HomeMy WebLinkAbout5472 I-
TWOMEY, LATHAM, SHEA & KELLEY, LLP
ATTORNEYS AT LAW
THOMAS A.TWOMEY,JR. 33 WEST SECOND STREET EAST HAMPTON OFFICE
STEP,HEN B.LATHAM P. O: BOX 9398 20 MAIN STREET
JOHN F.SHEA, III RIVERHEAD, NEW YORK 11901 EAST HAMPTON,N.Y.11937
CHRISTOPHER D.KELLEY (631)324-1200
MAUREEN T.LICCIONE
DAVID M.DUBIN O TELEPHONE: (631-) 727-2180 SOUTHAMPTON OFFICE
P.EDWARD REALE FACSIMILE: (631) 727-1767 51 HILL STREET
PETER M.MOTT SOUTHAMPTON,N.Y.11968
SUZANNE V.SHANE (631)287-0090
JAY P.OUARTARAROt www.suffolklaw.com '
JANICE L.SNEAD PORT JEFFERSON OFFICE
MARTHA L.LUFT 105 MAIN STREET
JANE DIGIACOMO Email address: mfinnegan@suffolklaw.com@suffolklaw.com PORT JEFFERSON STA.,N.Y.11776
(631)928-4400
OF COUNSEL Direct fax: (631) 727-2385
KENNETH P.LAVALLE BAY SHORE OFFICE
JOAN C.HATFIELDA ONE EAST MAIN STREET,SUITE 1
ALICIA SHEEHAN O'CONNORA Ext. 233 BAY SHORE,N.Y.11706
(631)665-8300
ANNE MARIE GOODALE
PHILIP D.NYKAMP HAUPPAUGE OFFICE
DENISE R.SCHOEN 400 TOWNLINE ROAD
LAURA I.SGUAZZINA HAUPPAUGE,N.Y.11788
MARTIN D. FINNEGAND (631)265-1414
TRACY KARSCH PALUMBO February 4, 2004
BRYAN C.VAN COTT+
Y� O NY 8 LA BARS
ERIK J.BU RGOS t LL.M.IN TAXATION
p NY 8 CT BARS
O NY,NJ,&PA BARS
NY 8 NJ BARS
Ruth D. Oliva, Chairperson NY,NJ,8 DC BARS
Zoning Board of Appeals
Town of Southold
Town Hall,53095 State Route 25
Southold,New York 11971-0959
RE: DCE/Deroski Land Holdings,LLC
S CTM: 1000-136-100-20
Dear Chairperson Oliva:
Please be advised that our client, DCE Land Holdings, LLC has decided to
withdraw their application for a Lot Line Modification and related variances at this
time. We will, therefore, not be appearing at the scheduled hearing of this matter on
February 26, 2004. Thank you for your consideration.
V y--. ly,yours,
r ' Finnegan
MDF:yq
cc: Robert Deroski
Cp FORM NO. 3
NOTICE OF DISAPPROVAL
DATE; August 18, 2003
—_AMENDED: September 5, 2003
GORENEWED: December 19, 2003
r� "•oo �w�-_
TO: Twomey, Latham, Shea&Kelly A/C DCE Land Holdings LLC
33 West Second Street
Riverhead,NY 11901
PIease take notice that your application dated August 18, 2003 i
For permit lot line change at
Location of property 2725 Harbor Lane, Cutchogue
County Tax Map No. 1000 - Section 136 Block 1 Lot 20, 21, 22, 24.1
Is returned herewith and disapproved on the following grounds:
The proposed lot line change to these non-conforming parcels in the Residential R-40 District is not
permitted, pursuant to Article IIIA Section 100-30A 3 which states-,
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect
as if such regulations were set forth herein full."
Bulls schedule requires that such parcels measure no less than 40.000 square feet in total size
Following the proposed lot line change parcel one which currently measures 36,839 square feet will
measure 30,604 and parcel two (which currently measures 32,437 square feet)will measure 38 672
square feet.
This Notice of Disapproval was amended on September 5, 2003, to take out the waiver of merger
at the request of the applicant who does not wish to ask for a waives-of metier at this time,with
respect to the rear Portion of parcel 2.
L'**�orized'
CC: file, Z.B.A.
APPLICA'1'i0N TO THE SOUTHOLD TOWN OARD OF APPEALS
For Office Use Only
Fee:S Filed By: Dnte Assigned/Assignment No. G
Office Notes: �, C)
Parcel Location: House No.2725 Street-Harbor Lane Hamlet Cutchogue
20, 21, 22 (Parcel 1-26,839;Parcel 2
SCTM 1000 Section136 Blockl Lot(s)24 1 Lot Size 32,437) Zone District R-40
I (WE) APPEAL THE WRITTVN DETERMINATION OF THE BUILDING INSPECTOR
DATED: ,-J l ,q t0 5
Applicant/Owner(s): 1)(,F. Land Holding, T T C/Rnbert J. DernG i. Revocable Trust
Mailing
Address:-2835 Harbor Lane, Cutchogue, New York
t-
Telephone: 734-6633 7a7 (_7 D. 6 )(
NOTE: If applicant is not the oivner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative: Martin D. Finnegan, Esq.
Twomey, Latham, Shea & Kelley, LLP
Address: 33 West Second Street, P.O. Box 9398, Riverhead, New York 11901
Telephone: 727,180
Please specify who you wish correspondence tb be mailed to, from the above listed names:
0 Applicant/Owner(s) [Authorized Representative ❑ Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 8/18/03
FOR:
❑Buiiding Permit.
❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy
❑ Change of Use
❑Permit for As-Built Construction
Other: Lot line modification
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article TTTA Section 100- 30A Subsection 3
Type of Appeal. An Appeal is made for:
N A Variance to the Zoning Code or Zoning Map.
❑ A Variance due to lack of access required by New York Town Law-Section 280-A.
❑ Interpretation of the Town Code,Article Section
❑ Reversal or Other
A prior appeal❑has f�has not been made with respect to this property UNDER Appeal
No. Year
i
Page 2 of 3 - Appeal Application
Part A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties, if granted, because:
See Exhibit "A"
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
See Exhibit "A"
(3) The amount of relief requested is not substantial because:
See Exhibit "A"
(4) The variance will NOT have an adverse effect or.Impact on the physical or environmental
conditions in the neighborhood or district because:
See Exhibit "A"
(5) Has the variance been self-created? ( ) Yes, or ( X) No. if not, is the construction
existing, as built? ( ) Yes, or ( ) No.
(6) Additional information about the surrounding topography and building areas that relate to
the difficulty In meeting the code requirements: (attach extra sheet as needed)
This is the MINIMUM that is necessary andadequate, and at the same time preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PART B, ons n next page to apply USE VARIANCE
STANDARDS. (Please consult your attorney.) the lease roceed to the si nature and
notary area below.
Signature o lant or Authorized Agent
Sv/orn to before me this (Agent rq! s ' Authorization from Owner)
f^Pda of .
ota ublic)
13RYAN C.Notary Publ c st VAN
te of Now York
No.02VA5077332 ZBA App 9/30102
Qualified in Suffolk CountvZ,,
Commission Expires may s, �-
TOWN OF SOUTHOLD .
ZONING BOARD OF APPEALS
----------------------------------------------------------------------X
In the Matter of the Application of
DCE Land Holdings,LLC and the
Robert J.Deroski Revocable Trust
----------------------------------------------------------------------X
MEMORANDUM OF LAW OF
DCE LAND HOLDINGS, LLC
IN SUPPORT OF APPLICATION
PRELIMINARY STATEMENT
This Memorandum of Law is submitted on behalf of DCE Land Holding
LLC., ("DCE") and Betty R. Deroski as Trustee of the Robert J. Deroski Revocable
Trust ("Deroski") for a modification of the Lot-Line currently existing between
the applicants' respective properties. DCE is the owner of the parcel identified
on the Suffolk County Tax Map as No. 1000-136-1-20 (hereinafter referred to as
Lot 1). Deroski is the owner of the parcels identified by Suffolk County Tax Map
No. 1000-136-1-21, 22 and 24.1. (hereinafter referred to as Lot 2). As depicted on
the attached survey map, Lot 2 was initially comprised of sub-lots 21 and 22
only,however, those lots have merged with sub-lot 24.1 by operation of law. For
the reasons set forth below, DCE and Deroski submit that the variance sought
should be granted.
STATEMENT OF FACTS
As depicted on the attached Map, Lot 1 is currently comprised of sub lots
99-105. Lot 1 is improved with a single-family dwelling. Lot 2 is comprised, in
pertinent part, of sub-lots 93-98. Lot 2 also includes sub-lot 24.1 by merger. The
existing Lot-Line between Lots 1 and 2 bisects sub lots 98 and 99. With this
- 1
i •
application, DCE and Deroski propose to move the existing Lot Line from its
current location to the line bisecting sub-parcels 100 and 101. (See attached map).
The subject parcels are located in the Low Density Residential (R-40)
Zoning District where parcels are required to be no less than 40,000 square feet.
However, the majority of the neighboring lots are substandard with most being
one half acre or less. Lots 1 and 2 are also substandard within the R-40 Zone. At
its current dimensions, Lot 1 is 36,839 square feet. Lot 2, as a result of the merger,
is currently 32,437 square feet. If the modification is approved, the resulting Lot
1 will be 30,604 square feet leaving Lot 2 larger at 38,672 square feet. As such, a
variance of 23.5%is needed for Lot 1 to effectuate the Lot Line modification.
The applicants request a variance from the requirements of Article IIIA of
the Southold Town Code,Section 100-30A.3 which provides:
"No building or premises shall be used and no building or part thereof
shall be erected or altered in the Low Density residential R-40 District
unless the same conforms to the requirements of the Bulk Schedule and of
the Parking Schedule, with the same force and effect as if such regulations
were set forth herein full".
Specifically, the applicants seek a variance from, the Bulk schedule which
requires that any such parcel be "no less than 40,000 square feet in total size". A
Notice of Disapproval reflecting these requirements was issued to the applicants
on August 18, 2003 and amended on September 5, 2003.
2
ARGUMENT
THE APPLICANTS HAVE SATISFIED THE REQUIREMENTS
FOR THE ISSUANCE OF THE REQUESTED AREA VARIANCE
Pursuant to Section of the Southold Town Code and Section 267-b
of the Town Law, the Zoning Board of Appeals must consider in determining
whether to grant an application for an area variance whether the benefit to the
applicant by grant of the requested variance outweighs the detriment of the
health, safety and welfare of the neighborhood or the surrounding community.
When the conducting the weighing analysis set forth above, the Board is also
charged with considering the following five factors:
1. Whether an undesirable change will be produced in the character of
the neighborhood or detriment to nearby properties will be created
by grant of the area variance.
The applicants submit that the grant for the requested variance will not
create an undesirable change in the neighborhood nor a detriment to the value of
nearby properties. The relief granted by the applicants is simple and straight
forward. The applicants seek only to move the lot line between Lots 1 and 2
resulting in a de minimis change to the dimensions of each lot. As for Lot 1, the
proposed modification will result in a parcel measuring 30,604. square feet.
Since Lot 1 is improved with a single family dwelling, ,the modification will
result in a lot which is more conforming with the character of the existing
neighborhood where most lots are approximately one-half acre in size.
Conversely, the resulting Lot 2, which is vacant land, will become substantially
3
conforming in the low density residence R-40 zone. The applicants can perceive
no detriment to any nearby property if the variance is granted.
2. Whether the benefits sought by the a112licant can be achieved by some
method feasible for the a12121icant to pursue other than an area variance.
Although the existing lots are already substandard and non-conforming,
in light of the current zoning classification, the applicant cannot effectuate the
proposed lot-line modification in the absence of the relief requested from the
Zoning Board of Appeals.
3. Whether the requested area variance is substantial.
The requested area variance is in no way substantial. The variance
requested for Lot 1 from the 40,000 square foot requirement is 23.5%. As for Lot
2, the dimensions will actually increase to a size within 3% of the required square
footage.
4. Whether the requested area variance will have an.adverse impact on the
physical and environmental conditions of the neighborhood.
The requested variance will in no way have an adverse impact on the
environment and will, in fact, improve the physical conditions of the
neighborhood. The applicants submit that the modification will bring the
improved Lot 1 into conformity with the neighboring lots which are for the most
part, half-acre lots. In addition, the modification will cause Lot 2, which is now
vacant to be more conforming within the R-40 zone. Since no construction is
contemplated on Lot 2, the applicants perceive no immediate environmental
impact.
4
5. Whether the alleged difficulty was self-created.
While the applicant concedes that the low density residential district was
created before they took title, it is submitted that the issue of self-creation is not
determinative here. In light of the de minimis relief requested, the applicant
submits that the issue of self-creation should be disregarded by the Zoning Board
of Appeals.
CONCLUSION
The applicants respectfully request that the requested variance for Lot 1
from the bulk schedule requirements be granted and the that the lot line
modification be approved. The applicants submit from a planning perspective,
the modification of this lot line will serve the dual purpose of maintaining the
character of the surrounding community where creating a substantially
conforming lot in the low density residential zone with no adverse effect or
impact on the physical or environmental conditions in the neighborhood or
district.
Dated: December 18, 2003
Riverhead,New York
0�0 L T M, SHEA &KELLEY,LLP.
Attorneys o Appl cant
BY:
TIN D. FINNEGAN
33 West Second Street
.O. Box 9398
erhead,NY 11901
(631) 27-2180
5
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s): DCE Land Holdings, LLC
I. If building is existing and alterations/additions/renovations are proposed: N/A
A. Please give the dimensions and overall square footage of extensions beyond existing building
Dimensions/size:_
Square footage:
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building: N/A
Dimensions/size:_
Square footage:
II. If land is vacant: .
Please give dimensions and overall square footage of new construction:
Dimension/size: NIA
Square footage:
Height:
III. Purpose and use of new construction requested in this application: N/A
IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
None
V. Please submit seven (7)photos/sets after staking corners of the proposed new construction.
7/02
Please note:Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
❑Yes �allo
B. Are there any proposals to change or alter land contours?
❑Yes PrNo
C. 1) Are there any areas that contain wetland grasses? No
2)Are the wetland areas shown on the map 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
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? N/A (If not applicable, state "n/a".)
E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown
on the survey map that you are submitting? No (If none exist, please state
"none".)
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 map as approved by the Building
Department. If none,please state.
Sep. Fxhib'G. Do you or any co-owner also own other land close to this parcel? A = Ifyes,please explain
where or submit copies of deeds.
H. Please list present use or operations conducted at this parcel va am 1 anti/structu-6
and proposed use same
Authorized Signature and Date
4
PROJECT I.D. NUMBER
SEQR
617.21
Appendix C
State Enviraninental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—Project Information(To be complete by Applicant or Project sponsor)
1.Applicant/Sponsor 2.Project Name
DCE LAND HOLDING, LLC DCE DEROSKI Lot Line Modification
3.Project location: Municipality County
Southold Suffolk.
4.Precise location(Street address and road Intersections,prominent landmarks,etc.or provide map)
2725 Harbor Lane, Cutchogue, NY, at intersection
of Harbor and Oak Street
5.Is proposed action:
( )NEW ( )EXPANSION ( )MODIFICATION]ALTERATION 4
N/A
6.Describe project briefly:
Movement of Lot Line which now lies between sub-parcels 98 and 99
to the line between sub-parcels 100 and 101.
7.Amount of land affected:
Initially: acres; Ultimately: acres
.85 Lot 1 .70 acres / Lot 2 initially .74 ultimately .89
8.Will proposed action comply with existing or other existing land use restrictions:( )YES ( )NO If No,describe briefly:
The lots are substandard in the R-40 Zone but conforming with surrounding lots.
9.What Is present land use in vicinity of project:(describe):
( )Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/OPen Space ( )Other
10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)?
{ )YES ('.X)NO If Yes,list agency(s)and permitlapprovals:
k
11. Does any aspect of the action have a currently valid permit or approval?
( )YES { ) NO If Yes,list agency(s)and permitlapprovals:
12.As a result of proposed action,will existing permit/approval require modificallon?
( )YES ( )NO If Yes,list agency(s)and permit/approvals:
!certify that the information provided above is true to the best of my knowledge
Appli=AX:
a : Twomey, Latham, Shea & Kelley, LLP Date:
Martin D. Finnegan -
Signature:
If the actin n the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessrr
�PIIANSnC'C10NnL. n.LScr.USURR COR40
The Town of SouL-liold's Code of-- EL111cs prohibits conflicts of
interest on tl►e p4rL of_Lown officers. and employees The
uurrpose of this form is to provide infarmaL•ion which •can
alert the town of possible cohl•licts of interest and allow
it to take' whaLever action is necessary to avoid same_
'YOUR NARF: DCE Land Holding, LLC
(Last name, Clrst 'name, micictle inll;ial,' •unless
you are applyincp in the ltnme of someone el9e or -
other entLty, such as x company. IF so, indlcnL•e
the• ot11er persan's or compaany's taamP. )
NATURE OF APPt,1cATl,oN: (Ch(-ck all. that. apply. )
'Pax grievance
Variance
Change of zone
Approval of plat
Exemption From plat or oCCiciat tttap lot line modification
Other
(IC '10ther,'° name the activity. )
po you personally (or through your company, U130119e, sib.l.lnq,
parent, or child) have a relationslip with any officer or
employee of the Town of Soutllold7 "Relationship" includes
by blood, marriage, or business interest_ "nuninesA
Interest" means a' businena, includi.ny a partnership, Dl
which the town officer. or, employee has evert a partial
ownership of (oir employment by) -a corporaLiort in which
the town: officer or' employee owns more than 5% of: the —
shares.
Yrs NO x
If you answered "YES," complete the balance or: this Corm and •
date and sign vliere ind.icaLed.
Name of person•employed 4y L•11e Town oT Southold
Title or position of that person
Describe the relationship beL•weett yourself (the" app.licattL- )
and the town officer or employee. Etcher check the
appropriate line A) through O) and/or describe in the space
provided.
The town officer or emptoyeP. or his or her spouse, aLbI.iny,
parent, or child is (check a11. that apply) -
A) the owner of gnenter than• 5% of the shares of Lhe
corporate stock 'O f'•t�1 P_•eppl l'Catlt IwhP_l7 tl1 P_ app)l.icali l;
is a corporation) ;
P) the legal or benericia.l owner oC any interest- l.n a
noncorporate entLty (when tile, applicant ts, noL
corporation) ;
C) an officer, Cilrecto'r, partn(-r, dr employee of. I:he
applicanL; or '
D) the acL•ual nppLlcnnL- .
.I)BSCRtTTION OF R61,ATIONSUTP
Tracy Karsch Palumbo
Suhnlit-Aind .tills 121 clay ockK 1i,&;_ 2003
Public, State of New York
Notary ,I q n a t:.0 r,
No.()ZPA6087274 —
Qualified in Suffolk County Betty R. Deroski as Trustee of the
Tres February 18, 2007 Ill, I ill: n,m� Y _ ...._._ '
COmYniss.ion P -Robert ..J. Deroski Recovable Trust
AUTHORIZATION
I, Betty Deroski, as co-trustee of the Robert J. Deroski Irrevocable Trust,
hereby authorize Twomey, Latham, Shea & Kelley, LLP., to act as my agent on
the property at SCTM # 1000-136-1-21,22, 24.1 in Southold, New York and
handle all necessary work involved in the lot line modification process with the
Southold Planning Board.
�j
ETn DE OSKI
r l to before me this
y of September, 2003.
ota r fg li�FINNEGAN
Not ublic, tats of Now York
No. 0 F16066707 t�
Qualified i ires Marc 26,20..�.,.
Commission Exp
TWOMEY, LATHAM, SHEA & KELLEY, LLP
ATTORNEYS AT LAW
THOMAS A.TWOMEY,JR. 33 WEST SECOND STREET EAST HAMPTON OFFICE
STEPHEN B.LATHAM P. O. BOX 9398 20 MAIN STREET
JOHN F.SHEA, III RIVERHEAD, NEW YORK 11901 EAST HAMPTON,N.Y.11937
CHRISTOPHER D. KELLEY (631)324-1200
MAUREEN T.LICCIONE
DAVID M.DUBINO TELEPHONE: (631) 727-2180 SOUTHAMPTON OFFICE
P. EDWARD REALE FACSIMILE: (631) 727-1767 51 HILL STREET
PETER M.MOTT SOUTHAMPTON,N.Y.11968
SUZANNE V.SHANE (631)287-0090
JAY P.OUARTARAROr www.suffolklaw.com
JANICE L.SNEAD PORT JEFFERSON OFFICE
MARTHA L.LUFT 105 MAIN STREET
JANE DiGIACOMO PORT JEFFERSON STA.,N.Y.11776
(631)928-4400
OF COUNSEL
KENNETH P.LAVALLE BAY SHORE OFFICE
JOAN C.HATFIELDA ONE EAST MAIN STREET,SUITE 1
ALICIA SHEEHAN O'CONNORA BAY SHORE,N.Y.11706
(631)665-8300
ANNE MARIE GOODALE
PHILIP D. NYKAMP HAUPPAUGE OFFICE
DENISE R.SCHOEN 400 TOWNLINE ROAD
LAURA I.SGUAZZINA HAUPPAUGE,N.Y.11788
MARTIN D. FINNEGAN° -0 (631)265-1414
TRACY KARSCH PALUMBO q•�.�1•
BRYAN C.VAN COTT+
ERIK J.BURGOS" 1 `Gj D� �NY 8 LA BARS
I G -r LL.M.IN TAXATION
NY 8 CT BARS
PA
December 18, 2003 p NY.NJ,8 AR BARS
NY 8 NJ BARS
Ruth Oliva, Chairperson NY,NJ,8 CC BARS
Southold Town Zoning Board of Appeals
Town Hall, 53095 State Route 25
Southold,New York 11971-0959
RE: Area Variance Application for DCE/Deroski Lot Line Modification
Dear Chairperson Oliva:
With respect to the above referenced Area Variance Application, please find
enclosed seven (7) copies of the following:
1. Amended Notice of Disapproval dated December 19, 2003 with the
underlying application;
2. Application with accompanying exhibit and survey map;
3. Short form EAF;
4. Transaction Disclosure and Authorization
5. ZBA Questionnaire; and
6. Application fee $400.
May this letter also confirm that,by copy of this letter with enclosures, the above
has been served upon the Southold Town Building Department. Thank you for your
consideration.
ry truly yours,
_ _ y
MDF/yq Martin . Finnegan
Enclosures
cc: Building Department
ELIZABETH A.NEVILLE _� G'1� Town Hall�53095 Main Road
TOWN CLERK h P.O.Box 1179
REGISTRAR OF VITAL STATISTICS 0-0 Southold,New York 11971
MARRIAGE OFFICER y,L ��� Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER _7�,� .�� Telephone(631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A.Neville, Southold Town Clerk
DATED: December 26, 2003
RE: Zoning Appeal No. 5472
Transmitted herewith is Zoning Appeal No. 5472 of DCE Land Holdings
LLC/Robert J. Deroski Revocable Trust by Twomey, Latham, Shea & Kelley
LLC for a variance. Also included is: Letter of Transmittal dated December 18,
2003; Project Description; Applicant Transactional Disclosure Form; ZBA
Questionnaire; Short Environmental Assessment Form; Notice of Disapproval
dated September 5, 2003, amended December 19, 2003; letter of authorization;
and survey.
Town Of Southold
P.O Box1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 12/24/03 Receipt#: 55307
Transaction(s): Subtotal
1 Application Fees $400.00
Check#: 55307 Total Paid: $400.00
Name: DCE, Land Holdings LLC
2725 Harbor Ln
Cutchogue, NY 11935
Clerk ID: LINDAC Internal ID:84426
TOWN OF SOUTHOLD PROPERTY RECORD CARD �_ �s-
OWNER STREET - 27 VILLAGE DISTRICT SUB. LOT* f0���1��
!ice z ;r
FORMER OWNER N E ACREAGE
�L t,5 S W TYPE OF BUILDING � a
RES. SEAS. VL. FARM COMM. I IND. I CB. MISC. Est. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
1-2 0 y�Q' S Ca Ce L��7 �A,os - g�--n 0 0 q At 0 0 (o 0 o P�-6 -
- aa�
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE FRONTAGE ON WATER
Farm Acre Value Per Acre Value FRONTAGE ON ROAD
Tillable 1 BULKHEAD
2 DOCK
ri I Table, 3 '14 ?
dVoodland '"
Swampland '
3rushland .,
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APPEALS BOARD MEMBERS - Southold Town Hall
53095 Main Road
Ruth D.Oliva,Chairwoman P.O.Box 1179
Gerard P.Goehringer Southold,New York 11971-0959
Lydia A.Tortora Telephone(631)765-1809
Vincent Orlando ZBA Fax(631)765-9064
James Dinizio http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN MEMO
TO: Planning Board
FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals
DATE: February 3, 2004
SUBJECT: Request for Comments
Presently, the Board of Appeals is reviewing the following applications for a February 26, 2004
public hearing:
NAME ZBA# DISAPPROVAL VARIANCE PLANS PREPARER
DATE/S DATE
DCE LAND 5472 8/18/02 LOT SIZE VARIANCE N/A N/A
HOLDINGS 9/5/03 DUE TO PROPOSED
136-1- 12/19/03 LOT LINE CHANGE
20,21,22,24.1 OF 2 SEPARATE
LOTS
TOWBEE 5492 1/26/04 MULTIPLE USES ON I N/A N/A
63-2-30.1 77,070 SQ FT
The Planning Board may be involved regarding a pre-submission review under the site plan
regulations of the Zoning Code. Your comments regarding this pending application are
requested.
By way of a copy of this letter, the applicant is requested to submit a current site plan to your
Department, if it hasn't already been submitted in a pre-submission review.
Thank you.
Enclosures, BD NOD, ZBA application
cc: Martin Finnegan, Esq. 727-1767
Abigail Wickham, Esq. 298-8565
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, FEBRUARY 26,2004 PUBLIC HEARING
NOTICE IS-HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code
of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD
OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on
THURSDAY. FEBRUARY 26,2004, at the time noted below(or as soon thereafter as possible):
10:40 a.m. DCE LAND HOLDINGS and ROBERT J. DEROSKI #5472. This is a request for a Variance
under Section 100-30A.3, based on the Building Department's August 18, 2002 Notice of Disapproval,
amended December 19, 2003, concerning a requested lot line change to reduce Parcel 1 with a merged
area of 36,839 sq. ft. to 32,437 sq. ft., and to increase Parcel 2 with a merged area of 32,437 sq. ft. to
38,672 sq. ft. Location of Property: Eugene Heights, 2725 and 2855 Harbor Lane, Cutchogue; CTM
1000-136-03-20,21,22,24.1.
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. If you have questions, please do not hesitate to call (631) 765-1809.1
Dated: January 27,2004.
Board of Appeals
Ruth D. Oliva, Chairwoman
By Linda Kowalski
114UTIkot uF H ,A :Ii +ItW� �
A public hearing will be held by the Southold Town Appeals Board at
Town Hall , 53095 Main Road, Southold , concerning this property:
NAME : DCE HOLDINGS , 5472
MAP #EE 136= 1 =201217 22 , 24ml
APPEAL: LOT SIZE VARIANCE
PROJECT: LOT LINE CHANGE
DATE : THURS . FEB . 26 2004 10 :40 AM
If you are interested in this p roject, you may review the file(s) prior to the
hearing during normal business days between the hours of Sam and 3pm .
ZONING BOARD - TOWN OF SOUTHOLD - .765=1 809
HARBOR (50') LANE
22't ASPHALTIC CONC. PAVMT. TOWN MAIINTAINED
uL122
Mr ceuY 291.37' U.P.
p� 38.71'
9
g� x N N
MON FDVo
\ /
N
O
Iry 18.0' �j
a'e �zsj ENCLOSED roN T MIaL w "+
rp z PORCH T
N 1 6.3 N
�O20 0 SBRICK 10'_j 1 STY. FR, rCOi
<o� W DWELL. 30,603.6 s.f.
Gy d
37'Q. 54.1' 154'
Bpi \ F
a
1� \ CELLAR
i ENT, LAND N/F OF
e4 \ \ O� \ 6 I I I I SCOTT RUSSEL
�9
VACANT
100 101 I 102 I 103 I 104 I 105 CONC 06 I 107 I 108 I 109 I 110 ill
11A •'�. \ \ �9 \ 99 \ r I I I 32.3' I92 �O
FR. GARAGE N «�
o 32.3 o
10.25 '
MO FD AT CORN �� \\ •C� 12 MON 0,1'W 237,QQ
S07e58'50"E .'�
122. O,MEA N FD O.L. MON FD O.L
METAL I �(R. SHED I FR D I I I 200.00'
l \ SHED
O am
N
89 I 88 87 86 I 85 r 84 I 83 I 82 81 I 80 79
oo�p. \ R \ DWELL.
FRAME BLDG C
P S� R LAND IN/F OF LAND N/F OF LAND N/F OF
S \ 22' N MARGARET OTHEN LAND N�F OF LAND N/F OF JOSEPH KOZEL SCOTT RUSSEL
JAMES ARRY ROBERT HENN
GF'
21'
FR. GARAGE
FRAME FRAME FRAME FRAME
C)WELL. DWELL, DWELL. FRAME
DWELL. DWELL.
.feS. W
a
O
O
N 00
z
S07e58'50"E 135.14'
TOTAL AREA BEFORE LOT LINE CHANGE
OAK (50') STREET LOT 1 36,839 S.F. OR 0.85 ACRES
LOT 2 32,437 S.F. OR 0.74 ACRES
TOTAL AREA AFTER PROPOSED LOT LINE CHANGE
LOT 1 30,60-4-��S.F:= OR--0.70 ACRES
LOT 2 38,672 S.F. OR 0.89 ACRES
LOT ZONING R-40
OWNERS ROBERT J. DEROSKI, 2855 HARBOR LANE, CUTCHOGUE, N.Y.
SUFFOLK COUNTY TAX MAP NUMBERS BEFORE LOT LANE CHANGE
LOT 1 S.C.T.M j 1000-136-1-20
LOT 2 S.C.T.M. 1000-136-1-21,22 & 24.1
AREA: TOTAL AREA 69,276 S.F. OR 1.59 ACRES
PROPOSED LOT LINE CHANGE
SURVEY OF: LOTS 88 TO 110 INCLUSIVE CERTIFIED TO: ROBERT J. DEROSKI;
MAP OF: EUGENE HEIGHTS
FILED: OCT. 29, 1928 AS #856
SITUATED AT: CUTCHOGUE
TOWN OF: SOUTHOLD
KENNETH M. WOYCHUK L.S.
SUFFOLK COUNTY, NEW YORK Aj. Gam'/ , Land Surveying and Design
P.O. Boa 3, Mattituck, New York 11952
FILE �1—237SP SCALE: 1"=30' DATE:JULY 11, 2003 Phone (631) 298-1588 Fax (631) 298-1588
N. Y. S. LIC NO. 50227 maintaining the records of Robert J. Hennessy
XS
��• ( FORM NO. 3
X /1
N fr,Qct3
ce,x21:.b/,
?V'X' l ,. (P NOTICE OF DISAPPROVAL �'�
0 d
fyr DATE: August 18, 2003
AMENDED: September 5, 2003
TO: Twomey, Latham, Shea&Kelly A/C DCE Land Holdings LLC
33 West Second Street
Riverhead, NY 11901 PIECE!VED
SEp _
Please take notice that your application dated August 18, 2003 5 2003
For permit lot line change at zpn►ttic; 9
0.4o APp its
•
Location of property 2725 Harbor Lane, Cutchogue
County Tax Map No. 1000 - Section 136 Block 1 Lot 20, 21, 22, 24`1
Is returned herewith and disapproved on the following grounds:
The proposed lot line change to these non-conforming parcels in the Residential R-40 District, is not
permitted, pursuant to Article IIIA Section 100-30A.3., which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect
as if such regulations were set forth herein full."
Bulk schedule requires that such parcels measure no less than 40,000 square feet in total size.
Following the proposed lot line change, parcel one (which currently measures 36,839 square feet) will
measure 30,604 and parcel two (which currently measures 32,437 square feet) will measure 38,672
square feet.
This Notice of Disapproval was amended on September 5, 2003, to take out the waiver of merger
at the re s nest of the applicant who does not wish to ask for a waiver of merger at this time.
Autht- zed Signa ure
CC: file, Z.B.A.
r'ORM*NO. 3
NOTICE OF DISAPPROVAL 6Y%-<-1.--k7/43
DATE: August 18, 2003 4-
TO: Twomey, Latham, Shea&Kelly A/C DCE Land Holdings LLC
33 West Second Street
Riverhead, NY 11901
RECEIVE
Please take notice that your application dated August 18, 2003 g 2Q03
AUG 1
For permit merger determination and lot line change at
ZONING sci F r°aPE/�L8
Location of property 2725 Harbor Lane, Cutchogue
County Tax Map No. 1000 - Section 136 Block 1 Lot 20, 21, 22, 24.1
Is returned herewith and disapproved on the following grounds:
The proposed lot line change to these non-conforming parcels in the Residential R-40 District, is not
permitted, pursuant to Article IIIA Section 100-30A.3., which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect
as if such regulations were set forth herein full."
Bulk schedule requires that such parcels measure no less than 40,000 square feet in total size.
Following the proposed lot line change,parcel one (which currently measures 36,839 square feet)will
measure 30,604 and parcel two (which currently measures 32,437 square feet) will measure 38,672
square feet.
In addition, SCTM# 136.-1-21, 22 &24.1 have merged pursuant to Article II Section 100-25 which
states;
Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot
which has been held in common ownership with the first lot at any time after July 1, 1983. An
adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in
distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk
schedule requirements.
44 , -
uths.
zed atture
CC: file, Z.B.A.
TOWN OF SCUTHQLD BUILDIN( RMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT , Dc :have or need the following,before applying?
TOWNILALL ' -- Board of Health
SOUTHOLD,NY 11971 3 sets of Buildmg Plans
TIL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Form
N.Y S.D.E.0
Trustees
Examined ,20 Contact:
Approved ,20 Mail to
Disapproved a/c
Phone
Expiration ,20
Building Inspector
pC� d1n
AUG 15I I) t APPLICATION FOR BUILDING PERMIT
lJ
Date August 14, 2003
BLDG OFP-1 ,
TOWN 01- SL; THOLD INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize, in wnting, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and m building for necessary inspections.
DCE LAND HOLDING, LLC.
(Signature of applicant or name,if a corporation)
c/o TWOMEY, LATHAM, SHEA & KELLEY, LLP.
P.O. Box 9398, Riverhead, NY 11901-9398
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Owner by attorneys Twomey, Latham, Shea & Kelley, LLP.
Name of owner of premises DCE LAND HOLDING, LLC.
(As on the tax roll or latest deed)
f applicant is a corporation, signature of duly authorized officer
a
r( (Name and title of corporate officer)
Builders License No. n/a
'Plumbers License No. n/a
Electricians License No. n/a
Other Trade's License No. n/a
•
1. Location of land on which proposed work will be done:
2725 Harbor Lane Cutchogue
House Number Street Hamlet
County Tax Map No. 1000 Section 136 Block -4°4 Lot 20
Subdivision n/a Filed Map No. Lot
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy single family dwelling
b. Intended use and occupancy lot line modification; transfer sub-parcels 99 & 100 to Lot 21
31. Nature of work(check which applicable): New Building Addition Alteration
Repair Removal Demolition Other Work lot line modification
(Description)
Estimated Cost Fee
1 (To be paid on filing this application)
15. If dwelling, number of dwelling units n/a Number of dwelling units on each floor
If garage, number of cars
6. If-business, commercial or mixed occupancy, specify nature and extent of each type of use. n/a
7. Dimensions of existing structures, if any: Front n/a Rear n/a Depth n/a
Height n/a Number of Stories n/a - - ----- ---
Dimensions of same structure with alterations or additions: Front n/a par n/a
Depth n/a Height n/a Number of Stories .s/a.,
8. Dimensions of entire new construction: Front n/a Rear n/a Depth n/a .
Height n/a Number of Stories n/a --
total 36 839.4 sq.ft n/a n/a
9. Size of lot: Bx>i Rear Depth
10. Date of Purchase 02/04/02 Name of Former Owner Margaret M. Friis
11. Zone or use district in which premises are situated R-40
12:Does proposed construction violate any zoning law, ordinance or regulation? YES X NO Lot Area
13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO X
Cuttcho 906 c/o 727-2180
14. Names of Owner of premises DCE Land Holding,Address g Phone No. ( )
LLC.
Name of Architect n/a Address Phone No
Name of Contractor n/a Address Phone No.
•
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X
* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. ;
b. Is this property within 300 feet of a tidal wetland? * YES NO X
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS: -
COUNTY OF Suffolk)
Martin D. Finnegan being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the Attorney
(Contractor,Agent, Corporate Officer, etc)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this 'of' . .:THAM, SHEA & KELLEY, LLP.
day of 20
Notary Public BY: ignature of Applicant
/RTIN D. FINNEGAN, ESQ.
.
Attorneys for DCE LAND HOLDING, LLC.
f
17
1 1 ,.
OFFICE OF
ZONING BOARD OF APPEALS
SOUTHOLD TOWN HALL
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1809 Fax (631) 765-9064
January 26, 2003
Re: Chapter 58 — Public Notice for Thursday, February 26, 2004 Hearing(s)
Dear Sir or Madam:
Please findenclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Long Island Traveler-Watchman newspaper.
1) By February 9th: Please send the enclosed Legal Notice, with both a cover letter
including a contact person and telephone number, and a copy of your survey filed with this
application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to all owners of land (vacant or improved) surrounding yours, including land
across any street, railroad tracks, or right-of-way that borders your property (please see revised
Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls
maintained by the Town Assessors' Office located at Southold Town Hall (765-1937) and the
County 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 this in either a
written statement, or at the hearing, with the returned letter. Please either mail or deliver to our
office your Affidavit of Mailing (form enclosed) with parcel numbers, name and address's
noted, and return it with the white receipts postmarked by the Post Office. (Also, when the
green signature cards are returned to you by the Post Office, please mail or deliver them to us
before the scheduled hearing.) If any signature card is not returned, please advise the Board at
the hearing and return it when available. These will be kept in the permanent record as proof of
all Notices.
2) By February 17th: Please make arrangements to place the enclosed poster on a sign board
such as plywood or similar material, posting it at your property for at least seven (7) days; the
sign should remain up until the day of the hearing. Securely place the sign on your property
facing the street, no more than 10 feet from the front property line bordering the street (If you
border more than one street or roadway, an extra sign is available for the additional front yard.)
The hearing will be delayed 2 months if your property is not posted properly.
Please also deliver your Affidavit of Posting to our office-on the day of the hearing.
If you do not meet the deadlines stated in this letter, please contact us promptly.
Thank you for your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
OFFICIAL USE ONLY ,. ,,, - .-1 villiii7
DCE HOLDINGS (FINNEGAN)5472 GG .
' ' LOT LINE CHANGE 136-1-20,21,22,24.1
Checklls for new projects: 2725 HARBOR LANE CUTCHOGUE
CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY
, ' CTY TAX MAP 8 CPES — NEIGHBORS CIRCLED AND #'S WRITTEN
\\
SOIL & WATER LTR: PARCELS ON LI SOUND — Mail ASAP
B COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS
• Include: ZBA app, NOD, & BD app (S drive ZBA, memos)— interoffice ASAP
f . SIGN —2 IF MORE THAN 1 FRONT YARD
MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP
v'''' 58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT
/ LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS,
PROJECT, VARIANCE, ADDRESS —top/front fldr, checklist sheet, 1st pg. appl
ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON FLDR RT SIDE
,/ INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR
RESEARCH PRIORS — INDEX CARDS, LASERFICHE, — 6 CPES OF DEC (1
d RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR
/ INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS
✓ CARD, CTM, ALL OTHER CORRESPONDENCE
�N COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or
bay, sound, or estuary. Enclose ZBA app, decision, survey/map & NOD
UPDATED: NEW INFORMATION:
01/27/2004 10 43 FAX 6317272385 TWOMEYLATHAMSHEA&KELLEY f�001/001
_v�_• i ;n: LH �.it/b'�' a la F'i�ii� I
ZONING BOARD OF APPEALS
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1809
(631) 765-9064 FAX
Email:
Linda.Kowalski(7Town.Southold.nv.us
Jessica.B geraTown.Southoldwnv.us
tht?.//southoldtown.northfork.net
TO: MARITN FINNEGAN
PFCEWVED
FAX #: 727-1767
JAN 2.7 2004
DATE: 1-27-04
ZONING BOARD OF AF+w`
PAGES: 0 to follow
APPL OF: DCE
HEARING; Thursday, February 26, 2004
TIME: 1:15 PM
RE:
Please let me know if you are available at the above date and time for a ZBA Public
Hearing in the big meeting room located at Southold Town Hall. Thanks, Jess
YES i >c
�-
NO I
ZBA fax # 765-9064