseph 'ghipman Cathleen L. Ship Page 2 of 3 k<EC:FIVEF NOV 7 i s ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York County of Suffolk ss,: On the 21st day of October, in the year 2013, before me the undersigned, personally appeared JOSEPH P. SHIPMAN and CATHLEEN L. SHIPMAN personally known to me or proved to me on the basis of satisfactoryevidence, to be the individual(s) whose name(s) is-(are) subscribed to the within instrument and acknowledged to me that (his)(heF) (their) capacity(ies), and that b (they) executed the same in Y (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Not ublic 1`110'Al LARK NO. 02 j1tl1 of l Yak ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE N 7~3Z500• coo* Oa MWIDn Exflkw k1,0j y State of New York County of ss: On the day of in the year 20 , before me the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribed to the personally within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of County of , ss: On the day of in the year 20 before me the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that (he) (she) (they) reside(s) in ; that (he) (she) (they) know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (his) (her) (their) name(s) as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE ' State of County of , ss (or insert District of Columbia, Territory, Possession or Foreign Country) On the day of , in the year 20 , before me the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence, to be the individual(s) whose name(s) is (are) subscribpersonally ed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacity(ies), and that by (his) (her) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument and that such individual made such appearance before the undersigned in the city of , State of BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. DAVID WORTHINGTON OLSEN ESQ OLSEN & OLSEN LLP JOSEPH P. SHIPMAN and PO BOX 706 CATHLEEN L. SHIPMAN CUTCHOGUE NY 11935 to CHRISTIAN ROGERS AND DANIELA VITALI District: 1000 Section: 095.00 Block: 03.00 Lot: 004.001 Cednty o Town: Southold Distributed By Chicago Title Insurance Company Page 3 of 3 f Form a011 '-01 Pav. (YqB) • Sde WARNING: NO REPRETATION IS MADE THAT THIS FORM OFONTRACT FOR THE SALE AND PUR- CHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH I CONSULT YOUR LAWYER BEFORE SIGNING R NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens In the event of fire or casualty loss before the title closing. Unless different provision Is made in this contract, Section 5- 1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. DNA, CONTRACT OF SALE made as of the 1I-~ day of Avl-- v51 ZG/ j Pmem: BETWEEN JOSEPH SHIPMAN and CATHLEEN SHIPMAN, his wife Address: 985 Elijah's Lane, Mattituck, New York 11952 hereinafter called "SELLER", who agrees to "I,-and CHRISTIAN ROGERS and DANIELA VITALI Address: 110 Bank Street, Apt. 5d, New York, New York 10014 hereinafter called "PURCHASER", who gees to buy: gym , The property, Including all buildings and improvements thereon (the "PREMISES") (more fully described on a separate page marked "Schedule A' and also known as. Street Address. 5020 Oregon Road, Mattituck, New York Tax Map Designation: District 1000, Section 095.00, Block 03.00, Lot 004.001 ~,w Lp&IF7 RECE1vFr' OCT 1 2013 BOARD OF APPEAL Together with SELLER'S Interest, If any, In streets and unpaid awards as set forth In Paragraph 9. p,Rony The sale also included all fixtures and articles of personal property attached to or used in connection with the pmpffty PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELL- ER free and clear of any lien fN6-ME) fif(9), They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, RraRtels,stoW ,-reRe- •tlew~--bNRdsr-ahades, screens, awnings,~teFn%-wRdew~~wiRdew-boxes, storm doors, mall boxes,-weayter -raReerftagpeles, pumps, shrubbery, fencing, euldeerstatumy, tool sheds, dishwashers; washing machines, clothes dryers, garbage-disposa4-ualts, ranges, refrigerators, freeeers, air conditioning equipment and Instal- lations, and wall to wall carpeting. to the extent same are presently on the premises all in an "as is" condition. Excluded from this sale are: Furniture and household furnishings, purd9w 1. a. The purchase price is $ 505,000.00 wa ft* payable as follows: On the signing of this contract, by check subject to collection: $ 50,500.00 to be held in escrow by Seller's attorney until closing of title By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ -0- By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $ -0- BALANCE AT CLOSING: $ 454,500.00 Aim and ~ 00 the prior Ilan of any EXISTING MORT even though the EXISWMEtals that it will remain %M. The Purchase Money Norte and Mortgage shall be draw SEer~ modified R in good s recording tax. recording fees and nay's fee in the amount of SELLER. PURCHASER shell pSfor ithe ts preeppara~tion. c. If any required payments are made on an EXISTING AGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING M b N that amount shown in Paragraph 2, then the balance tSE price payable at CLOSING will be . SELLER agrees that the amount shown in Paragraph 2 Is reason- orrect and that only pay urred by the EXISTING MORTGAGE will be made. . If there I escrow account that is maintained for the purpose of paying taxes or Insurance, etc., S ei it to to PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amount in the 11111:1 Iji 1,111: 111 a 1111 I:k IiEfit 111:11 111:1 :1111;111!1 !111 5 E& I MorIVegs(s): and in a of Mortgage now in the unpaki prFC, amount of $ in installments of $ per cent per resently pa whk h Include princi Funds either 1//f~ 3. All money payable under this contract, unless otherwise SPeciffad, shall be cra Funds g, Cash, but not over one thousand ($1,000.00) Dollars, bank, b. Good certified check of PURCHASER, in the State of NewY ork, payable savings bank, trust _ the order of SELLER or the ordc and loan association and having a banking of PURCHASER HASER and dui endorsed by PURCHASER (If an Individual) to the order of SELLER In the presence of SE ER or SELLER'S attorney be by check of PURCHASER u c. Money other than the purchase price, payable to SELLER at CLOSING, dollars, or to the amount of One Thousand and 00/100 ($1,000.00 SELLER'S attorney. ) d. As otherwise agreed to in writing by SELLER or 4. The PREMISES are to be transferred subject to: "Sub*t to. ProVWWs: a. Laws and governmental regulations that affect the use oa the ai MIance of the PREMISES, provided that th: are not violated by the buildings and Improveme~ erected which. the PREMISES abut b. Consents for the erection of any structures on, under or above any streets on any street or highway. C. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon show pxbvideo RaFfVf~*B not render d. Any state of facts an accurate survey may title unmarketable. OCT 1 2013 BOARD OF. APPEALS licensed to do business in the State of New Yor 5 SELLER shall give and PURCHASER shall accept such title as any title insurance company/ , will matters willing to approve and Insure in accordance with their standard form of title policy, subject only Two company vided for this contract. other under Approver of the obligations of SELLER and PURCHASER to eato PURCHASERS c crOS s 6. tract, CLOSING" Including the means pethe settlement purchase price to SELLER, and the delivery statutory fear for record roper ym~nt of the Foam ~ of an° Deed bargain & sale with covenant as e transfer full ownership (fee ale) again to the grantor's free ofd all encumbrances except as herein stet Th se^= The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. stall Secretor he sale and delivery of the deed, and (b) a certificate that the transfer is in conforrrrnY nd rPer Law. The deed in such l in a recital suffic Directors a:;~~ y~e. corporing such resolution a requiremenpp~$ ~h ~e~ Lark & Folts, Esgs•, 28785 Main Road, Cutchogue cla" New CYork or at t: e NG will take place iceoot the lending institution, on or about September 30, op c are aid pmoe: broker in connection with this sale 8. PURCHASER hereby states the PURCHASER has not dean with any (pursuant to separate agreement)' Broker thanland SELLER agrees to pay the broker the commission earned thereby Douglas Elliman Real Estate R 9. This sale Iricludes LLER'S ownership and rights, If any, in land lying in the bed of any street or hlgh- nngmrwn et way, opened or front of or ad)oining the PREMISES tot line thereof. it also the PREMISES proposed"Ih tinpr+d of SELLER to any unpaid award by reason of any taking by corxienlnation and/or for*ny dama9a to aby reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to coiled the award and dam- ages. x "CLOSING signed by the holler of each EXISTING MORTGAGE, in form for records amount of the fe to a&" for recording such and rate the unpaid principal and interest, date Is a bank or otl of inte "or rest. deflred in Section 274-x, Real Property Law, naortygshV: certificate. ff the holier of a ate, fu mortgage ed letter' dated nd more than thirty (30) days before CLOSING it may, Instead of the certificate, fu LLER hereby states that any EXISTING MORTGAGE will not be in default at the containing the ' orders or uire- 11. t SELLER will comfy with all rates or notim rtmdhe violations having of law or municipal as to Lands, houses , bu' ildirgs, fre,hhealth cWWNW= manta noted in or Issued by any governmental daps ardA&mant and labor conditions affecting the e PREMISES at the s CLOSING datL hated. The PREMISES shall be transferred free shall furnish PURCHSASER with any authorizaUdorthi$ rtac- °"d Ord°'d7 essarysery.t,to make the searches that could disclose these matters. the PREMISES, incurred pureuant to the Administrative Code of the City of New York Offdt if Me PMPWW Is Not b. All ObtlgatlWna affecting shell be discharged by SELLER at CLOSING. This provision shall survive te of Occupancies: No. Z5920 dated May 21, 1974, No. Z623 of pridr to CLOSING and payer in New hbra: CLOSING. Copies of Certificamoney dated December 12, 1974, No. Z-30707 dated 01/21/05, No. 36253 dated 5/23/2013 and No. 36254 dated 5/23/2013 are attached hereto as Schedule B. 12. If at the time of CLOSING the PREMISES are affected by an assessmnent which is or may become payable in qtr annual irstallmenfe, and the flat Installment is then a Iien, or has been paid, then for the purposes of this contract all the unpaid lnstalirnents shall be considered due and are to be paid by SELLER at CLOSING. APa m 13. The following are to apportioned as of midnight of the day before CLOSING: otereeserr 6Yd6TiN61 M6RT-(o}a oain9 trar+efo~b- (~-°^d~rhar~eeeeaxpkkp prJor~c CWSIDk3 (d) Taxes, wavhaQe%.and-° on (e) Fuel, If any. (q>Jautt4hargearlf4u*. (e) bottled gas the basis of the llwen'pyse"ar h!7'-M if CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. all au~ 14~ff there be a water metw on the PREMISES, SELLER shall sewer furnish a r FY I be apportioned on the his 0) rent, if 11 119 , days before CLOSING date and the unfixed meter charge such last reading. rents. adjustment of the any 15. SELLER has the option to credit PURCHASER with any Interest and penalties thereon to a date for tmpvd unpaid taxes v eels inewater ter charges and sewer Eta: not We then flue (5) business days after CLOSING. Provided that official bills therefor computed to said date are pro- duced at CLOSING. Is ob discharge at CLOSING Um 18. If there is anything else affecting the sale the balance of the pur which cha eEprriceRto dis charge It. Ads an and alternative SELLER may deposit ER may use he title portion of insurance company employed by PURCHASER and required by it to assure Its discharge; but wiw rowr money with th n will In PURCHASER'S We clear or the matter or Insure against Its enforcement only the a"'a""CB' out if title insurance company will mfmaadre e within reasonable time before CLOSING, the PURCHASER agrees to out the PREMISES. Upon request, to assist in clearing up these matters. provide separate certified checks as requested bankruptcies or other returns against persons having names the sans= Affid"aff 17. If a title examination discloses lud9R1enth detailed affidavit at CLOSING showing that they to AW9WMft ' as or similar to that of SELLER, SELLER shall deliver a satisfactory avWUPWAS Etc.: are not against SELLER. an official the order of the appropriate state, City or Courts, Ond rmrWw 18. At CLOSING, SELLER shall deliver &so Nlied check payable to end officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording o te the tax ret rtecoroaa deed, together with any required tax return. PURCHASER agrees to duly afer LOSING FU CHASExcsha is the the check(s) and the tax return to be delivered to the 8ppropriete officer promptly pursuant pgay to the SSutfff,olk County Clerk the 2% Community Preservat on Terrensf er a the title to th= ff)wAI0AJ§ Pew ~x r#rCh%J cx~6-6, and the reasonable expenses u b PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collecta ble out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHAS ER. accordance with contract 20. ff SELLER is unable to transfer title to of this Rcon~ Pus lla charges made ffor. (1) exam ni 9 III any apprc , title, s be to refund all money paid on account priate additional searches made in accordance with this contract, and 010 survey and su Faction charge, IrA"w comw to AND" Of Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASE; LWWIY.l shell have any further rights against the other 21. PURCHASER has inspected the buildings on the PREMISES and the personal property Included in this sale or. con~ or acquainted with their condition. PURCHASER agrees to purchase them "as Wand in their present cot Pioprty: clltkxn sub thoroughly to, reasonable use, wear tear and natural deterioration between now and CLOSING. PURCHASER sh- de~elect ca them before CLOSING. except that the plumb heanrgr)I'act tto rea Rd " slier tr:Lcal ble syst notice ems to w 1 S~LER, to Inspect, reaw4 ne be in woring order and the roofs free of leaks reu at a 22. All prior suns rstand* irnpe and agreements between SELLER and PURCHASER are merged In this statements party upon gproemErna.u,r. telY expresses their full it has been entered Into attar full investigation made by anyone else Ulat Is rat set forth In this contract. else *air conditioning and appliances to be in working order. Y L ~a wr 4 Ef M111 bMlgkl ab~l ilao l1a 4p~ Y~ tl iba 41MAdi 7MaM>iM'~M 41MMA W Mll?t1`Ml' F T ~qav 24. ft*ww fi:: aisMaa. ' s. e11sMn pal Moot shah be hold in the sdller•a nttorhsyo spsei~al 1~tlo914~M1W~ ~ at The &nffplk oa@ntY 14ation01 agnk in Account go. 61 002309 7. ':4 26. Th44 'pattsea s1aa11 C4mPlY~with suction 1445jb+ of tha Yiltk€n41 Px!veNCN~' , of 1454 fetzzai lawtiNtasnt in iAFal eropattY T o.# 1$0 an Act e{p 4~4. #t5fV* `A+4t of 1"41, and tho pAsl Ed** &ePnatinq asqui Fd+penres of tYi4l " , ' _ aafbLtil.Act, XT 27. The sauar sys+eas. at z" tfo iGf rRloainq, to prex#da ?tar+rtsas tk., af91"O"t st#tA# # at 00 fo11 00OLiaaR# 14th 91at~aoA '1a sabdiaisiona 5 *,60-5-a of the "into t,aw.. . to. Thb sallet "to" that mi* @ will to 9olims #,ot tPan closiftw,04 title in s Vacant {bbd btook b1 ian. the p6ifF ~ shalt haaa tho t'i'oAt to inapoct seas to hoofs ptsok to `t ` #loaln9 of title. r: 1' 8 PIa~ otbor.than An 1;0he owmty at $8. Iffi- k, t~bsf4 ~449xt {#.qta11 * !e 40 lii t 4 t+ 41'4 i do saffalk a aurohtdg€ foll . t7A,t 4hMetbt3~ sue, 14ib- Antst placw tare aaroritsea. 44 b#Ui4N 41w teasaateav" 3# through 35 on Att#0604 ridwrl 44- 44 a ,aPy~lU~f ~Yt~,+nd rirau trt~aa aa> 67ad NLOCK WT COUNry 00 TOM @ CE,Nt-f cc BOAR] 1 C1F PPI-ALS SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a concrete monument located on the southerly line of Oregon Road, which monument marks the northwest corner of the hereinafter described property and which minutes is, in turn, situate North 43° 33' 24" East, as measured along the southerly line of Oregon Road 221.32 feet from a concrete monument set at the northeast corner of land now or formerly of Lloyd Wegner and from said point or place of beginning; running thence along the southerly line of Oregon Road North 43° 33' 24" East a distance 100 feet; thence South 41° 35' 16" East of 200 feet; thence South 43° 33' 24" West a distance of 100 feet; thence North 41° 35' 16" West a distance of 200 feet to the southerly line of Oregon Road and the point or place of BEGINNING. REC:EIVEC OCT 1 2013 BOARD OF APPEALS RIDER TO CONTRACT OF SALE BETWEEN JOSEPH SHIPMAN AND CATHLEEN SHIPMAN, SELLER AND CHRISTIAN ROGERS AND DANIELA VITALI, PURCHASER DATED y'U b page 1 of 2 30. This contract is contingent upon the Purchaser obtaining a conventional mortgage commitment from a recognized lending institution in the amount of $454,500.00 repayable in 30 years at the prevailing rate of interest. The Purchaser agrees to make immediate and diligent application and execute such papers and documents and give such information} as may be required for such to secure mortgage financing. The Purchaser shall have ua a commitment on the above terms. In the event the Purchaser shall fail to obtain a commitment within such time, then and in that event, either party upon written notice to each other shall have the right to cancel this contract and upon refunding the down payment paid herein by the Purchaser this contract shall be null and void and the obligation of the parties to each other shall be terminated. *45 days from fully executed contracts(ft-- 31. The Purchaser, at Purchaser's own cost and expense, and within fifteen (15) days from the date of this contract, may have an inspection made of the premises by a licensed exterminator to determine the existence of any infestation and/or damage from termites or other wood-destroying insects. If the Purchaser's attorney does not notify the Seller's attorney, in writing, of the existence of any such infestation and/or damage within thirty (30) days from the date of this contract, this paragraph shall be null and void. If the Seller's attorney is properly notified of the existence of any such infestation and/or damage, the Seller shall have the option of either canceling this contract and refunding the down payment, or treating the condition and/or making the necessary repairs at the Seller's own cost and expense. The Purchaser shall have the option of waiving the provisions of this paragraph and closing title in an "as is" condition. 32. The Seller represents the dwellings on the premises being sold herein are serviced by private water wells. The Purchaser, at Purchaser's owns-cost and expense, shall have fifteen (15) days from the date of this contract, to have a water test performed by an appropriate licensed organization to obtain a certificate from a New York State approved laboratory, to determine whether the untreated raw water servicing the premises meets the standards of potable water set by the Suffolk County Department of Health Services. The Purchaser's attorney agrees to notify the Seller's attorney, in writing, if the water does not meet the above standards within fifteen (15) days from the date of the water test. If the Seller's attorney is properly notified the water does not meet the above standards, the Seller shall then have the option of either correcting the condition or canceling this contract by refunding the down payment and neither party shall have any claim against the other. The Purchaser shall have the option of waiving this condition by executingnathe waiver to have an inspection as a precondition to transfer title; t event such a test does not meet the required standards of the Suffolk County Department of Health Services and the Seller refuses remedy or correct the condition, the Purchaser may consummate the transaction notwithstanding such non-compliance. subco paragraph 21. 33. The premises herein are being sold in an "as is" condition/ T urchaser represents the Purchaser is exercising due diligence by inspecting the premises and is aware of the condition of the buildings on the premises. However, the Purchaser, at Purchaser's own cost and expense, and within fifteen (15) days from the date of this contract, may have an inspection made of the premises for structural soundness by a New York State licensed architect or engineer or qualified home inspector. If the Purchaser's attorney does not notify the Seller's attorney, in writing, of the existence of any such structural problems within thirty (30) days from the date of this contract, this paragraph shall be null and void. If the Seller's attorney is properly notified of the existence of any structural problems with the written copy of the inspection report, the Seller shall have the option of either canceling this contract and refunding the down payment, or correcting any structural problems at the Seller's own cost and expense. The Purchaser shall have the option of waiving the provisions of this paragraph and closing t}tle. 34. The premises are being sold herein in an "as is" condition as the buildings on the premises were constructed prior to 1978 and possibly contain lead-based paint. However, this contract is contingent upon the Purchaser, at Purchaser's own cost and expense, obtaining a risk assessment or inspection of the premises for the presence of lead-based paint and/or lead-based paint hazards within fifteen (15) days from the date of this contract. If the Purchaser's attorney does not notify the Seller's attorney, in writing, of the existence of any such lead-based paint and/or lead-based paint hazards within thirty (30) days from the date of this contract, this paragraph shall be null and void. If the Seller's attorney is properly notified of any such lead- based paint and/or lead-based paint hazards with the written copy oftheon of inspection and/or risk assessment report, the Sell r shpFC,M~ h oP OCT 1 201 r&-o ~ BOARD OF APPEALS s£&O f ~ ~ C It v p BLUER 3 RIDEE TO CF1XM'R T OF 'BALE Bvrm&N dO$EPB SgIts B Asti CBTALEER o , ~Y AND CERTSTtW Ro6L°RS ARD OAKELA ViTALI, pURCBABER b,-A E6' l -.fl 7%P f, QE 2 IM, either cancel," this Contract and rofandin9 the down P61, ant.: or c4rtect.iov - the Condition: on the Purchaser adaJ.l have the option of waiving tho i provisions of this P490 IO and closing title in'aa '40, ~q 51i ition' i,~[ Yj, She PUrcha3Mr aBkht4x 6aJgea reCbipt of the Eft keoft~ tached reto che4tiis Tnf4 mai oAnondLibad?. aced Paint antlhleor Lead- 0809001 Ha%fatdn wAi €hn,#a to bea completed and easouted at the Use, of the eaanution of this owaimisat- 33. AttaChBC$ hereto ehidub8 D is a Property d, .i. t" Ce*dtti4n to Man ldati of this and egMCetW by Ole S st$*A which ct by Sh ryes,e f~ui'1 i.tsaS WY 00, PA G4ndit 9aaTt+u Y Contract. eMr, as raga 4oft roeaiEl t o! 3:y nwiledi'P sent Act. The Rurobeaor $hall execute 4cl~ t by signing Schedule 0. atb Men`.. y 'S r 'g: 4~ l.ta 3 N i r' i ' RECEIVEi QCT 1 7013 BOARD OF APPEALS Rill ~ t DAB X$ „ 0 TM, =am omwzzoo t { 1. ,soUo%` =pX*sm%%x that ,14 if pot 4'sb * ~"XA# 4,44 that.: thl400 Will be etoidtowt $o4e fx tui F3aete% li as' thi6 taaasootiem to smUs y aay oad *11 Item ago*"t VWK PreoGaaa, 2. 114t to t#a+, ttae . M 8ellar has fwd ao 1M' 0 ' . the r vi t?he Ps~eaoI a, lr. 3. 8"uw, "opto t v Ma the the2f# iii a1 1P+ z; A: that,*, " 041 t have kle :i# Ilot owiam at 9 k pater it loots at ttttr Vraaa.aea, agaea that the as act o" to-VIA Aft a. The, garde* ee~zat. x4a ' e: the p4wt"1ae. r i PaiY se to aoori a N the owcobaxer, QIF u RECEIVI~D OCT 1 2013 BOARD OF APPEALS • 10$1[ No. t • or TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No..25920 Date idyl 21....... , 19.7!! THIS CERTIFIES that the building located at wertm.Hoed Street Map Nosz.......... Block No. 1a .......Lot No..ZZ ...MAttitpolt.. A-kT,........ conforms substantially to the Application for Building Permit heretofore filed in this office dated dab.. al.., 19.74. pursuant to which Building Permit No. 7 . dated Feb 21 19.74., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Prlvata.ona..famiiy. duelling. mith.add.itiod Ru7(+evssks~ The certificate is issued to ...John .RuftlneM i.... Owner . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval X 9110 . UNDERWRITERS CERTIFICATE No..poadfind HOUSE NUMBER ...5020....... Street 0"99A .4ftA f Building Inspector f~Fr~F~~vFr~ CCT 1 2013 BOARD OF APPtALS YOM NQ A TOWN OF SOUTHOLD BUILDINd DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, K Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 7090 Z Date Yoh......... 21....... 19.. F. Permission is hereby granted to: J~ Nathiawrsti P...R AMM....391 1~aLtitneit....11.5. to Huild , as aQdition eel rt~d ~tia~, dwlI of premises located at .......Qnsalk..&SA YAttitnsh N.y. pursuant to application dated If.0......... 21............. 19.74~.., and approved by the Building Inspector. Fee f f.9.QQ Building Inspect(o~r 9,ECEZVFF 111 OCT 1 2013 BOARD OF API-t.R! 108M Na 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clark's Office Southold, N. X. Certificate Of Occupancy No. z 3 ? Date tD~'..... THIS CERTIFIES that the building located at L1.... Street Map No..... X Block No....X Lot No..~(.... N T T I.TV.1.4r-.../V y conforms substantially to the Application for Building Permit heretofore filed in this office dated oc- T M. , 19.7. y pursuant to which Building Permit No. 75-77 z dated 191/, was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is --!Fe I/$-Tt-...(A. 1F 1; 4 So~9) 6 A.R-A6ii:...g~r«.D. The certificate is issued to .JQ A At... k'.QT h J. O.S K. [ ~ Sl l u L ~ . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval At. ' & UNDERWRITERS CERTIFICATE No......... N!. R . HOUSE NUMBER ...Sd. a0.... Street C. 6.0!v...IF 0. A j> ac.. uilding Inspector 4r ~0 b~~ RECD 1\ Fr 'CCT 1 2nr BOARD Or AP?-Ai ti _ -~_1 meat NO. s TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S'OFFICE SOUTHOLD, N.. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) t/ N° 7597 z /8~ar Permission is hereby granted to: JON A/ ~Pv TW i Al osir/ at Premises located at QTt t r~N....... T?,PA D M/± 1-rac.. ........................................................................................................................yy....................................... Pursuant to application doted /0 ~T .........IV./, and approved by the BuildingInspector. Fee S...... . Building Inspector RECEIVE. ~<y~l OCT 1 2013 BOARD OF APPEALS FORM NO. 4 r TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30707 Date: 01/21/05 THIS CERTIFIES that the building ALTERATION Location of Property: 5020 OREGON RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 95 Block 3 loot 4.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 31, 2004 pursuant to which Building Permit No. 30611-Z dated SEPTEMBER 1, 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITIONS & ALTERATIONS TO AN EXISTING ACCESSORY BUILDING AS APPLIED FOR. The certificate is issued to JOSEPH & CATHLEEN SHIPMAN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2027911 01.11/0 S PLUMBERS CERTIFICATION DATED N/A ..°L Authorized Signature k:EC:ENFC OCT 1 2013 Rev. 1/81 BOAR- OF AppeA;_5 • FORM NO. 3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 30611 Z Date SEPTEMBER 1, 20G4 Permission is hereby granted to: CONSTANCE RUTHINOSKI PO BOX 392 MATTITUCK,NY 11952 for C ADDITIONS AND ALTERATIONS,TO AN EXISTING ACCESSORY BUILDING AS APPLIED FOR at premises located at 5020 OREGON RD MATTITUCK County Tax Map No. 473889 Section 095 Block 0003 Lot No. 004.001 H pursuant to application dated AUGUST 31, 2004 and approved by the Building Inspector to expire on MARCH 1, 2006. Fee $ 229.80 g ture CCT 1 2013 Rya. 5/8/02 BOAR O ()F APB gUFfe(, f Town of So d Annex 5/29/2013 P.O. Box 1179 ' 54375 Main Road Southold, New York 11971 4^ CERTIFICATE OF OCCUPANCY No: 36253 Date. 5/23/2013 THIS CERTIFIES that the building ALTERATION Location of Property: 5020 Oregon Rd, Mattituck, SCTM 473889 See/Block/Lot: 95.-3-4.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this offced dated Y 5/23/2013 pursuant to which Building Permit No. 38047 dated 5/23/2013 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "as built" hot water boiler and indirect water heater k ° The certificate is issued to Shipman, Joseph & Shipman, Cathleen (OWNER) I1ECE- f I/F _ OCT 1 201..1 / of the aforesaid building. BOARD OF APPEiA;-S SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 2027911, 38047 1/11/05,5/9/13 PLUMBERS CERTIFICATION DATED 4/17/13 J Zee's Plumbing Authorized Signature Town of So d Annex • 512912013 I ~ 54375 Main Road Southold, New York 11971 PRE EXISTING CERTIFICATE OF OCCUPANCY No: 36254 Date: 5/23/2013 THIS CERTIFIES that the structure(s) located at: 5020 Oregon Rd, Mattituck SCTM 473889 Sec/Block/Lot: 95.-34.1 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 36254 dated 5/23/2013 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: wood frame one family dwelling with front covered brick and concrete porch. Note Special Exception and "as built" permit required for accessory apartment. BP 7090 addition to dwelling COZ-5920 BP 7597 accessory garage COZ-6237 BP 30611 adds/alts to accessory garage COZ-30707 BP 38047 hot water boiler/water heater COZ-36253 The certificate is issued to Shipman, Joseph & Shipman, Cathleen (OWNER) of the aforesaid building. /j SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL i I ELECTRICAL CERTIFICATE NO. 5/9/13 yi ~T PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORIRECE-1 OCT 1 2013 Auth nzed Sigoatur HOARD OF APPi-ALS t - 0 BUILDING DEPARTMENT • TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 5020 Oregon Rd, Mattituck SUFF. CO. TAX MAP NO.: 95.-3-4.1 SUBDIVISION: NAME OF OWNER(S): Shipman, Joseph & Shipman, Cathleen OCCUPANCY: ADMITTED BY Richard Lark, Atty. SOURCE OF REQUEST: Shipman, Joseph & Shipman, Cathleen DATE: 5/23/2013 DWELLING: # STORIES: 1.5 # EXITS: 2 FOUNDATION: cement block CELLAR: fill CRAWL SPACE: BATHROOM(S): 1 TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: covered front DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: GARAGE: DOMESTIC HOTWATER: yes TYPE HEATER: oil AIR CONDITIONING: TYPE HEAT: oil baseboard WARM AIR: HOT WATER: # BEDROOMS: 4 # KITCHENS: 1 BASEMENT TYPE: unfinished OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST: STORAGE, TYPE OF CONST: SWIMMING POOL: GUEST, TYPE OF CONST: OTHER: VIOLATIONS: Special Exception and "as built" permit required for accessory apartment. - Ir OCT 1 2013 BOARD OF APPEALS REMARKS: INSPECTED BY: MIKEV DATE OF INSPECTION: 3/18/2013 TIME START: 10:00am END: 11:05am C I ~ a EXECUTOR'S DEED (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8010 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the 9 d y of July, 2004 between FRANK TODRICK as Executor under the Last Will and Testament of Constance Ruthinowski a/Wa Constance Ruthinoski deceased; 10/13/03 Suffolk County Letters Testamentary issued 04126104 3861?2004 residing at 1070 ElQahs Lane, Mattituck, NY 11952 party of the first part, and JOSEPHi r SERPMAN and CATHLEEN It SMPMAN, his wife, residing at 985 Elijahs Lane, Mattituck, NY 11952 party of the second part, WTEAWSSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk. County, New York on 4-26-04 and by virtue of the power and authority given in and by said last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of 375,000.00 dollars, lawful money of the United States, paid by the party of the second part, does hereby grant r and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE'A' ATTACHED HERETO Premises is the same as Deed from Stanley F. Ruthinoski, Stella Ruthinoski and Constance Ruthinoski as surviving joint tenants dated 8/13/88 and recored 8/15/88 in Libor 10668 page 302. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said promises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVEAND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. I7V W17AMS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. FRANK TODRICK 0 C T 1 2013 BOARD OF APPF_ALS NYSBA Residential Real Estate Fomu on Hod)=* (9100) _i_ Copyright Capsoft°Developrtjent ~ ng and being at Maituck, in the Town of A[[ t~ certain plot, piece or parce f la being r.)ore (particularly bounded and cribed a f011owsoutno o, County of .Suffolk and State of Newwk, herly on the of Ore BorthwesNtCOrner of thetherein a terndescribed property end whi h m mutes is, inotuurn, situateoNorth from 43 degree concretes at a 33 minutes orner~ofdland now or formerly of Lloyd Wegner, and from said point or placeof along the southerly set at the northeast monument BEGINNING; utherly line of Oregon Road North 43 degrees 33 minutes 24 seconds East a RUNNING THENCE along the so distance of 100 feet; THENCE South 41 degrees 35 minutes 16 seconds East, of 200 feet; THENCE South 43 degrees 33 minutes 24 seconds West a distance of 100 feet; and North 4 d grew 35 of iinutes 16 seconds West a distance of 200 feet Lo the southerly line of Oregon the THENCE or place Ro a BEGINNING. OCT 1 2013 BOARD OF APPEALS r' STATE OF NEW YORK ) COUNTY OF SUFFOLK ss.: tL ) On the p day of July, 2004, before me, the undersigned, personally known to me or proved to me on the basis of satisfactory ev dence be appeared RANK TODRICT{, to the andividual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he executed the same in his 2t d that by his signature(s) on the instrument, the individual(s), or the person upon behalf in which trument. LIC C LORRALNE KLAPFER Noeary Publio. State of New York No.4828373 Quaalaed in SuWk County Commission Expires Nov. 30, 02`1a~~ s 4f 9 oC1 1 2073 ti3~li1R`? OF APPEP~~ Board of Zonin A eels A lication AUTHORIZATION OCT 1 2013 (Where the Applicant is not the Owner) We$, JOSEPH SHIPMAN and CATHLEEN residing at 985 Eli'ah's Lane, (Print property owner's name) SHIPMAN (Mailing Address) Mattituck, New York 11952 do hereby authorize Christian Rogers and (Ageet) (Contract Vendee) Daniela Vitali Special Exception Permit to apply for varteeee(q) ono behalf from the Southold Zoning Board of Appeals. J ` (Owner's Signature) Joseph' Shipman (Print Owner's Name) Ir (uwner s Signature-) Cathleen Shi man (Print Ocener's Name) Board of Zoning Anneals AnolicaHon ".tt•1 1 ! F. ocT 1 zo~3 AUTHORIZATION (Where the Applicant is not the Owner) 0~ ppPEAL~ I, CHRISTIANTT ROGERS and DANIELA residing at 110 Bank Street, Apt. 5d, (Print property owner's name) V TAL (Mailing Address) New York, New York 10014 do hereby authorize Richard F. Lark, Esq. of (Agent) Lark & Folts, Esqs. Special Exception Permit to apply for varianee(s) on vty behalf from the our Southold Zoning Board of Appeals. 'L . (Owner's Signature) Christian Rogers (Print owner's Name) (Owner's Signature) Daniela Vitali (Print Owner's Name) /o ; , . _ TOWN OF SOUTHOLD PROPERTY RECORD CARD 7'Z 0 34,1 OWNER STREETS) 0 VILLAGE DIST. SUB. LOT ~R Nf /ERC-t~tA n k l N c)fi E}~. /Y ACR. I Y6 I S W TYPE OF BUILDING RES" SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS CJgo 3ya o 3 1;7 vel 221/ mfrs ?pd' - L I ber 5(09 t- D~'-80 X I ' C~ v o ao 6 xf "10 11,V12-417 _s- If a V11 7 17,5 7500 2/25/20b!5 .2/.j//7;/ D Pe-A'. "70 9ez v LD Drin? C. v. v AGE' 570 R61/ BUILDING C DITIO r r t _ 7 2onPoo O . SK'.t E.:J/ ,",.yi r?aSk> ~nU7N/NoSKi If-f3',a N 1A FARM q~~~~Y ~NArv. r4?/ ,I, fu`N//r r :Mly oRS P Acre Value Per Value Acre lD~l~ bLD (J 5' 2 ~UiLa hAn(kti %[°Zc L/ Tillable 1 Sx;PS o~jh idl has cf1 ~a <~S. ~a,T n• 7 ~c, Tillable 2 Tillable 3 - 3aD MS ~ Gt ItPXa 1 ilTY)S Woodland 7 Q/O - ~J~ $ - U t nOS r f5{. +0 Sh,°aw~a~ # N{ X375 000 Swampland FRONTAGE ON WATER z -1 ~Z- Jt-2U, 0 Brushland FRONTAGE ON ROAD ~U G O O House Plot DEPTH X06 BULKHEAD Total DOCK .j LOR r IM i i 95.3-4.1 3/05 I" Bidg. ^ i 3 y f I F.A (Foundation Bath ' Dinette Basementr,t Floors V j K. Extension _ Extension 3 o v / p Ext. Walls r r Interior Finish LR. - 154 Extension Fire Place /y 0 Heat DR. ype Roof Rooms 1st Floor BR. Porc Recreation Room Rooms 2nd Floor FIN. B. Porch ~p (t2= l ZmoS 25 ~p Dormer 2w level 2a t? B = IZ 2 L 12~p Driveway _ 7Gai.rage a h[ X 3'2 G - 6`t 23 1.0 l.Q 0 ~g 8 Sgz 3 09 - Total ~OggFFO('rC ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 CA Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER y~ fit` Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 3, 2013 RE: Zoning Appeal No. 6697 Transmitted herewith is Zoning Appeals No. 6697 of Lark & Folts for Christian Rogers & Daniela Vitali - the Application for an Accessory Apartment in an Accessory Building to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, and Four Photos of Property as it Exists Questionnaire, Agricultural Data Statement with List of Active Farm Operations within 500 feet, Short Environmental Assessment Form, Transactional Disclosure Form, Two Page Cover Letter from Lark & Folts Dated September 30, 2013, Letter from Christian Rogers & Daniela Vitali to Members of the Zoning Board of Appeals, Letter from Joseph & Cathleen Shipman to Members of the Zoning Board of Appeals, Eight Pages of Contract of Sale Between Joseph & Cathleen Shipman and Christian Rogers & Daniela Vitali Dated August 9, 2013, Certificate of Occupancy No. Z5920 for Private One Family Dwelling Dated May 21, 1974, Building Permit No. 7090 Z to Build an Addition on Existing Dwelling Dated February 21, 1974, Certificate of Occupancy No. Z6237 for Private Accessory Garage Building Dated December 12, 1974, Building Permit No. 7597 Z to Build an Accessory Building Dated October 18, 1974, Certificate of Occupancy No. Z-3070 for Additions & Alterations to an Existing Accessory Building Dated January 21, 2005, Building Permit No. 30611 Z for Additions to Alterations to an Existing Accessory Building Dated September 1, 2004, Certificate of Occupancy No. 36253 for "as Build' Hot Water Boiler & Indirect Water Heater Dated May 23, 2013, Pre-Existing Certificate of Occupancy No. 36254 for Addition to Dwelling and Hot Water and Boiler Dated May 23, 2013, Housing Code Inspection Report Dated March 18, 2013, Three Pages Deed Between Frank Todrick and Joseph & Cathleen Shipman Dated July 9, 2004, Authorization Letter from Joseph & Cathleen Shipman to Christian Rogers & Daniela Vitali to Represent them in this Matter, Christian Rogers & Daniela Vitali to Richard Lark to Represent Them in this Matter, Copy of Property Record Card (Both Sides), Plans Showing Floor and Plumbing Schematic Dated April 23, 2013, Survey Showing Property as it Exists Dated May 7, 2013 Prepared by John C. Ehlers Land Surveyor. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/1/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP Rogers, Christian and RECEIVED 6697 Vitali, Daniela (CV) 2499 $500.00 OCT - 2 ?013 $500.00 By _Ic_ Thank you. ***RECEIPT*** Date: 10/02/13 Receipt#: 158887 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6697 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #2499 $500.00 Lark, & Folts Name: Lark, & Folts P O Box 973 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6697 BOARD MEMBERS 0 0 00 Leslie Kanes Weisman, Chairperson soar Southold Town Hall oy~ ~p 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Gerard P. Goehringer T Office_ Location: George Horning Town Annex /First Floor, Capital One Bank i Ken 54375 Main Road (at Youngs Avenue) Schneider CO(I1V1 I Southold, NY 11971 http://southoldtown.r)orthfork.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, NOVEMBER 7, 2013 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, Southold, New York 11971-0959, on THURSDAY NOVEMBER 7 2013- 10:10 A.M. - CHRISTIAN ROGERS and DANIELA VITALI CV #6697 - Applicant requests a Special Exception under Article III, Section 280-136(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 5020 Oregon Road Mattituck, NY. SCTM#1000-95-3-4.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth@Town Southold nv us Dated: October 7, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 'L) \ JJ #11406 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 31St day of October, 2013 i Principal Clerk LEGAL NOTICE - SOUTHOLDTOWN ZONING BOARD OF APPEALS THURSDAY NOVEMBER 7,2013 me this (ft, PUBLICHEARINGS. day of 2013. NOTICE IS HEREBY GIVEN, pur- 1050 AM rFFr Y pi noym suant to section 247 of the Town Law and N6694 - Request for Variances from previ- Town Code Chapter 280 (Zoning), Town ous ZBA Grant#5498, conditions #1 and 2 of Southold, the following public bearings and the Budding Inspector's September 6, will be held by the SOUTHOLD TOWN 2013 Notice of Disapproval based on an ap- ZONING BOARD O APPEALS the eion for building permit alterations to Town Hall, 53093 .[,lam in Road, Road, P.O. . Box an an existing non-conforming rmirrin building with 1179, Southold, Now York 11971-0959, on a conforming use (garage) at 1) change in THURSDAY , b ! E fBER 72013: use from accessory storage garage, 2) addi- 950 A ML2. 4= ISThN. REED. Inc. tion of utilities other than electric and cold #6696 Requesffoi V2rmance from Ar- water, located at 1185 NED'Road Mattituck, GCHMSTIN`A~VOLINSKI title XXIII Section 280-124 and the NY. SC1M#1000-106=9-8.4 Building` Isi#paetnfa August 13, 2013 11,10 AM TR >F - L HT NOTARY PUBLIC-STATE OF NEW YORK Notice of u Rai based on an ap Q=Qff (KEITH RRNSONI#666, 5 - No. 01 VO6105050 placation Rte -petmtt forscreen Request far ' porch addnlgtt tptsiUallrmg single family Sacthin e f:';allfied in Suff.tlk. County dwegin~ 1) Iees_jban.the code required questing fumy Cornmisilon Expire F--bruary 28. 2016 minimum' rear- , 8 tfbaek~of 75 feet, office space' tea - B _2 MIN located at.i+fa}M Fast BrulAoad (adj. s %;nd M a~ - ryeat to igsky si5`lai d,S4p4,d) Fsher's"Island. 3 Main 25) for Variance fiamArticle XXIt- Code Sec- NY. Sl tf10110%31d-8 CUichogue, 1 24.1 tibil 1W115(BI-and tLa builpGng inspec- A:M. • - CHRISTIAN ROGERS 11'+0 A M cc'r`AAIF OF SALES r ton's August 6,2W Notice of bsappruval and DANItLA VITALI CV 97 - BLSSETi: LrI k664A Aliylfcant requests requests based on ariappljcatidnfor building permit A,pp t n@kfs >Y $ ar Bit Han a-*OcW Exception under Article ffi, to darno7Rk add sVnsutu,; a new 1c3troom mdef` fiiYfKf7'fff. 380-136(13). Seetian , W1313(11). The Applicant is Lan1~M17'P d-sfi1&" 19 lase - The fAnCus"$te,ogafet_`;requasNag the owner requesting authorisation to than the P6, $adSetback of au yin tb ea,CSbtuh Acceasery establish an Acce ssory Apartment in sus 75 fcet,lecated #1.-0'MmhssserP.venue ApaAi6otttman }dE[isoLrY atnrcture, lo- aeceesory stmcture, toed[, at: 5$ Cos (ad j. Silith g Basin) Bated at 502~f i3'rEre9 itoad'Mattituek, Neck Road (corner of hliAdle Rof¢, ~SL'E'MBT6B0-36-1-1 NY. SCI'M#1000-95-3-0.1 aka Comty,Raute 4to Priva[e'RUWsj The ' Appealswillbearaltper- 1030 A.M. - ROY WARD. ITT #6691 - Mattituck, NY. SC17H#YfjBO-1,13-71933 ? eserialIgeadeshingtobe Request for Variances from Article =1 _ head hearing, and/or desiring to Code Section 280.116(B) and Article KA - Regtfes[ For, d2`t?tic0B Eton st*mit statements before the con- MW Code Section 280-124 based on an Article XXII Code Section 280-116(6) cltfnda of each libeling. Each hearing will application for building permit and the and Article XXIII Code Section 290- not start earlier than designated above. Building Inspector's August 5, 2013 Notice 124 based on an application for building Files are available for review during regu- of Disapproval concerning a permit for permit and the Building Inspector's Sep- lar business hours and prior to the day of "as built" patio structure, at; l) proposed tember 6, 2013 amended September 11, the hearing. If you have questions, please construction at less than the code required 2013 Notice of Disapproval con(;mmg contact our office . at, (631) 765-1809, or by bulkhead setback of 75 fsat„3) less than a permit to amend existing building per- emad: Vcki.Thth@Towo.Southold.nyus the code required mmm+mnnt rear yard out #38109z (storm repairs) to iiretude Dated: October 7, 2013 demolition and construction of a new ZONING BOARD OF APPEALS setback of 50 feel, 3) lei than seasonal dwelling, at; 1) con- LESLIE KANES WEISMAN, CHAIR- required minimum safe yard "oE proposed 15 feet, located at:4075 Stillwater ~ venue bulkhead at less than the code required PERSON bulkhead setback of refeet, 2) less than BY. Vicki Toth (adj. to Fast Geek aka Eugene's Creek) _ CLtchogue, NY. SCI'M#1000-137-1-8.1 the t of un. code required rear yard 54375 Main Road (Office Location)' setback of 3S feet, located at 600 Rab- 53095 Main Road (Mailing/USPS) bit Lane (adj. to Gard'ener's Bay) East P.O. Box' 1179 Marion, NY. SCTM#1000-31-18-13 Southold, NY 11971-0959 11.406-1T 10731 ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ROGERS, C. & VITALI, D. (CV) #6697 MAP # 95.-3-4.1 VARIANCE SPECIAL EXCEPTION REQUEST ACCESSORY APARTMENT IN ACCESSORY BLDG. DATE: THURS, NOV. 79 2013 10:10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. CLONING BOARD-TOWN OF SOUTHOLD 765-1809 00 Q* 6 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: httpi//southtc)wii.northfork.net October 7, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, November 7, 2013 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 Suffolk Times. 1) Before October 215t: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the 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 mailing address or to deliver the letter to the current owner, to the best of your ability. and to confirm how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible; AND not later than October 28th: Please either marl or deliver to our office your Affidavit of Mailing (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 October 30th: 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 Posting for receipt by our office before November 5, 2013. 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 Ends. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS CHRISTIAN ROGERS and DANIELA VITALI (Name of Applicants) SCTM Parcel # 1000- 95 - 3 - 4.1 COUNTY OF SUFFOLK STATE OF NEW YORK I, BARBARA DIACHUN residing at 875 School House Road, Cutchogue, New York, being duly sworn, deposes and says that: On the 19th day of October 2013, I personally mailed at the United States Post Office in Cutchogue , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property 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. l 1.~Ml~,d te[ ~A.dilarv (Signature) Barbara Diachun Sworn to before me this 221.6 dayof October 120 13 (Notary Public) RKAggpF LNIK %2ii of No Vwk "M So Ca~ E VA*; st,tpcZo1il PLEASE list on the back of this Affidavit or on a sheet o-'paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Christian Rogers and Oniela Vitali (SCTM #1000-03-4.1) 1000-095.00-03.00-003.005 Postal n CERTIFIED MAIL. RECEIPT r ° in; " LLn BE Lm NY 11316 . Ln ru Postage $ $0.46 0935 C3 Cedifietl Fee $3.10 03 1 k Return Reciept Fee ( 9 (Endorsement Required) $2.55 0 Restricted Delivery Fee / L r( (Endorsement Required) $0.66 (u,~ r-q M Total Postage & Fees $ $6.11 Y ru p Sent TO Qjlce B Berry aIIma r- kA7 n arr t X or r r- Po ox No. PO Box 40 CI(y,-§tate,ZIF+J Bellmore NY 11710 "WREHRMPRM 1000-095.00-03.00-003.006 C' olvef JHme P[5 T q,, Lal #003. oaS)- 6 " 404144a'S 64:a 1000-095.00-03.00-008.001 Postal C3 CERTIFIED MAIL. RECEIPT ru (Domestic t1EtJ YoM; NDp ru Postage $ $0.46 vrw! Certified Fee $3.10 03 O 0 Return Reciept Fee Po a1lA'i (Endorsement Required) $2.55 1. wA$ \ D~n• O Restricted De livery Fee Fee M (Endorsement iveryr Required) $0.00 M Total Postage & Fees $ $6.11 10 131rJe` ru o Sent To o M ttitt ck Fa H1dnQ I C SS c -n-Ate v dgxe.. x.4R e X- t - r` s eei,npr. e.; IZ rian en e.POee "e. IZ venue of the Americas - City State, ZIPt4F - N'ew York NY 10020 Page 1 of 2 h fir Christian Rogers and •niela Vitali (SCTM #10003-4.1) 1000-095.00-01.00-001.001 Postal o .CERTIFIED MAIL,: RECEIPT . - Ln to 1-1 1M . ,--E $0.46 0435 rA Postage $ A certified Fee $3.10 03 Iq 11 ! efe I ° Rehm Receipt Fee 52.55 O °(FStloMmeM Required) Resalc{ed De'W' Fee $0.00 to (Endorsement Repuiretl) ~J ° $6.11 10%f9t2oL~5~ Total Postage & Fees (0 (0 M ra Sent o Lowerre Partners LLP ra Attn Davidoff &--Nalito--LLP----------------- ° s taR" fy5 -TT.1 Ave r or Po eox na. 3 - ~~°e•Z1~New York NY 1O15C 1000-095.00-01.00-002.000 Postal Service,, CERTIFIED MAIL,,, RECEIPT M (Domestic Mail Only; No Insurance Coverage Provided) to n Ln a CO $0.46 0435 .-D Postage $ r-R certified Fee $3.10 03 rq po ° Retum Receipt Fee ~55` ° (Endorsement Required) 9 ° Restdctetl Delivery Fee $0.00 C3 (Endorse=M Requlred) ° $6.11 0I Ln Total Postage & Fees M a sent TO Little Bear Realty Inc a ACC~1-R~y? is-t && Tito-_LLF------------------ ° SbeethMNo.- Att Howar B Present t` o POSOXNO 605 Third Ave ciy state; rR:+FI--34 - New York NY 10158 1000-095.00-01.00-003.001 ( nme RS T X Lat 66a. 0001 fit, "f Page 2 of 2 LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOUFOLTS October 22, 2013 Ms. Vicki Toth Zoning Board of Appeals Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 RE: Christian Rogers and Daniela Vitali #6697 (SCTM 1000-95-3-4.1) Dear Ms. Toth: Pursuant to the notice from the Zoning Board of Appeals dated October 7, 2013, I am enclosing the Affidavit of Mailings along with the certified mail receipts. Very truly yours, 4.? l ichard F. Lark RFL/bd Enclosure TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING CHRISTIAN ROGERS and DANIELA VITALI (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 95 - 3 - 4.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, JOSEPH P. SHIPMAN residing at 985 Elijah's Lane, Mattituck New York, being duly sworn, depose and say that: On the 22nd day of October , 2013 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (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 (7) days prior to the date of the subject hearing date, which hearing date was shown to be November 7, 2013. (Si ) Joseph P. Shipman Sworn to before me this 4th Day of November 201 3 ~y Public) BARBARA MACHUN No PiWShMdNvwYak No DIDMM190 • sift ewk cmmw"wee W. st of y * near the entrance or driveway entrance of my property, as the area most visible to passerby. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS November 4, 2013 Ms. Vicki Toth Zoning Board of Appeals Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 RE: Christian Rogers and Daniela Vital' #6697 (SCTM 1000-95-3-4.1) Dear Ms. Toth: Pursuant to the notice from the Zoning Board of Appeals dated October 7, 2013, 1 am enclosing the Affidavit of Posting. Very truly yours, R'chard F. Lark RFL/bd Enclosure LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tale. No. (631) 734-6807 NOV 4 2013 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS November 6, 2013 Ms. Vicki Toth Zoning Board of Appeals Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 j RE: Christian Rogers and Daniela Vital' #6697 (SCTM 1000-95-3-4.1) Dear Ms. Toth: Pursuant to the notice from the Zoning Board of Appeals dated October 7, 2013, I am enclosing the green signature cards from the certified mailings. Very truly yours, Z, y~ ichard F. Lark RFL/bd Enclosure Christian Rogers and4&niela Vitali (SCTM #1000-3-4.1) 1000-095.00-03.00-003.005 SENDER: ¦ Complete items 1, 2, and 3. Also complete A• Hem 4 H Restricted Delivery is desired. 11: 0 Agent ¦ Print your name and address on the reverse ;~r_ ? Addressee - so that we can return the card to you. B ived by (Panted Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece,' or on the front if space permits. ifferent 1? 0 1. Article Addressed to: D. Is delivery adC d Yes H YES, er Nery ad 17 No Alice B Berkman Attn Barry Berkman PO Box 40 \p , Bellmore NY 11710 3. Servke type 13 Certified Mall 0 elprese Mail 0 Registered 0 Ram Receipt for Merchandise 0 Inaued Mail 0 C.O.D. 4. Restricted Delivery! Pit Fee) ? Yes 2. Artldr 7002 3150 0000 2554 6196 (ria1mfor /er ftm from aendoe kw PS Form 3811, February 2004 Domestic Rehm Receipt 102595-02-W1540 1000-095.00-03.00-003.006 6"r oco"er as- /D60_ o9rao-o3.oa-a63•aaS) 1000-095.00-03.00-008.001 ~f p~- r~i~urNe~ Page 1 of 2 Christian Rogers andlkniela Vitali (SCTM #1000-3-4.1) 1000-095.00-01.00-001.001~(y (v a~ f~lomed 1000-095.00-01.00-002.000 /V 0D rc u rNPd 1000-095.00-01.00-003.001 I SI~Yr e owrvef- fly /b 06 _ p qj p p D 6 00 0 ) Page 2 of 2 BOARD MEMBERS 0 0 Leslie Kanes Weisman, Chairperson oF sooTy Southold Town Hall Eric Dantes 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Gerard P. Goehringer Offic T nrat' George Horning 4 Town Annex /First Floor, Capital One Bank Ken Schneider l~CO~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://soutboldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 October 2, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6697 Owner/Applicant: Rogers, Christian & Vitali, Daniela Action Requested: Special Exception - Accessory apartment in accessory building Within 500 feet of: State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. BOARD MEMBERS • 0 Southold Town Hall Leslie Kanes Weisman, Chairperson 0F $UUl 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes ~t Mier, Location: Gerard P. Goehringer u+ Q Town Ann" /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider 1~C0~ N Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS D TOWN OF SOUTHOLD OCT - 2 2013 Tel. (631) 765-1809 • Fax (631) 765-9064 s! ar P -N, TO: SOUTHOLD TOWN BUILDING DEPARTMENT - ~',i ~~Iuiliol~ RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application No.: 6697 - Rogers, Christian and Vitali, Daniela (CV) Date sent to Building. 10/2/13 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based upon the information listed above _The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code _The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area- livable floor area cannot be verified. COMMENTS: Signature of reviewer Date: Adopted by the Board ofAppeals: May 18, 2011 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson *rf SOU TiyO 53095 Main Road • P.O. Box 1179 ~O !p Southold, NY 11971-0959 Eric Dantes # Office Location: Gerard P. Goehringer y ac Town Annex /First Floor, Capital One Bank ell- George Homing ~O 54375 Main Road (at Youngs Avenue) % OIyCOO Southold, NY 11971 Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 November 22, 2013 Richard F. Lark, Attorney P.O. Box 973 ~Cutchogue, NY 11935 Re: Special Exception #6697 - Shipman/Rogers&Vitali Dear Mr. Lark: Transmitted for your records is a copy of the Board's November 21, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki"Toth Encl. 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