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Home My WebLink About6140 919 4-0 apr-,.j. .7`�ZEI�o� APPEALS BOARD MEMBERS �QF $Q(�ti Mailing Address: Gerard P. Goehringer, Chairman �p� T O. Southold Town Hall Ice e 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Office Location: Michael A. Simon 'O Town Annex/First Floor, oxk_Ba c Leslie Kanes Weisman �yCUM 54375 Main Road(at zings Avenue) Southold,N'Y 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS l TOWN OF SOUTHOLD a Tel. (631)765-1809•Fax(631)765-9064 ' JUL 3 1 /20�08 FINDINGS, DELIBERATIONS AND DETERMINATION -f., MEETING OF JULY 24, 2008 $®u$h C 0 d Town_ Clerk ZBA# 6140 - CLAIRE and ROB RICCIO Property Location: House # 6512 (Private Right-of-Way extending from the Southern Boundary) at Indian Neck Road, Peconic Parcels CTM 1000-98-6-1, 86-7-3.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated March 11, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicants' property consists of a total area of 26,180 square feet measured to a tie line 109.70 feet along the average high water mark of Little Peconic Bay, 229.99 feet along the eastern boundary of the lot, 119.19 feet along the northern boundary, and 235.58 feet at the western boundary as described and shown on the32-1-2004 survey, amended 5-5-2008 by John C. Ehlers, licensed land surveyor. BASIS OF APPLICATION: Zoning Code Sections 280-15 and 280-116B, based on the Building Inspector's amended February 6, 2008 and amended June 17, 2008 Notices of Disapproval concerning proposed new construction. The reasons stated in the disapproval of the building permit application are: (1) the proposed new dwelling construction will be less than 75 feet from the bulkhead, (2) the proposed swimming pool will be in a side yard instead of a code-required rear yard; and (3) New York Town Law, Section 280-a to determine the need, if any, for base improvements and clearance within the right-of-way easement giving access to this property from Indian Neck Lane. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 -July 24, 2008 C. and R. Riccio#6140 CTM 98-6-1 (and 86-7-3.1) VARIANCE RELIEF REQUESTED: The applicants request variances for: (1) the proposed new dwelling construction with porch at 50'2" instead of 75 feet from the bulkhead; (2) the proposed swimming pool will be in a side yard instead of a code-required rear yard, and (3) in addition, the applicants by May 6, 2008 letter addressed to the Board of Appeals prepared by their attorney, Patricia C. Moore, requested that consideration under New York Town Law, Section 280-A be included in this application. This is related to relief under New York Town Law, Section 280-A for safe fire access, since the applicants' lot does not front directly on a Town Street, and relates to base improvements and vehicle clearance over the same traveled, existing right-of-way that the applicants have used to access their property under easements or deeds under title. LWRP DETERMINATION - CODE CHAPTER 268: The Board finds the proposed action CONSISTENT with LWRP review, based upon the following factors: 1. The existing home is approximately 20 feet from the bulkhead. The proposed home is to be location at 50 feet from the same. a. The proposed location of the pool will be in the side yard, which will benefit the neighbor, and create a greater distance from the bulkhead than exists. b. The 280-A access condition granted as part of this decision will provide for the draining of water from the slope of the driveway. This is at the point of access on the public road of Indian Neck Lane. The Town is under a Federal mandate to contain water flow into creeks, and open bodies of water (Bays and the LI Sound). 2. The new location of the home will decrease the non-conformity, by increasing the distance from the bulkhead. a. The new location of the septic system and dry wells for roof runoff will be located well landward of the house. This will reduce the environmental impact of sewerage and rainwater into the open bay. b. A proposed pump out drain pool will provide for discharge of pool water, well landward from the bulkhead. 3. The setback at 50 feet from the bulkhead is more than double the existing setback with more conformity. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law M7-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because: A: The existing house will be demolished and a new house constructed further back from the bulkhead (landward of the existing structures). The new house will be in line with neighboring homes. The new owners considered a second floor addition to the existing residence but demolition and reconstruction further back is more environmentally appropriate. Page 3 -July 24, 2008 C. and R. Riccio#6140 CTM 98-6-1 (and 86-7-3.1) B: The propose location of the pool in the side yard will benefit the neighbor by keeping the distance from their front yard to the pool at the maximum distance possible. C: Access to this parcel was granted by the action this board under appeal 1535 on May 25, 1972 and is currently the legal access to this property. They do not propose to change this access. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance because: A: The new location of the building will decrease the existing non-conformity and is dictated by the location of the septic and drywell system which are located landward of the house in an effort to reduce the environmental impact to the bay. B: The location of the pool in the side yard keeps the structure away from the bulkhead. 3. Town Law §267-b(3)(b)(33). The variance requested herein is not substantial. The setback requested (50 feet from the bulkhead) is 100% greater than that of the existing structure. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. The existing house was constructed prior to regulations, the disturbed area will be planted and the house will be placed further back then the existing structure. 5. Town Law §267-b(3)(b)(4). There has been no evidence submitted to suggest that a variance in this residential neighborhood may have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed house will comply with all energy codes and construction standards. A backwash drain will be provided for the pool to prevent draining into the bay. The property is stable, vegetated and contains both a full bulkhead and an additional timber wall. The new construction is further back than the existing structure. 6. Town Law §267. The grant of the requested relief for the new house and pool is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of this property while preserving and protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairman Goehringer, to Grant the variances applied for, as shown on Site Plan Drawing A-1 revised July 3, 2008 by Frederick R. Weber, Architect, subject to the following conditions regarding continuous maintenance/fire and emergency access within and over private right-of- way: r Page 4-July 24, 2008 - C. and R. Riccio#6140 CTM 98-6-1 (and 86-7-3.1) 1. Remove center grass strip for the length of the right-of-way (ROW) and remove it from the property; 2. Place two storm drains within 15 feet of the paved public road within the slope of the right-of-way. The drains can be placed across from one another or placed in a diagonal location on the slope; „ blue 3. Improve the ROW with two inches of % /stone blend for the distance of the beginning of the ROW to the entrance of the applicants' property; 4. The existing road is approximately 10 feet in width. The road must be cut to the minimum width of 12 feet and improved a minimum width of 12 feet; 5. The ROW height and width clearance must be a minimum width of 13 feet, and 13 to 15 feet in height; 6. The surface as well as the width and height must be continuously maintained, for the purpose of fire and emergency access. 7.. Drywells also to be completed as per Site Plan Drawing A-1 revised July 3, 2008 by Frederick R. Weber, Architect. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehrin a airma izio, O ' Si on, and Weisman. This Resolution was duly adopt -0). Ge P. Goehringer, Chairm n 7/ /2008 pproved for Filing 1-1144- FORM NO. 3 �-� NOTICE OF DISAPPROVAL REMOVED DATE: January 28, 2008 « 11Q AMENDED: February 6, 2008 JUN 17 AMENDED: June 17,2008 ,� TO: Patricia Moore (Riccio) Inno �A. 51020 Main Road .2 P Southold,NY 11971 BOARD OF APPEALS 10 Please take notice that your application dated January 15, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling and accessory in-ground swimming pool at Location of propert_ 6512�dian Neck Road, Peconic,NY County Tax Map No. 1000 - Section 98 Block 6 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed single family dwelling, on this non-conforming 26,180 square foot lot, in the R-80 District, is not permitted pursuant to Article XXII Section 280-116 B, which states, "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction notes a proposed setback of+/- 50 feet from the bulkhead at its closest oint. In addition,the proposed accessory in-ground swimming pool is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The posed accessory in-ground swimming pool, is located in the side yard. In addition,the proposed construction is not permitted pursuant to Article XXII, Section 280-109, which states, "A. Street access. 1.)No building shall be erected on a lot that does not have direct access to a public street in accordance with 280-a of the Town Code" This Notice of Disapproval was issued based on a plot plan, last dated February 5,2008,by Frederick Weber, RA. This Notice of Disapproval was amended on February 6,2008 following the submission of a revised survey, and on June 17,2008, to include the need for"street access." 7 -s 2aimnonR�aliis, P nni - er CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. 02-11-2008 13:44 SOUTHOLD BUII)DING DEPT 16317659502 PAGE1 FORM NO. 3 140 NOTICE OF DISAPPROVAL �' DATE: January 28, 2008 AMENDED: February 6, 2008 TO: Patricia Moore (Riccio) 51020 Main Road Southold, NY 11971 Please take notice that your application dated January 15, 2008 For permit to demolish an existing single family dwelling;and construct a new single family dwelling and accessory in-ground swimming pool at. \\ �e-V Location of property 624 Indian Neck Road,Peccmic,NY County Tax Mar No, 1000 - Section 98 Block 6 Lot I Is returned herewith and disapproved on the following grounds: The proposed single family-dwelling, on this non-conforming 26,180 square foot lot in the R-80 District, is not ermitted pursuant to Article XXII Section 280-11613,which states: "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less } than seventy-five (75) feet from the bulkhead." t The Proposed construction notes a proposed setback of+/- 50 feet f m the bulkhead slits closest 22itlt. In addition,the proposed accessory in-ground swimming pool is not permitted pursuant to Article III Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. 2 The proposed accessory in-ground swimming pool. is 1 cated in the side yvard. This Notice of Disapproval was issued based on a plot plan last dated February 5,2008,by Frederick Weber, RA- This Notice of Disannroval was amended on February 6 2008 following the submission of a revised s --r�f 7 Dam 'Raul , CC: file, Z.B.A. /-7/0 4 Note to Applicant: An change or deviation to the above referenced application mhy require PP Y g additional review from the Southold Town Building Department. ' FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 28, 2008 TO: Patricia Moore (Riccio) r, ,aOAODO '�,, 51020 Main Road Southold,NY 11971 6A(W111 Please take notice that your application dated January 15, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling and accessoryground swimming pool at Location of property 6212 Indian Neck Road, Peconic,NY County Tax Map No. 1000 - Section 98 Block 6 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed single family dwelling, on this non-conforming 26,180 square foot lot, in the R-80 District, is not permitted pursuant to Article XXII Section 280-116 B,which states; "All buildings located on lots upon which a bulkhead, concrete wall,riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction notes a proposed setback of+/- 50 feet from the bulkhead at its closest point. In addition,the proposed accessory in-ground swimming pool is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessory in-ground swimming pool, is located in the side yard. This Notice royal was issued based on a plot lan last dated July 6 2006 by Frederick Webe Damon allis, Perth Examiner CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. \?6 From: To:631 765 4643 P.2/2 i ' Bluestone Copinj (Typ.) r i N 5wr Tiwag i v Bench r Sprllwsy --- `3 P A SLIMMINC4 POOL ° --- 00 Ste,p� O �t�g — N PLANz Patio m BlucStonc Grade Coping (Tcgp,) Spillway _ Bench t r Gunrte n N Walls r I � SECTION 200 SWIMMING POOL/SPA LAYOUT FINAL PvA ^�, -FR RICCIO RESIDENCE 4512 INDIAN NECK ROAD, PECONIC, NY C FREDERICK WEE58R, ARCHITECT SIEE 0 FE�I2UAR1 II. 2008 } Iry g,(�1 �0 ! r o it ask ARM a1E�tS�SFfS@: ®iCQ�r �oAl�® �snor�a�r�s� �� J�� [5�► � _ JOIN •a �% 1(�=::;� -_ lam■ ��ll:�:��1�I_: �®�ffi>� �_I��®A vim/ E�S�d11�i .Yfial�II� 6�IIH�1 Lam! I Imom �CffiL�1 y avalml d� - - '®®� 1�[nsa c nay. sraea•_- V�+ MEMaarvr 111'� ■ �— !fie � i;�i•i j � :•;•�� •' j ® �-�'11 i �`� '.� I _�`,� ®II■ •• [� — �lIIr�F�A ' ;i i�� H�9 -- l�II�!!� •�I tYf ��•-� t® ! Ot��;� Lr ® Emil ffiv THEE t�I � I_ 84� ® EmIlm >� f I m� �9 8,0" �W��,'6'LLtnLF �isfL:d��" iIm WIT■• ` � > _ aat.taW.t��3�5�r:P1• �• li�fi7� � � � `�i � �rm6� — .:mCrY�G. tt a� e tjov W-4 ® ,.. f! Om ` ssa��,caass.Y�ranc,�68i1$I�las 1 •�'�� `�..®e�sr .��ly�aramv1r:loaof9s'¢r� — — — r�.m I�,:_i• v �,_:�_feRiiS��i�F4➢:'�� Y. Ejl,] Ida --.�i;�,j 1�\ Ig1� � �ILL .--- -I ..�.«I 111' �ilw�o,ril 111.,>el,lt_7_:iiJll[:—�.. __-• �1��812E1FPa®miBU.'e�fGL { 9 �:�tmavuacaa�o�'1J,�1 II�� 'I�1��i1�161�11A1IMi4fl��R��197�1�SI�R®AN9®GSiaamORi�®@10MMl1AM �_Ikqm EWE r� •�,.. I ' L I��° G ._i�� ii. l I. I_e t..l_t:ae ��-1 —= FJ I I E I IEJI R�� i i , ep ` - 110� 1 1� ( .l ill ICI �..� Liloll _ P " ` G I 1 �. SURVEY OF PROPERTY AT PECONX S4 TOWN OP SOUrMLD SUFFOLK COUNTY, N.Y. t uCALL' mat ItOAD srrrwaor s xw aml If' a. s 11A n Tv r I. � " \ Ta B� i 1qC p�nth( AREA•3.SOSO Anes ' IJ MS WVK�b I M4•npv Y"lltn7v/1W0'M(M.IM.f:.R(Ou[IAa[+n. •�4QVUMfNi oCCLVu�SI/ S, [i al+q•[a Y[�)loi-So e6�9 [. Mo,on+ f •.OiPL PU[R0635ON, 119• . SUJ uae Op[M[f D(H lu[a,M[LYO Y+t fY A(SVIK�M 7JO MISER 5+ p JS(9LI•:W[+v0([/S nlv[W, 5[.�'[[na,h'[11911 04-r�'2� SURVEY OF FF,4(�i�RZTY 51 TUATE: 5OUTHOLD TOWN: 5OUTHOLD 5UFFOLK GOUNTY, NY SURVEYED 03-- - 004 �6PO 0-1-06-2006 FC5UFFOLK GOUNTY TAX00-a8-6-IIERTMMD TQ 9> 9A. S Robert Riccio Oy i a, s 0 I Qu 6 19 trl NN, � S IQ I a I fl.q I � O� i N i o ��6P.' Nof 060 I ,. / d a AP OA" I I o Kv - / pP 9 / \ o G- / S o� 9� elf S � I / �j / �Y PA . w i obpl / ood / /O 9 IV° t NOTES: I1 MONUMENT FOUND d 'll nI t ELEVATIONS REFERENGE NGVD '2G DATUM I '; '� i? Iw / ,I, FLOOD ZONE AS REFERENGED TO FEMA FIRM ? �� MAP NUMBER 36103G0164 G DATED MAY 4, IcIc18 , 1 1 11 l n ��$ 1.,:n•_ of h rn nl•:,.J> !n i•b.l I la r I u 51 ul b+rr. AREA -26,180 S.F. or 0.60 ACRE RECORD DEED Ll83q GP. 324 JOHN C o EHLERS LAND SURVEYOR E,YO 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHIG SGALE'' I"= 50' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compagserver\pros\04'\04-124.pro SUR\/EY OF PROPERTY 51 TUATE: 5OUTHOLD TOIL N: 5OUTHOLE) 5UFFOLK GOUNTY, NY SURVEYED 03-01-2004 / TOPO 07-06-2006 =05-05-2008 23-2007REVISED SUFFOLK GOUNTY TAX # --'" "` ' , QA CERT=D TO: , F'CLUMD M��( 7 BO ARC OF APPEALS ` ` 9 1 ` ` L 1 ` ` o 1 `� QI OCR 9 . 1 P (0 L 0 9 , Of 1 , 1 , 1 , 1 , 1 , 1 , 1 , 1 , 1 , , 1 , � 1 , - 1 AP� / AP Odle Oy c \Avg 5 \ 1 O O //�� to j� Q f�J�t � Q 1 ` J � 15 GAO = z- 1 a Y� 1 / a`0� 00 ti° � s Q� N v°°9 V O p .1 . yard oov`�� Oe \'bP `Q g 3 DETAIL SCALE I"= 30' Tit c 00, l O 0 O _ prr i /fs5 � // / �+ ivr / 0 NOTES: ® MONUMENT FOUND 9 ti0 o LOT GOVERAGE GALGULATIONS 1110 EXISTING HOUSE 2,218 S.F. OR 8.47 EXISTING SHED 251 S.F. OR 1.01% PROPOSED GARAGE 624 S.F. OR 2.38 % 0 - TOTAL LOT GOVERA6E AFTER GONST. 3,Og3 S.F. OR 11.86 ELEVATIONS REFERENGE NGVD '2q DATUM W a>u allerallon rve` 'LhauN,orized o addlklon y FLOOD ZONE AS REFERENCED TO FEMA FIRMma��earl,�a IlCerrSed land>ur�eyars seal e a ' � Ilatbn of>ectbn'1209.>W-AMslrn 2,of khe � New York State Edi:catlon Law' t °only caplea from the orlgnal d dn>aurve>y MAP NUMBER 36103G0164 G DATED MAY 4, I ag8 `(} g .d with an a k al o he land wrv.ya �,� I / >tamp d seal shall bs coreklered to ba valid true cartrf AREA =26 I80 S.F. or 0.60 ACRE cation>Mdl ak¢d„.rea ag ly hhl> ;`4 `\, f - aur.rey wa>prapared In accordanw with tlfe ax- `` \ [`---- / Dywq code a Practice for Lmd".,u'v>y>adopted \ _ �\_ _ M>New York Stake As>ocratlon of Profasslonal � , �� Lund Surveyors Sold certlNcoFlore shall run only _' �, W Ehe pvr>cn far Man the survey Ie prepared, ar:d an nehalf to the title company,g n- RECORD DEED L.783q GP. 324 tal age y I.>d g In>tltYtbn I�ted M'—'rean,nd to ere as>Igneea of me lenang nxrcuaon eerdnca- tloM me not tr'anafercble t�og'^[^r�9Jdrtlonal Iretlkurlon> O ,. :�HLE LANDR. . GRAPHIG SCALE III— 40' C EAST MAIN STREET N.Y.S.LIC.NO.50202 RIVERHEAD,N.Y. 11901 " -- -- - - 369—$28$Fax 369-82$7 RE1~`.1\CampagserverOpros\04104-124 entire roadway.p /5 aSC.IR+ 4 r.R E DE r,iCf: SURVEY INFORMATION: r 01.1 E M,T JOHN C. EHLERS LAND SURVEYOR EAST MAIN STREET Lill RIVERHE:AD, NY 119,01 r� SURVEYED: f,ARCH 1, 2004 TOPOGRAPHI' ADI.�ED: JULY (, 200� Ai CHjT E C t SURVEYOR'S NOTES: s I. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM � s9\ EXISTING ELEVATIONS ARE SHOWN THUS: +so EXISTING .CONTOUR LINES ARE SHOWN THUS:---------5--------- 110, 2. FLOOD ZONE INFORMATION TAKEN FROM FEMA FLOOD INSURANCE F` 9 RATE MAP IFiRM) No. 3�,103COI�4 G DATED, MAY 4, 1998 �. ZONL AE: EASE FLOOD ELEVATIONS DETERMINED ZONE X : AREAS OF 500-YEAR FLOOD: AREAS OF 100-YEAR FLOOD WITH AVERAGE `r DEr'TH OF LESS THAN' I FOOT OR WITH DRAINAGE AREAS LESS THAN � I SQUAPE MILE: AND AREAS PPOTFCTI=D BY LEVEES FROM 100-YEAR FLOOD. 3. RECORD DEED L.1839 CP. 324 F �n 9 cn f C� cm ! pX , 0 cn or i o and ��e ;" We �. Dry,W,ell o�\s C\HW C3^/�t�'i"'C? TITLE: � SITE DI?AINA E- Note: House �� '1-�� r ( !` \ \�` t \gyp\ fs Located at OO I �` \ \ .�_ar/d "\� an angle 6 � I AREA VOLT iE (Required) CRA.INAGE STRUGTUFES VOLUME (Prov!dedl ABC Hou=e/Garag` 3 _ (3) 8' Dfa. x �4 H,,jh w/ �� 3 5F0 `p " � Pcrches 1.51 sf x JX Ram - L01 cf r• 493 cf o0 ��i \ Dc^fe Top (Tra fic Bea.mg) Pool g0 A�GJ \ O 04 _Abandon -- -- - -- ----- ��dP ( Dry gel! - \ E::istfng Well O -lc;^.� Ro,7f, Garace Foof and I'orchFs to have Gutters I Leaders " Cr.^ectcd to Undercrcu-d Dralnag^_ JCruCCUres (Tyr)).) \ / 2C,' To F, Do*e: b2 cf G �` -0 cf/f't c' Heigh'. ` al SANITARY D ITAR ` y \' / �C l0 r12JAL '�C t�}��P• kF i Y STEN \. ° -'S ON 5�0 ee,- Dra�nagF f,�, POP_( 'iNo,�- �Gr,j' Gryiue!I �t3:..,l�Or= . o 0�0` mac; O'�`P' ' C pJ. . v.TF:•* 100,9-P—(-! LOT COVERAGE (PROPOSED): CO PROPOSED ti �. --- — — PROPO``ED HOUSE: 2,I15 sf ARCHITECT: \`�QC;! G'0;+ O �' PROPOSED GARAGE (Attached) F% SF SANITARY SYSTEM - Q�'0�0 FQ a PROPOSED PORCHES:O P � ram. G�; tic. ,> 906 SF F^ED" I IC:4� 1''. UZ:1'.R: " `' VAST t r7�'.r'L.0 F`:OAD ( ) BEDROOM If;GLE: FAMILY P.E5IIDENCE p.- � ', c0 '`Z !° 'r` `�- -� �' °� �,�" •- PROPOSED SPA/POOL: 308 SF Gf"3aE:P"L,� �� III :O r,e��°r� • �� EXISTING SHED: 250, SF ti tttpr, v 1000 GAL. SEPTIC TANK i p� w \ , �00 S.F. SIDE ApEA OF LEACHING POOLS' 12 NOYAc rA,,TH (l FOOL, 8' DIAMETER, 12' DEEP) 000 ,� \\ �G1P,Pc�. r / PROPOSED TOTAL: l'JATL P' r;ILL, PAY !I'"i' MEET ALL S.C. DEFT. OF HEALTHSERVICES PE JLA I' O'" YO a C S Gl TON.,. F� .. TEL M EXISTNG SANITARY :SYSTEM TO BE'. PUMPED OUT, FILLED W/ j�/ EA)� ! 12!t-lli�� ti5 ��' �� ' :� �/� -' / FF'CPERTY OWNERS; CLEAN SAND AND ABANDONED \' % 41; y rL� % /� - S/ �/' -„ 'C'BERT >x CLA.IRE RfCCiO S!_-A,L (6z12 INGIAN NECK LANE, L.L.C.) �L EDARO FF HOUSE 1' M.N. $ 2'-MA•, --- -- TRAFFI� �w1� G -v . „ �` ��i.o �' �i�'r✓�� r� �� SITUATE: PECON!C �6�c►cR, CI.N 0 C1I N.)LD EL +24._' CONCEE , I. �` ,�, IRON ^ NJ '= °' ' �// i .-: T 1 r_ c T Q t C CH M1� Y I.fEPTH G,> DF FL +�.= -LAB �,�.`° ,/ L A i'ix\8 / ' � TO GF: ^ DE .- �,. �„� , -� / ,.:i' -�� SU=F L COUNTY, NEW YOR1: O K COU JT � GRADE EL +23,2E, I N V t+ -T �: r _ _ S G T M�. �•'":' HOUSE PfP� 114" PcR FT. —. 4„m �, __ _ �� = - .x 1 � s APP OVE. CONCRETE �`�' ;.' AREA. "o M,!�~PITCH _ ,! i � - P P , s, r EL +flC' f f * - �> U ' '2 --� / x/ j I CT f 1 ' r C .6u' Acrc�i yt -o F! E. I/P." EF' F COVER i t_xta err •N 1 C �, 7C'N;1N,rs: I i�J�,'F= ' r_- ----- a -- -- / f �,, h&:i e� / C' ZONING N N G SETBACKS T E3 A SEE ODE _SECT O } , , -- --- — ------ - _ __� —. %-% ��; //'�j h /'� \ F I CK� S C ION 280-124 N s LI�_is1D - - - /!" \ % N )N�C0NyrrnRMfNJ,� LOTS,' 12.,C r,'1C,_ y9 aaa cF1 FLOicI I� -�°j i C:FT4,' OJT I 1 !INJVFRT i I E: r,rrLL j. ' !EL +LO.O' i� 1. +19.' S'� I ! I i /�%,/ �'�•� ,, j `' w. _ 1 Y{,RDS: (PRINCIPAL) i J 1 tL �I ! I I 't C �ro 0 N F�0N': aC. I { ?' �!N I r-� 4 i I 1 t� �/ i ryal / �' i K ` ` `'1DE (ONES' 15' T � f S FINAL MAP t r,0 0 v G,4-LREVIEWED B Y Zek, Fpr /�► r r - rP SEE'D V� �O� _._ LC' " A.r':FA. (1 o Eltilkheal): 22 32E //�(�yjy �f DI�T'ED O I ,o`.WF F 3 t \ iMIN 11 � N d Y � k _ _ . RECEIVED v-f� JUL 8 2008\_11 r / , ZONING E30AFlD OF APPEALS C g�fFO�,� SCOTT A. RUSSELL °w c° JAMES A. RIGHTER, R.A. SUPERVISOR TOWN HALL - 53095 MAIN ROAD �j, TOWN OF SoNGO DE, W YORK 11971 Fax. (631)-765-9015 Tel.(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD James Dinizio, Jr., Member ED E C EE WED Ji ly 21, 2008 Zoning Board of Appeals Town Hall, 53095 Main Road JUL 2 2 2008 Southold, New York 11971 ( einLgi�a ci ff 9.30 'toq Re: Private Right ofWay BOARD OF �-O P�, SCTM#: 1000-98-06-01 Dear Mr. Dinizio: At your request, I have reviewed the proposed"recommended conditions for continued maintenance/fire and emergency access/improvements over a private right-of-way". I understand and appreciate the deliberations that the Zoning Board of Appeals must go through when it comes to determining the need for improvements to private property based solely on current Town Code requirements for new development and/or construction. Justifying the need to specify and apply new Town Code requirements for existing, previously developed properties is not always possible. Please keep in mind that my previous report was an attempt to be consistent with current Town Highway Specifications& Construction Requirements. With that being said, the proposed recommendations made by the Zoning Board of Appeals, which were attached to your letter, would be considered a significant upgrade to the current conditions of the existing Right-of-Way. However, please keep in mind that I would still recommend a minimum clearing height & width of 15' to meet the access requirements listed in Town Code Chapter 280-109. 1 would also recommend that the proposed 3/4" Blue Stone blend driveway should be required a minimum of 12' in width. (Please note: Recycled Concrete Aggregate-"RCA", is not considered a suitable alternate for Blue Stone Blend when it is used as a finish product.) Your Recommendations have also provided for two storm drains that would be located at the northerly terminus of the Right-of-Way. I would recommend that you specify a size for these drainage basins. Generally, drainage structures used in the Town of Southold are eight foot diameter, pre-cast concrete leaching pools. If you would like me to provide drainage calculations for your reference, please let me know. If you have any questions regarding this response to your questions, please contact my office. Sincerely, James A. Richter, R.A. CC: Planning Board Highway Superintendent SCOTT A. RUSSELL o�° Gy� JAMES A. RICHTER, R.A. SUPERVISOR Go ENGINEER TOWN HALL - 53095 MAIN ROAD y, TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015 Oy�O• �a°�`� ETel56��fDccioOFFI E O o THE fs uENoGDINEER 2008Jerry Goehringer, Chairperson , 20,08 Zoning Board of Appeals ��? Town Hall, 53095 Main Road Southold, New York 11971 Re: Private Right of Way SCTM #: 1000-98-06-01 Dear Mr. Goehringer: I have been contacted by you office to inspect the existing, Private Right-of-Way (R.O.W.) extending from Indian Neck Lane to the above referenced property. It is my understanding that you have also requested recommendations for improvements to this R.O.W. in an effort to be consistent with the Town Highway Specification requirements. This existing driveway appears to be a stable,well compacted base material consisting mainly of Group"A"Soil types. These Sandy Loam types of soils have high infiltration rates and reasonably low run-off potential over uniform or level terrain. The canopy of trees and vegetation appears to be narrow and would be restrictive to Emergency Equipment at various points along the R.O.W. The Highway Specifications require Roadways that access three orfour lots to be constructed with a 3/4" Blue Stone Blend wearing course and a minimum width of sixteen (16')feet. This would also require a minimum vertical clearance of sixteen (16')feet to meet the access requirements for Emergency Equipment. In addition, drainage systems would normally be required to contain a two (2") rainfall event. It is recommended that the existing R.O.W. be Cleared & Grubbed of trees &vegetation to provide a 16'wide x 16'high canopy of clearance. The roadway base should be uniformly graded to a width of sixteen feet. In addition, all grass or vegetative materials encountered during the grading process should be removed from the base material. A two (2") inch lift of 3/4" Blue Stone Blend Material should be placed, graded and compacted to provide a uniform wearing surface for the roadway. A compacted Blue Stone blend material will generate storm-water run-off and the R.O.W. in question is elevated above Indian Neck Lane. Therefore, I would recommend that drainage should be provided to prevent run-off from entering the Town highway. This could be accomplished by the installation of an eight (8') foot diameter x four (4') foot deep Catch Basin / Leaching Pool at the beginning of the R.O.W. immediately adjacent to Indian Neck Lane. With proper grading at this location, it should be possible to install only one catch basin inlet grate to contain the run-off on site. If you have any questions regarding this matter, please contact my office. rely, ames A. Richter, R.A. cc: Planning Board Highway Superintendent Page I of 2 Kowalski, Linda From: James Dinizio Dim ' � @jamesdinizio.com] Sent: Tuesday, July 29, 2008 7:49 AM To: Kowalski, Linda Subject: Fw: Request for Evaluation ZBA#6140 for Safe Vehicle Access over private Right-of-Way S/S Indian Neck Lane Peconic rL* , his is the email I wanted for the file. Thanks jimd ----- Forwarded Message---- From: "Richter, Jamie" <Jamie.Richter@town.southold.ny.us> To:jim@jamesdinizio.com Sent: Tuesday, July 29, 2008 5:46:21 AM Subject: FW: Request for Evaluation ZBA#6140 for Safe Vehicle Access over private Right-of-Way S/S Indian Neck Lane Peconic Hi Jim -Let me know if you need anything else. Jamie -----Original Message----- From: Kowalski, Linda Sent: Wednesday, June 18, 2008 9:29 AM To: Richter, Jamie Subject: Request for Evaluation ZBA#6140 for Safe Vehicle Access over private Right-of-Way S/S Indian Neck Lane Peconic Importance: High Dear Jamie: The ZBA Chairman asked I send this email to ask your written evaluation concerning the condition of the base of the right-of-way, and recommendations you may offer to the ZBA for safe fire vehicle access extending from Indian Neck Lane to the Riccio house on the waterfront 9CTM 98-6-1. This is a private right-of-way extends approximately 900 feet from the town street, and the ZBA is considering a request for a variance to establish minimum right-of-way width and base improvements under New York Town Law, Section 280-a (this provision requires Board of Appeals approval of specifications before a building permit is issued to any lots on access other than a town street). The variance would allow reduction of the town street standards, since the right-of-way gives access to the three lots (two of which are improved with a house). We have a file available, if you wish copies of the county tax maps showing the entire right-of-way (and survey showing only,a portion of the right-of-way), please let us know and I can send it inter-office to you, Thank you for your assistance, Linda Kowalski Attn: Jerry Goehringer, ZBA Chairman ZBA Town of Southold Office Location: 54375 Main Road (NFB 1st Floor) 7/29/2008 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ee:$/�QU Filed By Date Assigned/Assignmmly ent No. �l/f�Q f iice Notes: "M;ED House No. 6512 Street Indian Neck Road Hamlet Peconic SCTM 1000 Section_98_Block 6_Lot(s)_l Lot Size_26,180 Zone R- 0 FEB 2008 I(WE)APPEAL THE WRITTEN DATED.,OF THE BUILDING INSPECTOR D TED Januar, 28 2008 amended February6 BASED ON MAP DATED February 5,2008 prepare 'q OF APP;iA..S Webber,Architect. a06 Applicant(s)/Owner(s): Claire&Rob Riccio Mailing Address: 78 Chelsea Road,Garden City NY 11530 Telephone: 516-606-7766 Fax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(f�wner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone 631-765-4330 Fax#: 765-4643 Email: pcm000rel(a,optonline.net Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED February 5,2008 and DENIED AN APPLICATION DATED Jan 15,2008 FOR: E Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 Subsection B (bulkhead setback) Article III Section 280-15(pool in side yard) Type of Appeal. An Appeal is made for: Variance to the Zoning Code or Zoning Map. p _ 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 C r A prior appeal❑has,14has not been made at any time with respect to this property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) � H Name of Owner: Claire&Rob Riccio ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house will be demolished and new house constructed further back from the bulkhead (landward of the existing structures). The new house will be in line with neighboring homes. The owners considered a second floor addition to the existing residence but demolition and reconstruction further back was more environmentally appropriate. The pool is in the side yard to keep away from the bulkhead. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The buildable area is 22,325 s.f. so no matter how the lot is developed the house would require a variance(front yard). Also,the placement of the house preserves an open yard for the neighbor (Odell). The pool in the side yard keeps the structure away from the bulkhead while maintaining the waterfront.views. (3) The amount of relief requested is not substantial because: The setback is greater than the existing structures. The house is only 25 feet to the bulkhead, this distance has been doubled with the proposed plan. The sanitary system will be replaced. The property is stable, vegetated and contains both a full marine bulkhead and an additional timber wall landward of the bulkhead. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed house will comply with all energy codes and construction standards. A backwash drain will be provided for the pool to prevent draining into the Bay. The property is stable vegetated and contains both a full bulkhead and an additional timber wall. The new construction is further back then the existing structure. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. The existing house was constructed prior to regulations,the disturbed area will be planted and house placed further back then the existing structures. Are there Covenants and Restrictions concerning this land: E No. ❑Yes(please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTE NO PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to co r d your attorn ) re of Appellant or Authorized Agent Sworn to before me this 1�l� (Agent must submit written Authorization from Owner) day ,20 otary Publi BETSYA,PERMNS Notary Public.State of New Yo& No.01 PE 613oM �o�on Suffolk County Expires July 19, l y / ' Office Location: $OFF�C�' USPS Mailing Address: y. G Town Annex/First Floor,North Fork Bank y� 53095 Main Road 54375 Main Road(at Youngs Avenue) COZ P.O. Box 1179 Southold,NY 11971 py� Southold,NY 11971-0959 O http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)7654809 Fax(631) 765-9064 Board Resolution 7-24-08 was adopted authorizing email communications attached to ZBA File # 6140 —Application by R. and C. Ricco. 71 Z,B0 F 7�L q/off -Fr ?6 C I-La r 03/18/2008 08:55 631-R5'3-4044 5 C PLANING P-. PAGE 02 COUNTY OF SUFFOLK STEVE WY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES,AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING Marsh 11,2008 14 Town of.Southold ZBA 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requiremon1's of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the .following applicati.on(s)submitted to the Suffolk County Planning Corn nission.islare considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval.or disapproval.. Applicant(s) . Municipal File Number s Notaro 61.36 Ragusa 6138 Friedmann 6139 Ri,ccio 6140 Nleskouris 6142 Very truly yours, Thomas Isles, ATCP Director of Planning SlsTheodore .Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG,-4TH FLOOR ■ P.O.BOX 6100 ■ (6311 853.5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER I6311 853-4044 Office Location: O�Q$VfF��/�CO USPS Mailing_Address: G Town Annex/First Floor,North Fork Bank o� y1 53095 Main Road 54375 Main Road(at Youngs Avenue) C* z P.O. Box 1179 Southold,NY 11971 Oy� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 February 19, 2008 Mark Terry, Principal.Planner LW-RP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re:. ZBA File Ref. No. 6140 (Riccio) Dear Mark: We have received an application for a demo and replace existing dwelling and add accessory swimming pool at premises on Little Peconic Bay in Peconic, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank.you. Very truly yours, GERARD P. GOEHRINGER Chairman By: Office Location: ��SVFfO(�CO USPS Mailing Address: Town Annex/First Floor,North Fork Bank o= 1 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold;NY 11971 Oy �� Southold,NY 11971-0959 �a! AL http-Hsoutholdtown.northfork.net BOARD OF APPEALS 'DOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631)765-9064 February 19, 2008 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: Appl. No. 6.140 Riccio Action Requested: Bulkhead/Yard Location Variances Within.500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) ( );Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do.not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL' Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (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.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration 20 Bui mg to APPLICATION FOR to PERMIT Date , 20 INSTRUCTIONS a. This application MUST be completely filled.in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every 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 writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building 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,hous' and regulations, and to admit authorized inspectors on premises-and in building for necessary inspections. 11 .. l� AN (Signature of applicant or name, if a corporation) (Mailing address of applicant) State"whether applicant is owner, lessee, agent,architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises VCa 4/0. lale cd (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: _ House Number Street Hamlet County Tax Map No. 1000 Section / Block Subdivision Filed Map No. v Lot (Name) _. _. 2. State existing use and occupancy of premises and intended use and occu aney of proposed construction: a. Existing use and.occupancy b. Intended use and occupancy 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units 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.. 7. Dimensions of existing structures, if any: Front Rear. Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 'l 1. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 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�- Ili being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, )nt,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 day of 20 0✓}` f,> tary Public Signature of Applicant Notivy Public StdWol,NaWftlk , No'.01 PE 6130636 Oualifi6d In Suffolk Courify (� Corntrtisaion Eapites July M 20 .ZT..,..- . 5eandted 1v.1',B:fi.L.FotmBfx72•5-74—,'t).._—vac aadSale Dee:„wits ucehau, x c.;p+:rsr G'=—' Au�_lu�4ri u �.�aan,�� p. gMio� . i7losmir vow LAwylik IRS 4ANG THM INS^rRN/WEWT--Tli1S"I NWT K tiUD BY tAWfM M'Xif,' Ll 7839 iti► 324 THIS INDENTURE,made the I th day of April , nineteen�lz, dre aria setirent7-five BETWEEN MARGARET S . KATZENL BERG, residing at Town Harbor Larie, Southold, New York, : party of the first part, and ROBERT A . MIIARTIN- and, AL'IINA L. MARTIN., his wife, residing at 95 Papermill Road., Manhasset, New York ^^ ` party of the second part, : E %Vn?0 SETIH,that the party of the first part,in eonNieration of Ten Dollars and other valuable considerati,.r. paid by the party of the second part,does hereby grant and release unto the party of the sec,7)nd part, the bmiv; 5 or successors and assigns of the party of the second part forever, ALL that certain plotpiece or arcel of land with the buildings and =' ovcruent:i thereon er_tted, situate, lying and being in the own o Southold,. County of- SufPol.k .and State of ' ew York, bourided and deouri led e-C f03luws BEGINNING at a point on the northeast corner of -the premises -he rein described where the same is intersected by land of Margaret 'Katzenb.!Al formerly of Griswold, formerly' of Howe] said point of beginning be.it also the following 4 courses and distances as measured along t?he westerly side of Iand of John P. Dauth from the intersection of the: westerly side of land of John P. Dauth with the southerly side of Indian Neck Reads (1) South 39 degrees 26 minutes East 97.94 feet; �2) South 30 degrees 28 minutes 30 seconds East 71.27 feet; (3) .Soutl 4 degrees 49 minutes 00 seconds East 309.96 feet; .(4) South 22 degrees 19 minutes 20 seconds East 510.71 Feet to the true point or place of beginning; running thence South 22 degrees 19 minutes 20 seconds East 198.56 feet to the mean high water mark of Little Pec.;on: Bayj thence along the mean high water mark of Little Peconic Bay 1.1( feet to a point; thence North 24 degrees -48 minutes 00 seconds T��est 209.59 feet and thence North 67 degrees 40 minutes 40 seconds 119.19 feet to the point or place of BEGINNING. TOGETHER with a right to pass and repass over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein. This Deed is given for the sole purpose of correctiang an error in •t h. description contained in the Deed dated July 17, 1972 from the party of the first part to the party of the second part, which 'deed was recorded on the 16th day of August, 1972 in Liber 7221, at Page 121 10� I UGETHER with id! right, title and interest, if any, of the party of the first pari in and to any sier_e.s aiit,. 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 first part, in compliance with Section 13 of the Lien Law, covenants that the party d' the first part will receive the consideration for this conveyance and will hold the right to receive.such consld•- eration 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: Apprq d and Accept6d ..• .� Alt ��L�. r Robert A. Kirtin _-Marg e a n er r' �am- � �. :-uC_-lt�'�•�.-t�� .. . naM&rZIn I top MEMORANDUM To: Gerard Goehringer, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner JUN 2 5 2008 LWRP Coordinator BOARD OF APPEALS Date: June 24,2008 Re: Request for a Variance Riccio ZBA#6140 The proposed action which has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to §268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The proposed setback from the residential structure to the bulkhead is 54.5 feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989, amended 11-24- 1992 by L.L.No. 20-1992; 6-15-1993 by L.L.No. 8-19931 "B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead...." It is recommended that the Board amend the application to meet and/or further the above policy to the greatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and Restore Natural Protective Features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended. so. � w 1. Require a non-turf buffer landward of the top of bluff to further protect the integrity of the bluff. C 2. equire the installation of gutters, leaders and drywells within the side yards or landward of the residential structure. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. JUN 2 5 2008 P TL BARD OF APPEALS PATRICIA C. MOORE Attorney at Law 51020 MainuRoad Southold, New York 11971 Tel: (631) 765-4330 RECEUVED Fax: (631).765-4643 July 2, 2008 JUL 2 200$�5 Southold Town Zoning Board of Appeals �®�� Chairman Goehringer and Board OF APPEALS Main Road Southold, NY 11971 By Hand Re: Claire & Rob Riccio 1000-98-6-1 Dear Mr. Goehringer and Board: At the hearing the degree of improvements required for the common driveway which serves the Riccio home and the O'Dell home became an issue and I would respectfully request that the following be considered: In 1972 the Zoning Board granted approval of this parcel with a right of access with a common driveway. The condition of approval was that the common driveway be "maintained" . The Riccio' s have been maintaining the driveway. 280A access was satisfied by the Zoning Board in 1972, this access remains safe, passable and suitably maintained. The Highway improvements recommended by the Town Engineer which appear .in the subdivision regulations are not applicable in this case. This is only a two lot access driveway, the town engineer' s recommendations would require significant improvements and additional drainage where what exists is adequate . The highway specifications described by the Town Engineer would change the character of the common driveway and require my client to spend over $55, 000 to change the existing driveway. Attached is Peter Sferling' s, of Plantings by the Sea Inc . , cost proposal for the improvements recommended by the Town Engineer. Peter Sterling, who has been maintaining the driveway, specifically comments that these improvements would destroy 60-80 year old trees of specimen quality in a driveway which is already more than adequate. My client will continue to maintain the existing driveway, restore it to it' s present condition after construction and they will make sure that a 12 ' driveway . and 12 ' vertical clearance is maintained. The comments at the hearing made by both property owners was that neither wish to change the character of the driveway and remove trees . We would respectfully request that you reject the Town Engineer' s letter, and you apply common sense to this situation. We ask that you incorporate reasonable conditions, that the driveway be maintained as it presently exists with tree trimming to maintain the 12 ' driveway and vertical canopy. Thank you for your continued courtesies . jerY tr ly yours, ricia C. Moore CC : Mr. And Mrs . Riccio Fred Weber, Architebt Jamie Richter, Town Engineer L 1 QLe,j �J a �e i �+ ��e- Page 1 of 1 Cappabianca, Lucille From: Betsy Perkins [mooreattys@yahoo.com] Sent: Monday, June 30, 2008 9:12 AM To: Cappabianca, Lucille Subject: riccio ' Lucille: According to USPS.com. the letter to Odell was delivered at houston @ 1:38 on June 9th, a notice being left. I haven't gotten it back yet. I will keep following. The letter to Varano was delivered on June 6th. I haven't gotten anything back yet. Let me know what else you need. Thanks, Betsy 7/l/2008 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel:(516)765-4330 Fax::(516)765-4643 May 6, 2 0 0 8 RECE Ro Attn: Linda Zoning Board of Appeals MAY 7 2008 53095 Main Road PO Box 1179 O Southold, NY 11971 BOARD OF APPSALS RE: RICCIO PROPERTY ADDRESS: 6512 INDIAN NECK LANE, PECONIC SCTM: 1000-98-6-1 HEARING DATE: THURSDAY, MAY 29, 2008 Dear Chairman: We respectfully request that included in our previous variance application that we also include 280A approval for the access . My client has legal access as is reflected in the deed Liber 12348 page 614 and deed Liber 12348 page 615 (transfer into their LLC) . The deeds recite in the Schedule A "together with the right to pass and repass over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein" . The access has been mapped on the survey, is currently a 8 ' dirt driveway which does provide 15 feet of clear access for emergency vehicles . We were hoping to get onto the May hearing calender. Thank you. Ver ly yours, atricia C. Moore PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 Fax::(516)765-4643 May 2 , 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: RICCIO PROPERTY ADDRESS: 6512 INDIA NECK LANE, PECONIC SCTM: 1000-98-6-1 HEARING DATE: THURSDAY, MAY 29, 2008 Dear Chairman: With reference to the above and pursuant to your request, enclosed please find seven (7) copies of the deed referred to on the survey evidencing the access to the property. Thank you. Very truly yours, Patricia C. Moore PCM/bp 4Cee� G. 7 9 encls . �� 7A RJ 3 d Town Of Southold P.0 Box 1179 Southold, NY 11971 (631) 765-1800 RECEIPT #<<Number>> 02/14/2008 Moore, Patricia For Robert & Claire Riccio 78 Chelsea Road Garden City, NY 11530 Received $ 600.00 for Application Fees, on 02/14/2008. Thank you for stopping by the City Clerk's office. As always, it is our pleasure to serve you. Elizabeth A. Neville Southold Town Clerk PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVE® February 11, 2008 FEB 12 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road ZONING BOARD OF APPEALS Southold, NY 11971 By Hand Re: Claire & Rob Riccio 1 1000-98-6-1 Dear Mr. Goehringer and Board: Enclosed please find following: 1 . CURRENT NOTICE OF DISAPPROVAL from the Building Inspector for reconstruction of dwelling at 51 feet from the bulkhead and a pool in the "side yard" . 2 . ZBA APPLICATION 3 . Site Plan prepared by Fred Weber, Architect used for the notice of disapproval 4 . BUILDING DIAGRAMS of house and standard pool design 5 survey prepared by John C Ehlers of existing conditions 6 . PROJECT DESCRIPTION, TRANSACTIONAL DISCLOSURE and QUESTIONNAIRE FORM 7 . No COVENANTS AND RESTRICTIONS 8 . assessor' s property card 9 . LWRP and EAF (type II) 10 . My check payable to "Town of Southold" Thank you for your continued courtesies . Ver ,-t y yours, P ricia C. Moore CC : Mr. And Mrs . Riccio Fred Weber, Architect APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_Claire & Rob Riccio Date Prepared: February 11, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: House and Deck- all existing structures 11. New Construction Areas (New Dwelling or New Additions/Extensions): Architect has identified individual square footage on plans Dimensions of first floor extension: first floor 66' x 50' main house and deck and attached garage 24' x 24' See Plans also proposed pool (13' x 2F) Dimensions of new second floor: approximately 66" x 50' first floor(See Plans) Dimensions of floor above second level: attic Height(from finished ground to top of ridge): 32' Is basement or lowest floor area being constructed? Yes-Cellar If yes, please provide height(above ground) measured from natural existing grade to first floor: 3'-total height taken from grade see elevations) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (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: house to be demolished Proposed increase of building coverage: Square footage of your lot: 22 325 s .ft. Percentage of coverage of your lot by building area: 18.9 % V. Purpose of New Construction Requested: construct new house and pool VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): location of existing house is 63.3 feet from the bulkhead, proposed structure 71.3 from bulkhead Please submit seven(7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 do Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that.are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-98-6-1 (Claire & Rob Riccio) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X Zoning Board of Appeals X (Variance) 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Trustees Permit and ZBA Variance Town of Southold LWRP Consistency Assessment Form 1 00 s Nature and extent of action: The existing residence is located approximately 20 feet from the bulkhead. The existing residence will be demolished and new residence will be set back 50 feet from the bulkhead. The area is disturbed and the reconstructed house is more consistent with the LWRP then the existing structures. The property contains a bulkhead and timber retaining wall, therefore there is no threat to the property. Location of action:Indian Neck Lane, Southold Site acreage: 26,180 sq.ft. Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Rob & Claire Riccio (b)Mailing address: 78 Chelsea Road, Garden City NY 11530 (c) Telephone number: (_) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The demolition of the existing_structure enables the owner to move the house back to 50 feet from the bulkhead. The proposed structure makes beneficial use of the waterfront residence. The new dwelling will comply with current environmental regulations and energy efficiency. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Town of Southold LWRP Consistency Assessment Form 2 Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State,Division of Coastal Resources. The existing building is not historic. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes X No ❑ Not Applicable ❑ Discussion (if appropriate):There are existing shoreline protective devices, bulkhead built in the 70's, and the residential use of the property will not change. The propsed house contains gutters and leaders which control drainage and provides for proper sedimant control. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The proposed house meets flood standards. The propem is protected by bulkhead and timber walls. Policy S. Protect and improve water quality and supply in the Town of Southold.See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes No ❑ Not Applicable X Discussion (if appropriate): New sanitarysystem will be required. The house is designed to prevent discharge of runoff into surface waters through use of gutters and leaders. The owner will plant native and low-fertilizer dependent plant species which reduce nitrogen loading from the site. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The site is adjacent to Little Peconic Bay,the proposed residence will be greater distance from the bulkhead then the original structure. The property was developed with a year round dwelling and replacement of the dwelling is consistent with Town policies and New York State policies. The distance Town of Southold LWRP Consistency Assessment Form 3 � N of the house and sanitary to the wetlands was maximized and the setback to the bulkhead is in line with adjacent properties. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality by replacement of a single family dwelling. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes No ❑ Not Applicable x Discussion (if appropriate): The proposed structures will not impact solid waste or hazardous substances. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. Yes X No ❑ Not Applicable X Discussion (if appropriate):The parcel is private, however, access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. The new dwelling will be assessed higher then the existing dwelling. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 4 Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The house was constructed in 1950's and alterations made over time. The proposed dwelling will promote and enhance marine resources because the construction mitigates the existing conditions and is environmentally friendly and all the regulatory gencies control the project to prevent degredation of the environment. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate):Residential development is a recognized permitted and encouraged use in the Town.of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 f� IIIIIII IIII IIIII IIII{1111I 11III IIIII{{I11 IIIII IIII IIII 111111 I{{II 11111 IIII 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/13/2004 Number of Pages: 4 At: 10:54:50 AM Receipt Number : 04-0112833 TRANSFER TAX NUMBER: 04-11022 LIBER: D00012348 PAGE: 614 District: Section: Block: Lot: 1000 098.00 06.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,448,500.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $5,794.00 NO Mansion Tax $14,485.00 NO Comm.Pres $25,970.00 NO Fees Paid $46,401.00 TRANSFER TAX NUMBER: 04-11022 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 1 2 Number of pages Ig RECORDED 3004 Oct 13 10:54:50 P.M TORRENS Edward P.Ronaine CLERK OF Serial# SUFFOLK COUNTY L D00012348 Certificate# P 614 DT# 04-11022 Prior Cif.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. (X) 2. Additional Tax TP-584 Sub Total Notation Spcc.lAssit, or EA-52 17(County) Sub Total Spec./Add. EA-5217(Slate) TOT.MTG.TAX �,, CIDpjj Dual Town Dual County R.RT.S.A. Held for Appointment 5. 00 a' Transfer Tax Comm.of Ed. �Affidavit o.�y, Mansion Tax ut` The property covered by this mortgage is Certified Copy or will be improved by a one or two family dwelling only. NYS Surcharge 15. 00 Sub Total YES or NO Other _ Grand'total If NO,sec appropriate tax clause on I`Jr page# of this instrument. 4 1 Dist!000 Section 64?$.00 I Block O�o.00 Lot OOl.000 g Community Preservation Fund Real Property Consideration Amount$ Tax Service 04043080 1000 09800 0600 001000 Agency ��T1 PF Tax Due $ a5� � 0�3v� VerificationrR KWO A\1 Improved,07-OCT-0 Vacant Lund 6 Satisfactions/Dischargcs/Releases List Property Owners Mailing Address RECORD&RETURN TO: TD ICE (�S TD 0 TD I S Ke l�(L)r , 1a.C-1 cr 7 Title Companv Information r1S3 Co.Name Title# D 7 O 8 Suffolk County Recording & Endorsement Pa e This page forms part of the attached C made by: ` (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in �Ct 1 t I1 CL I Y lar-4t,n SUh-E;OLK COUNTY,NEW YORK. TO In the Township of C':,6 In the VILLAGE O or HAMLET of [rC�OC, 1 C... BOXES 6 THRU 8 MUST BE TYPED OR PRINTED 1N 13LACK INK ONLY PRIOR TO RECORDING OR FILING. (over) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 ' gSCAUI'ION.'I711S AGREEMENT SHOULD BE PREPARED BY AN ATI'URNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND l t 'URCI IASL•R BEFORES1GNfNG. 1) THIS INDENTURE,made the wh Ut 2004 between ROBERT A.MARTIN and ALVINA L.MARTIN,husband and wife, Residing at 15 Bayside Dr.,Manhasset,NY 11030 party of the first part,and ROBERT RICCIO and CLAIRE RICCIO,husband and wife, residing at 78 Chelsea Rd.,Garden City,NY 11530 party of the second part, WITNESSETH,that the patty of the first part,in consideration of Ten Dollars and other lawful consideration,lawful money of the United States,paid by the party of the second part,does hereby grant and i 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,lying and being at Peconic.Town of Southold.County of Suffolk and State of New York. SEE SCI•IEDULE'A'ATTACHED HERE I'O AND MADE A PART I-IEREOF The grantors herein are the same persons as the grantees in Deed dated 4/15/75.recorded 5/13/75 in Liher 7839 page 324. 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 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 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 saute 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 duty executed this deed the day and year first above written. I� Zi 7Z ROBERT A.MARTIN ALVIrML.MARTIN Nl'S11A RuiJentlal f4nl Estate Fama on Itatlhtcs°t9latq COilyright Capsofl`IkV&PRICnt NATIONAL LAND TENURE COMPANY, L.L.C. Title No. NLT-10572-S-03 SCHEDULE A ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the Town of Southold,County of Suffolk and State of New York,bounded and described as folows: BEGINNING at a point on the northeast corner of the premises herein described where the same is intersected by land of Margaret Katzenberg formerly of Griswold,formerly of Howe;said point of beginning being also the following 4 courses and distances as measured along the westerly side of land of John P. Dauth from the intersection of the westerly side of land of John P. Dauth with the southerly side of Indian Neck Road; 1) South 39 degrees 26 minutes East 97.94 feet; 2) South 30 degrees 28 minutes 30 seconds East 71.27 feet; 3) South 24 degrees 49 minutes 00 seconds East 309.96 feet; 4) South 22 degrees 19 minutes 20 seconds East 510.71 feet to the true point or place of beginning. RUNNING THENCE South 22 degrees 19 minutes 20 seconds East 198.56 feet to the mean high water mark of Little Peconic Bay;(deed)(222.99 feet-survey); THENCE along the mean high water mark of Little Peconic Bay 110.66 feet(deed)(109.70 feet- survey)to a point; ' THENCE North 24 degrees 48 minutes 00 seconds West 209.59 feet(deed)(235.58 feet survey)and; THENCE North 67 degrees 40 minutes 40 seconds East 119.19 feet to the point or place of BEGINNING. TOGETHER with a right to pass and repass over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein. The policy to be Issued under this report will Insure the title to such buildings and FOR improvements erected on the premises which by law constitute real property. CONVEYANCING ONLY TOGETHER with all the right,title and Interest of the party of the first part.of.In and to the land lying In the street In front of and adjoining sold premises. Page 3 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) r On the Q day of J't.V'� ,2004,before me,the undersigned,personally appeared ROBERT A.MARTIN and ALVINA L.MARTIN,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signatures on the instrument. the individuals,or the person upon behalf of which the individuals acted,executed the instrument. Notary Public.stARKare of Now Ymk No.018R4787794 NOTARY PUBLIC CualiRed In Nassau County t)b Commission Enires Jan.31,2= DEED TitIR No. N ,-r I0S`ja So 3 Section 098.00 Block 06.00 Lot 001.000 ;MARTIN County or Town SUFFOLK ' To NATIONAL LAND TENURE Co~,LLC gWjj d0ftoa,mia.e,sittr2Vl.MAM.to115M RICCIO T.tsl�nr-0aoo.Fa6fe�-!!a) Return By Mail To: MARK BROSNAN,ESQ. 1415 KELLUM PLACE GARDEN CITY,NY 11530 Reserve This Space For Use Of Recording Office i NYSnA Residential Real 1'•slale Forms on Nollhws'(9/00) Copyright Capsolt"nevelapment I , Illlillllillllllllllllllllllllllllllllllllllllllllllll! • 1 IIIIII IIIII Ilfll III!IIII SUFFOLX COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/13/2004 Number of Pages: 4 At: 10:54:50 AM Receipt Number : 04-0112833 TRANSFER TAX NUMBER: 04-11023 LIBER: D00012348 PAGE: 615 District: Section: Block: Lot: 1000 098.00 06.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $152.00 TRANSFER TAX NUMBER: 04-11023 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County i 1 2 Number of pages 1 RECORDED 12004 Oct 13 10,54,50 AM TORRENS Eduard P.Romaine j CLERK OF i Serial# SUFFOLK COUNTY L D00012348 Certificate# P 615 '. DT# 04-11023 Prior Of.# i Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spcc./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County — R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit • + Mansion Tax tiyQy� The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total ,Sal , If NO,see appropriate tax clause on page# of this instrument. 4 1 DistJ000 Section 6(7$.00 Block OG.Ot) Lot 001.000 5 Community Preservation Fund Real Property 1000 09ti00 0600 001000 Consideration Amount$ Tax Service 04043081 Agency i T CPF Tax Due $ Verification (f;KWO ��111 Imptuvcd -0cT-0 Vacant Land 6 Satisfactions/Dischargcs/Releases List Property Owners Mailing Address 10 RECORD&RETURN TO: 'I D TD (me t- �q,, '•e� C; �v 7 1 'Tale Company Information 1 S 3 U Co.NameNn,rc�ij,AS CC Title# p o ' Suffolk Countv Recordin & Endorsement Pa e This page forms part of the attached �Ce� made by: (SPECIFY TYPE OF INSTRUMENT) O 1 CC O The premises herein is situated in Ck SUFFOLK COUNTY,NEW YOR�K.` \TO In the Township of `' ` 6 (D S1 Z, J r,d.Q c Neck q-,,-.,C_.L-C_ In the VILLAGE or HAMLET of �--- BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Bnpla i ule deed.Wth a.ee.m&—W,'. . ' � .m—dd.rC.rp.:elglteGel CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the PA day of5vc4 two thousand and four. BETWEEN ROBERT R1CC10 and CLAIRE RICCIO,husband and wife. residing at 78 Chelsea Road.Garden City.New York 11530 party of the first part,and 6512 INDIAN NECK LANE,LLC having an office at 6512 Indian Neck Lane,Peconic,New York party of the second pan, 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.Ibuildings"and impprovements thereon erected,.' situate,lying and being at Peconic,Town of Southold;County of.Suftgllk nnd'State of New York. + SEE SCHEDULE'A'ANNEXED HERETO AND MADE A PART HEREOF Said premises being known as 6512 Indian Neck Lane, Petxmic,New York. Being and intended to be the same premises conveyed to the party of the first part by deed dated June 10, 2004 and recorded in the Suffolk County Clerk's Office on in Liber page 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 I IOLD 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 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 PRESS /BCRT RI IO Al 'It1CCI0 STATE OF NEW YORK,COUNTY OF�+�'�t(�' as: STATE OF NEW YORK,COUNTY OF On the/04daySbh{- in the year 2004• On the day of in the year , before me,the undersigned,a Notary Public in and for before me,the undersigned,a Notary Public in and for said state,personally appeared said state,personally appeared ROBERT R1CCIO CLAIRE RICC10 Personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names satisfactory evidence to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged is(are)subscribed to the within instrument and acknow- to me that they executed the same in their capacities, ledged to me that he/she/they executed the same in and that by their signatures on the instrument,the persons, his/her/their capacity(ies),and that by his/her/their or the entity upon behalf of which the person(s)acted, sibmature(s)on the instrument,the person(s),or the entity executed the instrument. upon behalf of which the person(s).acted,executed the instrument. ICIA BURDEN otary Public Niftery N b 2BUaleof New Yc Notary Public Qualified in 5 1 Commission Expires mnk STATE OF NEW YORK,COUNTY OF as: STATE OF NEW YORK,COUNTY OF sa: On the day of 19 ,before me On the day of 19 before me personally came personally came io me known,who,being by me duly sworn,did depose and the subscribing witness to the foregoing instrument,with 'say that he resides at No. whom 1 am personally acquainted,who,being by me dul sworn,did depose and say the he resides at No. That he is the of that he knows the corporation described in and which executed the foregoing instrument;that he to be the individual described brows the seal of said corporation;that the seal affixed in and who executed the foregoing instrument; to said instrument is such corporate seal:that it was so that he,said subscribing witness,was present and saw affixed by order of the board of directors of said corpora- execute the same;and that he,said witness, tion,and the he singed h name thereto by like order. at the some time subscribed h name as witness thereto. Bargain and Sale Deed SEC tr98.00 WrniCOVENANTAGAMSTGrt%,%-iuiesAurs BLOCK 06.00 LOT 001.000 ROBERT RICC10 AND CLAIRE RICCIO COUNTY OR TOWN SUFFOLK TO RETURN BY MAIL,TO: .6512 INDIAN NECK LANE,I,I.0 NATIONAL LAND TENURE �tLL C Brosnan&Hegler,MP MDVWV=.Foests;Ga•+1110 1415 Kellum Place N.*3%-T 10 5' 5°�' Carden City,New York 11530 NATIONAL LAND TENURE COMPANY, L.L.C. Title No. NLT-10572-S-03 SCHEDULE A ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the Town of Southold,County of Suffolk and State of New York,bounded and described as folows: BEGINNING at a point on the northeast corner of the premises herein described where the same is intersected by land of Margaret Katzenberg formerly of Griswold, formerly of Howe;said point of beginning being also the following 4 courses and distances as measured along the westerly side of land of John P. Dauth from the intersection of the westerly side of land of John P. Dauth with the southerly side of Indian Neck Road; 1) South 39 degrees 26 minutes East 97.94 feet; 2) South 30 degrees 28 minutes 30 seconds East 71.27 feet; 3) South 24 degrees 49 minutes 00 seconds East 309.96 feet; 4) South 22 degrees 19 minutes 20 seconds East 510.71 feet to the true point or place of beginning. RUNNING THENCE South 22 degrees 19 minutes 20 seconds East 198.56 feet to the mean high water mark of Little Peconic Bay; (deed)(222.99 feet-survey); THENCE along the mean high water mark of Little Peconic Bay 110.66 feet(deed)(109.70 feet- survey)to a point; THENCE North 24 degrees 48 minutes 00 seconds West 209.59 feet(deed)(235.58 feet survey)and; THENCE North 67 degrees 40 minutes 40 seconds East 119.19 feet to the point or place of BEGINNING. TOGETHER with a right to pass and repass over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein. The policy to be Issued under this report will Insure the title to such buildings and FOR Improvements erected on the premises which by law constitute real property. CONVEYANCING ONLY TOGETHER with all the right,title and Interest of the party of the first part,of,in and to the land lying In the street in front of and adjoining sold premises. Page 3 \ U.L LO/ 1777 U4.JO J1OLD41u f J F%UD M.L%' ilu i nun uy AMERICA,N,LAND TITLE.A-5SQCI43'101V OWNER'S-POLICY{10-17-92) W=NEW Y0.1 K COVERAGE ENDORSENENT APPENDED Policy/ No. 7210632_ 34219 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO TkIE EXCLUSIONS FROM COVERAGE, TEE EXCEPTIONS FROM COVERAGE 6ONTAINED IN SCHEDULE B AND TIME CONDMONS AND STWUL ATIONS, CHICAGO TITLE INSURANCE COMPANY,a Missouri corporation,herein called the Company,insures,as ofDate of policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: 1. 'IStle to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the.title; 3. Uximarketability of the title; 4. Laa of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title,as insured, but only to the extent provided in the Conditions and Stipulations- In Rntess Whereof,CHICAGO'TITLE INSURANCE COMPANY has caused this policy to be signed and scaled as of DAte of P911cy shown in Schedule A,the policy to become valid when coontersigned by art authorized signatory. ,Issued by: NATIONAL LAND TENURE COMPANY,LLC CHICAGO TITLE INSURANCE COMPANY 900 MERCHANTS CONCOURSE SUITE 201 WEMUF'y' NY 11590 BY• (516)227-0800 Preafdert FAX(516)227-1160 ATTEST S (� BeeVePelSr I Reorder Form No,8235(.Reprinted 10100) ALTA owner's Policy(10-17-92)w/Nuw York Coverage Fadorsemcnt Appended U.L/ L0/1J77 U`+.JO :J404341U(J 1\U1J 1\t J.- CHICAGO TITLE Schedule A - Owners Policy Internal No.: 99-08-0234-1182 Amount of xutsuranee: $1,448,500.00 Policy No.: 7210632-34219 Date of Policy: June 10,2004 File No.: NLT-10572-S-03 1. Name of Insured: a)Robert Riccio and Claire Riecio,his wife b)6512 Indian Neck Lane,LLC 2. The estate or interest in the land which is eo°vereO by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: a) Robert Riccio and Claire Riecio,husband and wife who acquired title by deed £roan Robert A. Martin and Alviva L.Martin,husband and wife dated June 8, 2004,recorded 10/13/04 in Liber 12348 pg 615 in the.Suffolk County Clerk's Office. b) 6512 Indian Neck Larne,LLC who acquired title from Robert Riecio and Claire Riecio, husband and wife dated June 87 2004,recorded 10/13/04 in L.iber 12348 pages 614 in the Office of the Clerk in the County of Suffolk. 4. The land referred to in this policy is described as follows: See Schedule C herein for description Address:0651-02,1anNeckRoad New Yozk Town/City: Southold District: 1000 Section: 099.00 BIock; 06.00 Lot: 001.000 (516) 227-0800 NATIONAL LAND TENURE COMPANY, L.L.C. P61.A FOR USE WITH AL-rA OWNERS POLICY Ulf L0/1JJJ U4. :J0 Jl04J41UfJ CMCA,GO TITLE Schedule B - Ownexs Pofaicy EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorney's fees or expenses which arise by reason of: 1. Rights of tenants or persons in possession.. 2_ Contact of Sale in Liber 7209 page 391. 3. Easement in Liber 7209 page 391. 4. Easement and Right of Way in Liber 7839 page 324. 5_ No title is insured to any land lying below the bight water line of Little Peconic Bay a/k/a Hog Neck Bay, it arms, branches and tributes by whatever name called, as the same now exists or formally existed. 6. No title is insured to any land not under solid fill. 7. Rio-its of the United States Government to establish harbor,bulkhead or pierhead lines or to change or alter any such existing litres and to remove or compel the removal of fill and improvements thereon including buildings or other structures,from land now or formerly lying below the high water mark of Little Peconie Bay a/k/a Hog Neck Bay without compensation to the insured. S. f6j khts of the Uxiited States Government,the State of New York and County of Suffolk, Town of Southold or any of their departments or agencies to regulate and control the use of'the piers, bulkheads, )and under water and land adjacent thereto, 9. Until a guaranteed survey acceptable to the Company is received fuid read into title, policy will except any state of facts a guaranteed survey would show. 10_ Unguaranteed survey made by John C. Ehlers,land Surveyor, dated 3/l/04, shows premises improved by a two story frame dwelling, wood deck,steps, wood bulkhead, frame garage and the following survey excep IODS: overhead wires and variation between fence and record line. (516) 227-0800 NATIONAL LAND TENURE COMPANY, L.L.C. P6l.B FOP,USE WITH ALTA OWNJR S POLICY Ulf 1Vf 1JJJ VY. JV J1VLJ'-f1V fJ �u ivvi .. •.••� CHICAGO TITLE Schedule C - Owlie>rs PORGY ALL that certain plot,piece or parcel of land, with,the buildings and improvements tbereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York,bounded and described as follows. BEGINNING at a point on the northeast corner of the premises herein described where the saute is intersected by land of Margaret Katzenberg formerly of Griswold, formerly of Howe; said point of beginnitug being also the following 4 courses and distances as measured along the westerly side of land of John p_ Dauth from the intersectiot of the westerly side of land of John P.Dauth with the southerly side of Indian Neck Road; 1) South 39 degrees 26 minutes East 97.94 feet; 2) South 30 degrees 28 minutes 30 seconds East 71.27 feet; 3) South 24 degrees 49 minutes 00 seconds East 309.96 feet; 4) Sow 22 degrees 19 minutes 20 seconds East 510.71 feet to the true point or place of beginning. RUNNING THENCE South 22 degrees 19 mutes 20 seconds East 198.56 feet to the mean high water mark of Little Pecoxnic Bay; (deed) (222,99 feet- survey); THENCE along the mean high,water wark of Little Pecoxric Bay 110-66 feet(deed) (109.70 feet- survey) to a point; THENCE North 24 degrees 48 minutes 00 seconds West 209.59 feet(deed) (235.58 Meet survey)and; THENCE North 67 degrees 40 minutes 40 seconds East 119.19 feet to the point or place of BEGINNING. TOGETHER with a right to pass and repass over the existilig private dirt roadway for puzxposes of ingress and egress from:Indian Neck Road to the premises described herein. (516) 227-0800 NATIONAL LAND TENURE COMPANY, LJ—C. P61,C FOR USE WITH ALTA OWNF-RS POLICY EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from thacoverage of this policy and the Company Will not.pay loss or damage,costs,attorneys'fees or expenses Which arise by mason at: 1. (a) Any Jaw,ordinance or governmental regulation(including but not limited to building and zoning laws,ordi- nances,or regulations)restricting,regulating,probibiting or relating to(1)the pecupancy,use,orenjoyment of the land;(R)the character,dimensions orlocration of any improvement now or'hereafter erected on the land; (M)a separation in bwnerahip or a change in the dimenuions orarroa of1he land or anyparcet of which the lend is or was a part;or(Iv)eny(ronmentai protection,or the effect of any violation of these laws,ordinances or govemmontal regulations,except to the extent that a notipa of the enforceirient thereof or a notice of a defect, lien orencumbrance resulting from a violatiop br alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,Gen or encumbrance resulting from a violation or alleged violation affectingthe land has been recorded in the public records at Date of policy_ 2, Rights of eminent domain unless nonce of the exercise thereof has been recorded in the public records atDate of Policy,but not excluding front coverage any taking w>aish has occurred prior to Date of Palley which would be binding or the!rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded In the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to.the insured claimant; (d) atiaching or created subsequent to Date at policy;or (a) resulting in toss or damage which would not have been sustained if the insured claimant had paid value for thg estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting In.the insured,theestate or interest insured bythis policy, by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'rights laws,that)a bas- al on;(i)tl,+e transaction creating the eatato or,interest Insured by this policy being doomed a fraudulent CaTt- veyance or frsudyient transfer;or(ii)the trgrf&uetio+O cr¢gting ft esots gr interest Insured by this policy being, deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrtiment of transfer; or(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (e)Whenever the Company shalt hava brought an action or interposed a The following terms when used in this policy mean: defense as required or permitted by the provisions of this policy,the Company (a)°;nsured":the insured named in Schedule A,and,subject to any rights may 11)"=6 any litigation to final detrfrminatlon by a Govrt of competent juris- or defenses the Company would have had against the named insured,those fifetion and expressly r6serves the right,in its sole discretion,to appeal from who succeed to the interest of the named insured by operation of law as any adverse judgm®nt or order. distinguished from purchase Including,but not limited to,heirs,distributees, (d)In all cases where this policy permits or requires the Company to prose- devisees, survivors, personal representatives, next of-kin, or corporate or Cute or provide for the defense of any action or proceeding,the insured shall fiduciary successors. Secure to the Company the right to so prosecute or provide defense in the (b)"insured claimant":an insured claiming Ions or damage, action or proceeding,and all appeals therein,and permit the Company to (a)'-Knowledge" or"Known":actual knowledge, not constructive Knowl. u:o, at ifs option, the hams of the insured for this purpose. Whenever edge or notice which may be imputed to an insured by reason of the public requested hythg Company,thg Insured,at the Company's expense,shall give records as defined in this policy or any other records which impart construe tho Company all reasor{able aid Q) in any action or proceeding, securing live notice of matters affecting the land, evidence,obtaining witnesses,prosecuting or defending the action or pro- (d)"land":the land described or referred to in Schedule A,and improve- ceed)ttg,or Effecting settlement,And(11)In any other lawful act which in the ments affixed thereto which by law constitute real property.The term"land" opinion of the Company may be necessary or desirable to establish the title to does not include any property beyond the fines of the area described or the estate of.interest as insured.Ifthe Compainy is prejudiced by the failure of referred to In ude a yla A,not any pond title,interest,estate a easement In the insured to furnish'the required Cooperation,the Company's obligations to abutting streets,roads,avenues,alleys,lanes,ways or waterways,but noth- the insured under lihe policy coati terminate,including any liability or oblig- ing herein shall modify or limit the extentto which a right of access to and'from lion to defend,prosecute,or continua any litigation,with regard to the matter the land is insured by this policy. or matters requiring such cooperation. (e)"mortgage". mortgage, deed of trust, trust deed, or other security S. PROOF OF LOSS OR DAMAGE instrument. In addition nand after the notices required under Section 3 of these Condi- (f)"public records": records established under state statutes at Date of tions and Stipulations have been provided the Company,a proof of loss or Polley for the purpose of imparting constructive notice of matters relating to damage Signed and sworn to by the insured claimant shall be furnished to tho real property to purchasers for value and without knowledge.With respect to Company within 80 bays after the insured claimant shall ascertain the facts Section 1(a){iv)of the Exclusions From Coverage,"public records"shall also giving rise to the loss or damage.The proof of loss or darftage shall describe include environmental protection liens filed in the records of the clerk-of the the detect in,or lien or encumbragce on the title, or other matter insured United States district court for the district in which the land is located, against by this policy which constitutes the basis of IoSs or damage and shall (g)"unmarketability of the title".an alleged or apparent matter affecting state,to the extent possible,the basis of calculating the amount of the loss or the title to the land, not excluded or excepted from coverage, which would damage.if theCompanyis prejudiced bythefailureof the insured claimantto entitle a purchaser of the estate or interest described in 5chedure A to be provide the required proof of loss or damage,the Corpany's obligations.to released from the obligation to purchase by virtue of a contractual condition the insured under the policy shell terminate,including any liability or obfiga- requlring the delivery of marketable title, ti4n Io defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such proof of loss or damage. 2, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE In addition,the insured claimant may reasonably be required to submit to The coverage of this policy shall continue in force as of Date of Policy in examination under oath by tiny author)zed representative of Ute Company favor of an insured only so long as the insured retains an estate or interest in and shall Aroduoe for examination,inspection and copying,at such reason- the land,or holds an indebtedness secured by a purchase money mortgage able times and places as maybe designated by any authorized representative given by a purchaser from the insured,or only so long as the insured shall of the Company, art records,books,ledgers,Checks, correspondence and have liability by reason of covenants of warranty made by the insured in any memoranda, whether bearing a pate before or after Date of Policy, which transfer or conveyance of the estate or Interest,This policy shall not continue reasonably pertain to the toss or damage.Ftuther,if requested by any author in force in favor of any purchaser from the insured of either(1)an estate or rized representative of the Company, the insured claimant shall grant its interest in the land, or(ii) an indebtedness secured by a purchase money Permission,in writing,for any authorized representative of the Company to mortgage given to the insured. examine, inspect hnd copy all records, books, ledgers, checks, correspon- 3. NOTICE OF CLAIM TO BE GIVEN 8Y fNSURED CLAIMANT dence.and Memoranda In.the cuStodyorcogtrol of a third party,which reason- fy promptly g`) y ably pertain to the loss ordamage,All information designated as confidential The Insured shall note Ina CompanyIn writing t In case of an b he insured claimant provided to the Company pursuant to this Section litigation as set forth in Section a(a)below,(IQ in case knowledge shall come to shall not be disclosed to Others unless, In the reasonaple Judgment of the an insured hereunder of any claim of title or interest which is adverse to the Company, it iS ner*Sr ty in the administration of the claim, Failure of the title to the estate or;merest,as insured,and which might cause loss or dam- Insured claimant to submit for examination underoath,produce other reason- age for which the Company maybe liable byvlrtue of this policy,or{iii)it title to ably regtested information or grant permission to secure reasonably neces- the estate or interest,as insursd,Is rejected as unmarketable.If prompt notice sary.information from third parties as required In this paragraph shall termi- shall not be given to the Company, then as to the insured all liabllity of the mate any liability of the Company under this policy as to that claim. Company shell terminate with regardto the matter or matters forwhioh prompt notice is required;provided,however,that failure to notify the Company shall 0, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION In no case prejudice the rights of any Insured under this policy unless the OF LIABILITY Company shalt be prejudiced by the failure and then only to the extent of the In ease of a claim under this policy,the Company shall have the following prejudice, additional options: 4. bJEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (a)'To Pay or Tender P>aymont of the Amount of Insurance. CLAIMANT TO COOPERATE To pay or tender payment of the amount of insurance under this Policy (a)Upon written request by the insured and subject to the options con- together with anycosts}attorneys'feesand expenses incurred by the insured tainsd it)Section 6 of these Conditions and Stipulations,the Company,at its claimant,which were authorized by the Company,up-to the time of payment or own Cost and without unreasonable delay,shall provide forthe defense of an tender of payment and which the Company ig obligated to pay. Insured in litigation In which any third party asserts a claim adverse to the title Upon the exercise by the Company of this option,all liability and obligations or interest as insured,but only as to those stated causes of action alleging a to the insured under this policy,'other than to I:1ake the payment required,shall defect,lien or encumbrance or other matter insured against by this policy,The terminals, including any liability or obligatiun to defend, prosecute,or con- Company shall have the right to select counsel of its Choice(subject to the tinW any litigation,and the policy shall be surrendered to the Company foi right of the insured to object for reasonehle cause)to represent the insured ae cancellation, to those stated causes of action and shall not be liable for and will not pay the (b)To Pay or OtNerwise Slettte With Parties¢ther there the Insured or fees of any other counsel. The Company will not pay any fogs, costs or With the Insuredrlalmant. expenses incurred by the insured In the defense of those causes of action (i)to pay or otherwise settle*with other parties for or in the name of an which allege matters not insured against by this policy, insu red clalmalttany Claim insured against underthis Polley,togetherwittlany (o)The company shall have the right, at its own cost, to institute and .costs,attomPys'fees and expenses incurred by the insured claimant which prosecute any action or proceeding or to do any other'act which in its.opinion were authorized by the Company up to the tirite of payment a nd which the may be necessary or desirable to establish the title to the estate or interest,as Company Is obligatecr to pay;,or insured,or to prevent or reduce loss or damage to the insured.The Company (i;)to pay or otherwise settle with the Insured claimant the loss or damage may take any appropriate action under the terms of this policy,whether or not provided for under this policy;together with any cost6,attorneys' fees and it shall be liable hereunder,and shalt not thereby concede liability or waive any expenses incurred by the insured claimant which were authorized by the provision of this policy. if the Company shall exercise its rights under this Company up to the time of payment and which the Company is obligated to paragraph it shall do so diligently. pay Upon the exercise by the Company of either i options provided for in (b)when liability and lent of toss or damage has been definitely fixed paragraphs(b)(i)or(ii),the Companys obligations to the insured under this in accordance with these conditions and Stipulations,the loss or damage policy ror the clairrced loss or damage,other than the payments required to be shall be payable within 30 days thereafter. made,shall terminate,including any iiablltty or obligation to de{end, prose- cute or cont'snue any litigation, 13, SUBROIaATION UPON PAYMENT OR SETTLEMENT (a)T8e Company's Right of Subrogation. 7. DETERMINATION,EXTENT OF UA51LITY AND COINSURANCE This policy is a contract of indemnity against actual monetary lots,or dam- Whenever the Company shall have settled and pant a clam, under this age sustained or incurred by fiie insured claimant who has Suffered loss or policy.all right of subrogation shall vest in the Company unaffected by any Act damage by reason of matters insured against by this policy and only to the of the insured claimant. extent herein described. The Company shall be subrogated to and be entitled to all rights and (a)The liability of the Company under this policy shall not exceed the least remedies which the insured claimant would have had against any person or of: property in respect to the claim had this policy not been issued.If requested by (i)the Amount of Insurance stated in Schedule A:or, the Company,the Insured claimant shall transfer to the Company all rights (ii)the difference between the value of the insured estate or interest as and remedies Against any person or property necessary in order to perfect insured and the value of the insured estate or interest subject to the defect, this right of subrogation.The insured claimant shall permit the Company to lien or encumbrance insured against by this policy. sue,compromise or settle in the name of the insured claimant and to use the (b)In the event the Amount of Insurance slated in Schedule Aat the pate of name of the insured claimant in any transaCtio•n or litigation involving these Policy is less thsn eo percent of the value of the;insured estate or interest or rights or remedies. the full consideration paid for the land,whichever is less.of If subsequent to it a payment on account of a claim does not fully cover the foss of the the Date of policy an improvement is erected on the ittrtd which increases the insured claimant,the Company shall be subrogated to these rights and rem.e- value of the insured estate or interest by at least 20 percent overthaAmount of dies in the proportion which the Company's payment bears to the whole Insurance stated in Schedule A,then this Policy is subject to the following' amount of the loss. (i)where no Subsequent improvement has been made,as to any partial If loss should result from any act of the insured claimant,as stated above. loss,the Company shall only pay the loss pro rota in the proportion that the that act shalt not void this policy, but the Company, in that event, shall be amotini of insurance at Gate of Policy bears to the total value of the insured required topayonlythat part of any losses insured against by this policy which eefate or interest at Date of Policy;or shall excepp the amount,if any,lost to the Company by reason of the impair- (a)where a Subsequent improvement btmvbeen made,as to Any partial: ment by the insured claimant of the Company's right of subrogation, loss,the Cbmpany shall only pay the loss pro rata in the proportion that 120 (b)The Company's Rights Against Non-insured Otiligors, percent of the Amount of fneurancR stated ih Schedute A bearslo the sun)of The Company's right of subrogation against non-insured obligors shall the Amount or Insurance stated in Schedule A and the amount expended-for exist and shall include,without limitation,the rights of the insured to indem- the improvement. nities.guaranties,other policies of insurance or bonds,notwithstanding any The provisions of this paragraph shall not apply to costs,attorneys'fees terms or conditions contained in those instruments which provide for subroga- and expenses for which the Company is liable under this policy,and shalt only lion tights by reason of this policy, apply to that portion of any loss which exceeds,in this aggregate,10 percent-of the Amount o1 insurance stated in Schedule A. 14- ARBITRATION (c)The Company will pay only those costs,attorneys7 fops and expenses Unless prohibited by applicable law,either Me Company or the insured may incurred In accordance with Section 4 of these Conditions and Stipulations, demand arbitration pursuant to the Title Insurance Arbitration Rules of the 0, APPORTIONMENT American-Arbitration Association.Arbitrab)e matters may include,but are not If the land described in Schedule A consists of two or more parcels which limited to,any controversy or claim between the Company and the insured are not used as a single site,and a loss is established affecting one or more Of arising out of or relating to this policy,any service of the Company in connec- the parcels but not all,the loss shall be compiuted and nettled on a pro raia ilon Vith its issuance orthe breach of a policy provision or other obligation.All basis as if theclmount of insurance underthis policy was divided pro rats as to afbitrable matters when the Amount of InsUranee Is si,000,000 or less shall the value on Date of Policy of each saparate parcel ib thr}whols,exclusive of be arbitrated at the option of either the Company or the insured.All arbitrable any Improvements made subsequent to Date of Policy, unless a liability or matters when the Amount of insurance is in excess of$1,000,000 shall be value hasotherwise been agreed upon as to each parcet by the Company and arbitrated only when agreed to by both the Company and the insured.Arbitra- the insured at the time of the issuance of this policy and shown by an express lion pursuant to this policy and under the Rules in effect on the date the statement or by an endorsement attached to this policy. demand for arbitration is made or,at the option of the insured,the Rules in 9. LIMITATION OF LIASIUTY effect at pate of Policy shrill be binding upon the parties. The award may include attorneys'fees only if the laws of the state in which the land is located {a)If the Company establishes the title,or removes the alleged defect,lisp permit a court to award attorneys'fees to a prevailing par fy.Judgment upon or encumbrance,or cures the lack of a right of access to or from the land,or the Award rendered by the Arbitrator(s)may be entered In any court having cures the claim of unmarketability of title, all as insured, in a reasonably urisdictionihereof. diligent manner by any method,including litigation and the complietion of any jurisdiction The IaW of the sites of the land shalt apply to an arbitration under the Title appealstherefrom,it shalt have fully performed its obligations with respect to Insurance Arbitration Rules. that matter and shall not be liable for any loss or damage caused thereby, (b)In the event of any litigation,including litigation by the Company br with A copy of the Rules may be obtained from the Company upon request. the Company's consent,the Company shall have no liability for loss or dam- age until there has been afinal determination by a courtof competent jurisdic- 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT tion,and disposition of ail appeals therefrom,adverse to the title as Insured. (a)This policy together with all endorsements,if any,attached hereto by the tc)The Company shall not be liable for loss or damage to any insured for Company is the entire policy and contract between the insured and the Corn- liability voluntarily assumed by the insured in settling any claim or suit without pany.In interpreting any provision of this policy,this policy shall be construed the prior written consent of the Company. as a whole. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (b)Any claim of loss or damage,whether or not based on negligence,and LIABILITY which arises out of the status of the title to the estate or Interest covered All payments underthis policy,except payments made for costs,attorneys' hereby or by any action asserting such claim.shall be restricted to this policy. nlo. (oi No amendment of or endorsement re this policy can he made except by fees and expenses,shall reduce the amount of the insurance pro ta a venting endorsed Hereon dr attached herreto signed by ditkter the Presictecit,a 11, LIABILITY NONCUMULATIVE Vice President,the Secretary,an Assistant Secretary,or validating officer or It is expressly understood that ilia amount of Insurance under this.policy authorized signatory of the Company, shell be reduced by any amount the Company may pay winder any policy insuring a mortgageto Which exception is taken in Schedule 6 orto which the Jr. SEVERAaILiTY Insured has agreed, assumed, or taken subject. or which is horeafter ex- In the event any provision of the policy is held Invalid or unenforceable ecuted by an insured•and which.is a charge or lien on the estate or interest under applicable law,the policy shall be deemed not to include that provision described or referred to,in Schedule A, and the amount so paid shall be and all other provisions shall remain in full force and effect, deemed a payment under this policy to the insured owner. 12. PAYMENT 00 LOSS All NOTICES,WHERE SENT (a)No payment shall be made without producing this pulley for endorse- All notices requiredfired t to be given the Company and any statement in writing re uired to be furnished the Company steal{include the number of this policy meat of the payment unless the policy has been lost or destKoyed, in wilich an�i shall be addressed to the Company at the issuing office or to; case proof of loss or destruction shall be furnished to the satisfaction of the Chicago Title Insurance Cottlpatty Company. Claims Department 177 North Clark Street Chicago, Illinois 60601-3294 90 3Jtid OICIDid Sold EL9Tb6Z9T9 994,12) 666T/8T/T0 • ENDORSEMENT Attached to aild forming a part of Policy NO,_ 7210Q2-34219 issued by CHICAGO TITLE INSURANCE COMPANY NEW YORK ENDORSEMSNT (OWNER'S POLICY) t. The following is added to the insuring provisions on the face page of this policy: 115, Any statutory lien for services,labor or materials finished prior to the date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the Inspfed as shown its Schedule.A of this policy." 2. The following is added to Paragraph?of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the Policy date,such policy shall also cover intervening liens or eticumbrances„except mai estate taxes,assessments,water charges and sewer rents." "(e) Provision is made in the rate manual of this company filed with the Superintendent of insurance of the State of New York for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in this sub-section shall this company be deemed to have insured the sufficiency of the instrument of conveyance or to have assumed any liabllity for the sufficiency of any proceedings after the date of this policy." This endorsement is made a part of the policy or certificate and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated,it neither modifies any of the terra$and provisions of the policy or certificate and prior endorsements,if any,nor does it extend the effective,date of the policy or certificate and prior endorsements or increase the face amount thereof: Dated: June 8, 2004 aY f � P.videnl. t4,uthorized Signator2,ry. Note:This endorsement shalt not he validrng ntilf u countersigned by an authorized sign ! (J New York Endorsernent(Owner's Folicy)(1988)to be used spith Anmgrican Land Trtre Amacr'ation's"A.L.T.A,Owner's Policy"(198yforn4 ENNYFNO QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION OWNER: Claire&Rob Riccio CTM: 1000-98-6-1 A. Is the subject premises listed on the real estate market for sale? ❑Yes H No B. Are there any proposals to change or alter land contours? No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? Yes 2)Are these areas shown on the map submitted with this application? Yes 3)Is the property bulkheaded between the wetlands area and the upland building area? Yes 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction?_Yes Please confirm status of your inquiry or application with the Trustees: Application submitted and if issued,please attach copies of permit with conditions and approved map. 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 and are not shown on the survey map that you are submitting? _No (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) 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 and describe: G. Do you or any co-owner also own other land close to this parcel? No If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel residence and detached garage and proposed use house with attached garage with pool (examples: existing: single-family; proposed: same with garage or pool,or other description.) z /Q Z, Authorized Signature and Date 2/05; 1/07 ' PRo1EC'r I.D.NUMBER . SEQR 617.21 Appendix C State Environmental 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 Gl f (-2,4 S.Project location: Municipality County 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 5.Is proposed action: 1(/qNEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: s*2zc -�kr� �/ Gttyu��c� hod/ �.,:- � Scdv �✓iu�. 7.Amount of land affected: Initially: acres; Ultimately: acres 8.Will proposed action comply with e)isUng or other existing land use restrictions:( )YES (XNO If No,describe briefly: 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 ( )NO If Yes, list agency(s)and permlYapprovals: a 11. Does any aspect of the action have a currently valid permit or approval? ( )YES K)NO If Yes, list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? ( )YES (A)NO If Yes, list agency(s)and permit/approvals: I certify that the Information provided above is true to the best of my knowledge Applicant/Sponsor Name: Date: �O Signature: If the action is in the Coastal Area, and you area state agency, complete the Coastal Assessment Form before proceeding with this assessment g APPEALS BOARD MEMBERS _ ��OF $OUj Mailin Address:Southold Town Hall Gerard P. Goehfinger,Chairman ,`O l0 53095 Main Road -P.O.Box 1.179 Ruth D. Oliva Southold,NY 11.971-0959 James Dinizio,Jr. CO Office Location: Michael A. Simon O�� YO Town Annex/First Floor,North Fork Bank �oUrm�' 54375 Main Road(at Youngs Avenue) Leslie Kanes Weisman Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 July 31, 2008 Mr. and Mrs. Rob Riccio 78 Chelsea Road Garden City, NY 11530 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA# 6140—Application by Claire and Rob Ricco (Variances) Dear Mr. and Mrs. Ricco and Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the July 24, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Linda Kowalski Encl. ELIZABETH A.NEVILLE SoUryOl Town Hall, 53095 Main Road TOWN CLERK ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER G Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER ��yCUTY,Nc� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 14, 2008 RE: Zoning Appeal No. 6140 Transmitted herewith is Zoning Appeals No. 6140 Claire & Robert Riccio-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Cover Letter from Patricia Moore Listing the following: Notice of Disapproval, Site Plan Prepared by Fred Weber, Architect, Building Diagrams of House and Pool Design, Survey prepared by John C. Ehlers, Project Description, Transactional Disclosure, Questionnaire Form, Short Environmental Assessment Form, 2 Property Record Cards, LWRP Consistency Assessment Form, ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/14/08 ZBA# NAME CHECK # AMOUNT TC DMZSj , P 6140 Riccio, Robert and 6800 $600.00 FEB 7 4 2008 Claire (P. Moore) S® ; .44€ YeCW~ V s� 6142 Meskouris, James (P. 6765 $400.00 Moore) F E B 1 4 2008 Soufliald Town Clerl TOTAL $1,000.00 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Claire&Rob Riccio,Patricia C.Moore Esq._ (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 or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X_ Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other (Trustees) X 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this da f Signature:6 eo Print Name: Claire Riccio Rob Riccio Patricia C. APPEALS BOARD MEMBE" *OF SOS Mailing Address: Gerard P. Goehringer, Chairman p� ry�l0 Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio, Jr. G • Q Office Location: Michael A. Simon �O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.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,JUNE 26,2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY,JUNE 26,2008: 2:25 P.M. CLAIRE and ROB RICCIO#6140. Requests for Variances under Sections 280-15 and 280-116B, based on the Building Inspector's amended February 6, 2008 Notice of Disapproval concerning proposed new construction. The reasons stated in the disapproval of the building permit application are: (1) the proposed new dwelling construction will be less than 75 feet from the bulkhead, (2) the proposed swimming pool will be in a side yard instead of a code- required rear yard; and (3) in addition, the applicants request a Variance under New York Town Law, Section 280-a to determine the need for base improvements and clearance within the right-of-way easement giving access to this property from Indian Neck Lane. Location of Property: Private Right-of-Way extending from the Southerly Side of Indian Neck Road (House #6212), Peconic; CTM 98-6-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809,or by email: Linda.Kowalski(aD-Town.Southold.ny.us . Dated: May 27,2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 d- t"� #8875 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 26th day of June, 2008. Principal Clerk Sworn to before me this day of `r 2008 hon proposed at>(1)less;ahan:100 feet from'the tog ofahe,bluffadjacent.to ahe L I.:Sound,-(2)less Phan the.code=- required.mmamum,15 ft side yard(new: , p dwetluig);(3)side yard loca4 and sot- s than 40 feet from the front /C[�1 �/ yard lotline(swimming pool and shecin d); and(4)lot coverage in excess of the cbde hmIIahoii of 20%";(all construction) Lo.: CHRISTINA VOLINSKI _cafion 54005 North Road Southold;. : NOTARY PUBLIC-STATE OF NEW YORK GTM62� 10 and (combined as one) No. 01-V06105050 2 25 P.M CLAIRE and ROB RIC "'i CIO#6140 Jteguests for Variances tin Qualified in Suffolk county ":der Sections 280-1b and 280=116B,5aaed=. on the;Building:Inspector'-s..amended My Commloslon Explres February 28, 2012 '1 ebruary,6,2008Notice of Disapproval concerning proposed new constnictiori; Tl3e reasons stated in the disapproval,of `the building permit apphcatior are'(1)-; the proposed ne�y dwelling constrijc-,. 13on quill be less than 75..',feet from the,- bulkhead' (2) thes..proposed swtmniing; c-pool t�nU`be m a side yard instead of,a;. code regiiv ed rear:yard, 3).in addition• New Yolk Town.Law.Section :determine the need for`bi;se impzove "�• merits apd clearance within;the right=of--. wayjeaseiTient giving aceess'to thas prop<:_' erty from:Indian`Neck.Lane.Location: Right of Way exten'dmg from the Soptfi '`.erly Side.of Indiazi�Ne&,Road (House. #6512)Peconic CTM 98 61': i._ The Board of'Appeals,wtli Bear all' pertt_.r then representatives,.de's r �.trig to,be heard at;each hearing,an&o'r_ desiring;to suUmif:written,statements ,,;before tfie conclusion of each heaniig .° LEGAL NOTICE Each hearing will trot start.earher than `I $OUTHOLD TOWN'ZONIIVG designated abbve files are avQable,for. `BOARD OF APPEALS revaew�lurmg regular business hours and ,� IIUR5DriY,JUNI 26,2A08 prior to the day of the hearing If,YOU ;.� PUBLIC HEA1CtINGS have questions,pleaseI.do riot hesitate ,:+ NOTICE IS FIEREBY CrlVl?N par{ to contact our office'at(631)765 1809 c suanttoSechon267oftheTownLawand or by email Lida Kowalski@Townn chapter 280(Zoiung),Code of theown Southold nv us n, F of Southold the followuig liublic hear Dated June 16 2008 mgs,will be Meld by the ,SOUTFTOLD ZONING B04RD,OFAPPBALS TOWN ZONING BOARD OF=AP GERARDPGOEHRINGFR PALS at the xoWn I3a11,530�5 Mam ;;_ CHARMAN Road ;PO fox. 1179 5outhrlld, New BY I>INDA KQWALS$I i York 411971 0959 on _THURSDAY,+, . 54375 iVIain Road�Of&ce Location) " 26 2008 53045 Mam$oad( .ailing)LTSPS.) 140;P1yI WILLIAM.;and JPANNE 1'Q:Box 1179 TU [BULL#6152 Requests fglr Southold NY4971 9959, ances finder.Sections 280-15F 28Q 116 .i '88751�2b 280-124 based;gr the,.Bnilding lnSpe,6, tors,amended May 6;,2008 Notice":of Dtsa_Pp 0 41 fora pFbpbS,ed tre�v41we11.,, mg stZimmingpaol and`shed.copsttvc COUNTY OF SUFFOLK)6- #� Karen Kine of MatthucK, in said county, being duly sworn, says that st,.:. , Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s),successively, commencing on the 5th day of June,2008. Principal Clerk Sworn to before me this day of 2008 of 20 feet.Location of Property:206.85 ,Seel from the front lot fine,at 3600 Deep / Route.25, Mattituck; CI'M 1083;5.5 Hole Drive,Ivfattituck;CTM 115-17-8. I C11,/hJ -(a/k/aGreenbriar Acres Subdivision Lot The Board of Appeals will hear all CHRISTIN VOLINSKI #1 filed 10/A1977), persons,or their-representatives,desir-. 11:00 A.M.RICHARD and.BETSY ing to be heard at each hearing,and/or:OTARY PUBLIC-STATE OF NEW YORK PERKINS#6177.Requests for Varianc- desiring"to submit written statements es under Section 280-15,based on the before the conclusion of:each hearing. Nol.01-V06106050 Building Inspector's amended"May 1, Each hearing will not start earlier,than c.1. 1ly' In Suffolk CounfY 2008 Notice of Disapproval concerning designated above.Files are available for:,r'ommiss(on Explfil P9brmy 24,9012 a,proposed accessory garage which will: review during regular business hours and (1)exceed the code limitation of 22 feet prior to the day of the hearing.If you It in height maximum,and,(2)exceed the have questions,please do not hesitate- --- code limitation of 750 square feet'maxi- to contact our office at(631)765-1809,' mum on a lot measuring,42,750 square or by email: Linda.Kowalski@Town. feet in size.Location:305 Ole Jule Lane, Southold.ny.m. Mattituck;CTM 114-i2-14.2'. Dated:May 30,2008.- 1:00 P.M. SOUTHOLD PROPER- ZONING BOARD OFAPPEALS TIES LLC/PRINCIPI PROPERTIES GERARD P'GOEHRINGER, - #6150. Requests for Variances under CHAIRMAN Sections 280-56 and 280-11611, based BY LINDA KOWALSKI on the applicant's request for a build- 54375 Main Road(Office Location) ing permit and the Building Inspector's 53095 Main Road(Mailing/USPS) amended March 25,2008 Notice of Dis- P.O.Box 1179 approval concerning as-built construe- Southold,NY 11971-0959 tion set back less.than 25 feet from the_ 88564T 6/5 .. _ westerly side lot line and'proposed deck construction at less than 75 feet from the bulkhead adjacent to tidal water,at 64300 Route 25(a/k/a Main Road,for- merly Mill Creek Inn),Greenport;CTM 56-7-2.District:M-II Marine Zone. 1:20 P.M. END OF THE ROAD, 1 LLC#6013 as amended.Request for Variances under Sections 280-49,280-50 LEGAL NOTICE (A and C),and 280-78B-I,based on the SOUTHOLD TOWN ZONING' Building Inspector's amended May 2, BOARD OF APPEALS 2008 Notice of Disapproval concerning THURSDAY,JUNE-26i2008 proposed construction of two buildings, PUBLIC HEARINGS with retail,office and bank space ih-the NOTICE IS HEREBY GIVEN,pur- -B-General Business Zone District.The . suant to Section 267 oftheTown Lawand reasons for disapproving the building Chapter 280(Zoning),Code oftheTown permit application are:(1)a building is of Southold,the following public hear- proposed with a single side yard of less ings will be held by the SOUTHOLD than 25 feet and set back at less than 75 TOWN ZONING BOARD OF AP- feet from the right-of-way;(2)a building PEALS at the Town Hall,53095 Main is proposed at less than 75 feet from the Road,P.O. Box 1179,Southold,New right-of-way and will be greater than the York 11971-0959. on THURSDAY. code limitation of 60 linear feet in width;' JUNE 26.2008: (3)the accessory parking area is located 9:30 A.M. MAUREEN HIGGINS in an R-40 Residential Zone District, #6172.Request for a Variance under Sec- which the code states is permitted upon' tions 280-122 and 280-124,based on the approval of the Board of Appeals under Building Inspector's May12,2008 Notice Section 280-78-B-I.The new construc- of Disapproval and ZBA Zoning Code tion is proposed after demolishing the Interpretation#5039(Walz),concerning Existing buildings.Location of Property: revocation of BP#30548-Z and an ap- 11500/11600/11700 Main Road/Route 1 placation for a building permit to alter 25(formerly Law Offices and Mattituck the existing single-family dwelling and Beverage)and a private road known as to convert the carport into living.space, John's Road,Mattituck;CTM 122-3-17.1 . for the reason that the construction will (formerly 1.2,2,5.1 and 17). constitute an increase in the degree of 1:40 P.M.WILLIAM and JOANNE - front yard setback nonconformance,at TURNBULL#6152.Requests for Vari- 1500Bay Shore Road,Greenport;CTM acces under Sections 280-15F,280-116, .53-4-32.1. 280-124,based on the Building Inspec- 9:45 A.M.MICHAEL and CAROL tor's amended May 6,2008 Notice of ANN SENDLEWSKI #6169.Request Disapproval for a proposed hew dwell- for a Variance under Section 280-122, ing,swimming pool and shed construc- based on the Building Inspector's March tion proposed at:(1)less than-100 feet'. 17,2008 Notice of Disapproval and ZBA from the top of'the bluff adjacent to Zoning Code Interpretation#5039,for the L.I.Sound;"(2)less vthan the code- the reason that the proposed additions required minimum 15 ft.side yard(new and alterations will place the existing ac- dwelling);(3)side yard location and set- cessory building in a side yard with more- back at less than 40 feet from the front nonconformity(instead of the code-re yard lot line(swimming pool and shed); 'quired rear yard).Location of Property: and(4)lot coverage in excess of the code 270,Pequash Avenue,Cutchogue;CTM limitation of 20%(all construction). 102-3-5.1. 2:00 RM.MICHAEL and SUSAN ' 10:00 A.M:- MARITIME DAY JEFFRIES#6167.Request for a Vari- SCHOOL 46170.Request for a Special ance under Section 280-116A(1),based Exception under Section 280-13-B(4)to on applicant's filing of a building permit establish a Nursery School at the exist application and the Building Inspector's ing health club and office building,at April 30,2008 Notice of Disapproval 780 Depot Lane(and Main Road),Cu- concerning a proposed accessory in- tchogue;CTM 102-2-12.6.Zone District: ground swimming pool and retaining Residential=Office."' wall at less than 100feet from the top of 10:15 A.M.THOMAS and WENDY the bluff adjacent to Block Island Sound, CARLEY#6171.Request for a Vari- near the Easterly End of East End Road ance under Section 280-124,based on at Fishers Island;CTM 1.2-11. the Building Inspector's March 17,2008 2:25 P.M.CLAIRE and ROB RIC- Notice of Disapproval concerning a CIO#6140.Requests for Variances un- proposed porch addition to the existing der Sections 280-15 and 280-116B,based dwelling,which will be set back less than on'the"Building Inspector's amended 40 fee[from the front property line adja- February 6,2008.Notice of Disapproval i cent to the street,at 350 Wampum Way, concerning proposed new stru conction. Southold;CTM 87-2-29. The reasons stated in the disapproval, 10:30'A.Mr THOMAS and KATH- the building permit application LEEN DESPAGNI#6174.Request for the proposed new dwelling constrne .a Variance under Section 280-124,based lion will be less than 75 feet from the on the Building Inspector's April 24, bulkhead,(2)the proposed swimming 2008 Notice of Disapproval concerning pool will be in a side yard instead'of a i proposed additions to the existing sin- code-required rear yard;and(3)in ad- gle-family dwelling,which new construe- dition,the applicants request a Variance tion will be less than 40 feet from the under New York Town Law,Section "front lot line adjacent to the street,at: 280-a to determine the need for base 805 Little Peconic Bay Road,Cutchogue improvements and clearance within the (a/ka Lot 401 Nassau Point Club Proper- right-of-way easement giving access to ties Map of Section D filed 1926);CTM this property from Indian Neck Lane. 111-11-23. Location of Property:Private,Rightof- 10:45 A.M.JOSEPH AND CATH- Way extending from the Southerly Side , LEEN SHIPMAN#6173:Requests for of Indian Neck Road(House#6212),Pe- Variances under Section 280-13A(2-c), conic;CTM 98-6-1. il based on the Building Inspector's Febru- 2:45 P.M..JOSEPH .ZITO #6175. ary 26,2008 Notice of Disapproval con- Request for'a Variance under Sec- cefning an application fora building per- tions 280-122A.and 280-124(formerly .mit to construct an agricultural storage 100-244),based on the Building Inspec, building on an existing tree farm.The tos's April 8,2008 Notice of Disapproval, reasons stated for disapproving the"ap- and ZBA Code Interpretation #5039 plication are:(1)the front yard setback (Wa1z),the applicant proposes to build is less than the code-required minimum -a second-story addition to the existing of 50 feet,and.(2)the side yard setback single-family dwelling;which new con- is less than the code required minimum struction will be set back less'than 35 To bC, Zon i n 600-rj o r 0 PP cab JUN 2 4 2008 �P r'l\1 name IS S ue. C)d e-I I BTTp +RR beery here ,n the loL,)v, OF So,)tholcl {or 100 ye�rS . n1y Fool- Sons have rwo up here , M� gr"jChiWilen have been born he-re . my proPer-i\l Qorjers the kiCbos The qph ccLoIS) horfti a.nj +he wesT T C-Lm Wri,-any youL IbJ� because-I A&ve Seders l concerns Perrl,nc� ikis qP11CCLfc)(I �. The onLy Ctccess Jo flee qplcLmfs prc)fwty is over my P(DfUij Which runs from Tvydi" necK lame soot� o\te(- Ll CLCe_� +o �'1 icr 1'2 CtC2 lol (}yi +ke- 6j4� , -The- Jeec�d aces s speej'fi'ca.l ly notes over -+he ex i s T wj eA.i rt road , This is a 12 f+ nv.r(oLjL) W i vi6U ny cl.I e-T road 122C) ft Ion flmK-ed by Ve(l lc.rye 6IcY SPeeirmt-vi f(eeS 4fc)LLqk 00+j+lie Woods. Dees +kis nMrOuJ JiPTctv-,ve- me-e-+ - -tie f, re code For eyess and iny�ess ? 2,- This qplicufiori i5 seeKir� relief �(Ovn the WeTlcLYJ se-rback regoia-vnerrF. The Lug �vom which the relief is sc)oghf is atsird sPw -�Iccjl� +o P(Oilej +ke 610-4, the der, and -I-He YVuArine enviromerf}-o if +h) s vcu l ay1 ce IS 9foyl+.Cj i + will eorviprom, se this Tf"Ile coasi IIne wec�retry��y +o ��o+e�-t Conveasel� , if the Vex-fiance- ►S not q (a-n+p-J aflsA -�he e�Pl�ceAr,t �s pTujjy mculQ +o bualcl W1+6 the fec+�I reel Set6c-c.1C � cu the PIS is now 100 f'+ - If ,- Wclullct 4en fequi (e +Hem +a SeeK "o-Fher vcu�icwCe �or a. bcccK �arj se+ b�LcIc Qqui (ement. l,Jho shooIc,I the jelica-4 be- close( boo ? The Cua.Sr I ivle- () r cl ifeok-I i v, T(ont of rn� hOvne W AuLt ck- TOc,-Ho spire � 3- YY1y uncle r srcu�cl,r� � s rth�t the c.ypl I ccAni I s seeK.�� to e�evel�� I�lore -�lncA v� the JOUDed WCOR01,4(64 Lot c��eoc.�c�e. , as -Ihis � s alveady �. � eonformlr� LOT is +ke- case, Ti is ire cuvnbenf on -the Z 6A to 5rcL,-,t Vallenees 4hyk,r woold ��*r increase -the Non-Conform Il OF ibe D�Jfoper}� � or -b acF � n the SpIr,-i of }he Soothold Ti`x-)n Lcu-,� c� Pol�ciQs -Fhb ale de-si ne-J cL-v)d u?ni� n aml upheld wHick slnoolcl Protecl�_ ihe wticAncls arrJ fes�ecf. ike- Commune+� C4urcu-qe(-, c + 1 e, z-on C.on n5 i d etr cdi--t'cs n c vrr ng -rhe. Lf Cyu -,5h c3 use d ..por tzD rcnC,eP-, i f c l aov - -4-�c d o rot- op pone 4+i�z7, i cc. o 'S Eli Icl i n (5-n ,SUN 2 7 2008 B®AR.L OF APPE:ALS t ' TOWN Sold'�HoLD R®P D' CARD OWNER .STREET _ VILLAGE DIST. SUB. LOT FORMER OWNER N �� E ry'}' ACR"Z 'Q A "'e, !) r`'ftr-h! o 4uJ.F A-CGC D4 04 Is W TYPE OF ILDING SEAS. 1 0 N)VL FARM ! COMM. CB. MICS. Mkt. Value D IMP'. TOTAL DATE R RKS 7iP7r:/ �Q� /7Qo�,• :Y�/' LL C �1�.1v� i !if/ '� J i � � 4 a _ i c � ©Ll- LiR-611 L,1S-4i C ' 'v oof 40 (n51o, Lin"", -n}c. i l 'illable i FRONTAGE ON WATER Voodlarrd FRONTAGE ON ROAD AeQdoY oM DEPTH / louse Plot. ' BULKHEAD a otal ,R TP.liV4 • 9 J; i � i I I � 98.-6-1 3/05 I � i' i .. _.._. .�...a,.....�.�.......,-...- ._.. '`y ___ I _ M. BIcIg. r - \ � T 1 i` _�i Z /17- 1 �� ✓ 3> 3 '1 Foundation f: t. B0.+" ! �, Dinette 16 /G t \Basement ;�'�• -- Floors j K. h /C X, a `= Z E�� `� Ext. Wolfs �f��4t�- cerior Finish , LR. Breezeway31 Fire Plact S Beat DR. 4GarcW �j ,;�` .% / Type Roof PI r Roams i st Floor Patio ,jam� �� t �� 0 Recreation Roam Roams 2nd Floor FIN. B 6Dormr f Driveway V4% �. -' PROPERTIES NU I IUL b�'"w�� DISTRIGTS: ��, Real Property Tax Service agency T 091 096 VILLAGE U' v� i WND MAINTENANCE,ALTERATION,SALE OR b 096 �° County Center Riverhead,N Y 11901 M DISTRIBUTION OF ANY PORTION OF THE �; 400 P 102 103 137A Il 104 DISTRICT NO SUFFOLN COUNTY TAX MAP IS PROHIBITED SCALE IN FEET: lOOO PROPERTY MAP 200 0 103 !00 WITHOUT WRITTEN PERMISSION OF THE BWv ®� 17s :REAL PROPERTY TAX SERVICE AGENCY. CDNVERSIDN DAT ; 1 A SEE SEC.W.086 MATCH LINE Y 1�pLcl- q •,17.6 T% MATCH LINE N 296600 1.3A(d yb o �, `� a 16 g J$B6•oOJ B!o i• MAIC LINE ( 'j. {S 3.7AIG ,•` 35,0 1 s� ��A (//� •yam/ a a 4 1 . 3 J c all � t ti�s 1 16, 22• � s a a�p , >o SEE SEC.N0.173 2 g1�,A0 a, 19 e a, H iee 9' g 0 IR _ Z/ �S0, 2e OA(c1 ' 25 4A(c) nu :1 nu (z .�. 3 I(c) y x 22. z 4A(G i k 0 a a N 292.800 Cb 4' PROPERTIES NOTICE o� COUNTY OF SUFFOLK © K BB9 OBG TGON OF SOUTHOLD SECTION NO DISTRICTS: o�� ti�� E MAINTENANCE,ALTERATION,SALE OR Real Property Tax Service Agency Y , VILLAGE OF DISTRIBUTION OF ANY PORTION OF THE 9 8 SUFFOLN CGUNTY TAX MAP IS PROHIBITED e' County Center Riverhead,N Y 11901 M �F. WITHOUT WRITTEN PERMISSION OF THE 8' z00 oCALE IN FEET�O 400 A 1REAL PROPERTY TAX SERVICE AGENCY. P t37 DSTPoCT lOOO PROPERTY MAP TOWN OF SOUTM D, NEW YORK i�,F. DATE. a."a7w -197$ qq� �+ ACTION OF THE ZONING BOARD OF .+APPEALS Appeal No. 7 Dated .l! 1-972 ACTION OF THE ZONING BOARD OF APPEALS'OF THE TOWN OF SOUTHOLD To V gareV X.t*ot";0g Appellant Town a0bor York at a•uneeting'of the Zoning Board of Appeals on 25# 1972 2 the appeal was,considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of.access to property ( ) Request for a•special exception under the-Zoning Ordinance (x):RdQuest,fora-variance to the Zoning Ordinance I. SPECIAL EXCEPTIow..By resolution of the Board it was determined that a special exception ,( )' be granted C. ).be deniedpursuant to Article .................... Section Subsection ................... paragraph .... 'oi;'•the'Zoning Ordinance and the decision.of -the Building Inspector ( ) be reversed. ( ) be confirmed...liecause:..,- 3; il' ('FJ«33 �'1'�f! C{�tA1lipp .'C .Elx3 a � 5 '>wt. not an I ycwko for a"vkrimov 'S t�3ri 6P#fdnce PsaOhiog new Or . " ` i h by f fix] :'ettca G lad; end «fib by 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship-because (b) The hardship created (is) (is.not) unique and (would) (would not) be shared by all properties alike.in the immediate vicinity of this property and in the same use district because .RIVE= (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) charge the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed (.: ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 �h�3ti tom Board of A,ppeais B�f'ber $.xtV'B.S`t��8i�t�.✓�3X3 �d: ,�'!8C'{Y:�ft}3 t�A Berr�d'f$nds• tY>�,t'the p x skit ft t>t sts ; � vo":Safi Cker inilevoized, lot viih. qntb&' s9Uth Side lif XrE&t1 OU Lane, Peb*61�#': 944 16*k. .._. -be findings of the 13.oard are that this Is Wia••eqQtUbI6:'diitatell"Of"P'P'vpebty Emd the toard. +3 with the reASOU ,XIS Qf tbA op�isalti. The Bid finds that strict �p��i��tiidn's�€ the �di�sstsae._ �i `p �t4ie �rtior d i`isa .i#e> cis iiri as�aesOW hardship; the h .e Qr st3e8 3s i iaigste.i cl' u�iuld t i '"bs shied br All e :� ' lik . 3n"t `i di to v.iainit o thSs' propeptr.. and $xi the ust� d'ist ietr v+ i ice cites serve tbp spirit ' the E d s t e artd is eh tge the s hanaoter of the Uatriot;, �' 'C�ki `td 'Ft +fD . I z sx°et'5; tzenber s o bw iov . Sm�xt: cF 'Neil 3L t k " tt D; rent ssio�i:tot- s aff ujd�i'si$ed lot kith os df�tl .ian pi+ ►petreter the soothe, f I q,,,d�,iara.3t843;.:3`+ TiB; Ppori3�iti�. ew ti k, as'•axiplw f©,r, ttxbj et. P.'.• L �'1 +•r'fi3iB''813j3 'd }tt'. $ihiFr 3x! 'the.3'3 Yit++►f.;iiisy`".,Oat prssetsi 3y eiia�t;bi ' ft epj.xuobti's 'om propeAr. Z ThSt the••16't*-8I%a Of 'the•'VOMod6l6d S9eond house 3ha3a U not less tbAn sq, fit,,. .. .—Tate Of'the Board: Ajeorw KesSrss Gilljoplei p Bergen,* Gvlgtintst � x h,•`i"�'n�.rn t'T�^�',',(.''�J'." _ L[ND of I JaHn P. OAUTH. ':�' �T '• "�'. •'y.o.e Dm.. � --_ ' "--"'--'-'ciD.il-""'l�_ Tes.xT ..:: 1= m: 7�,• =k::•�yc•",�: i. -......___.....__ niY n•o,o,-w� .. \AaEA.'Y3�41550. .FT xx pp I:.` �{Pt 5..�•,�Clfi: ': �:: How G� Paor•aery It .�;li A.. ,{�4.:;y.. � N t� ♦ oe w tl� � .2111f'00 Sfl.ft � - �� .-� :5. �5 t�4', _ _ Izzo. SD'fiRl1 ( _ •.J �•�}`✓�:{ •;'`•• L -•: � LAND I-; 11 '1.�. `I�'1 ":• of M(1[Y L6E WILLS ESTATE a�:1>r✓gG.r. � MAP OF LAND SURVEYED FOR _ r .<oH<,oR GtnHl�c.Me.(:::��::•`,}.. ':i'.%'^. T+I? yYer� -KATZENBERG .y.�;.•;"�� ..6llAo'eWTFEU TO MYIE��a9IDY��Bi3�'t�ip�C'F¢CEjj •. A •� � 'Spt•IN'GS.i if lPN 5!*UOGi h:.A.R� I .ti%'•�''. 1 tid .�aAY�Xi�:Kak:T6"WoeAE.•rtTr.C..6q�iHlrr: PEC ONIC . - 'GAMMNV, w1'fiJ:IW43;a -VAN ANTµ)/11i TlEl'T• �i%j;� � �� t.!'UAL .i•&k�'NeJ z4:4GIOG: � 's cwLEl so��I". .�� q ��' Tp��Y:wuo-•:}t11Fr. �Ertc' ',:e`=:,"..� pPRR'27.•1972• '. adkFYx R%re.N Y:'e�..'"•^V°�•�YJ.• 1 r OS�FFOLKCP , APPEALS BOARD MEMBERS ,Gerard_P.GoehYinger Southold Town.Hall ,Chairman y ..53095 Main Road Serge Doyen,Jr. �0 P.O.Box.1179 JamesDinizio,Jr.. il' '... d� Southoldf;NewYorlc.11971 ' Rgkiert A.'1/ilia Ul" Fax:(516) 765-1823 �* hard C.Wilton Telephone.(516):765-.1809 BOARD OF APPEALS TOWN OF SOUTHOLD _:. ACTION OF THE BOARD ;;;;;;_,'•>'DA`Z}s:OF AC ION'. November.2, 1994 APPL. #4281. APPLICANT:. KAIELEEIt1 VARANO.and Others (Richard F. Lark, Esq.): . ,�'_•:�" ;LOCATION OF.PROPERTY.: .:6600'Indian Neck Road Pbeonic, NY.. � . COUNTY:TAX-MAP b1;STRICT 4000" SECTION 86 BLOCK 7 LOT 4.x 'f<t BASIS O) APPEAL,'. Notice of Disapproval issued by.the Building.Inspector dated /27/94`.• "Areas of accessways to rear lots cannot* be included'in r `jlot areas and; ._ prbibosed lots :will have insufficient '.lot .area and building twd. elo'6 baetbacks winch .will.not ebmplP with' required setbacks for this PROVLSIOXS .APPEALED.:FROM: Article XXIII, Section 100-235B, Article • ` :DTI;. $ect}oh 400:�32 {Bti]k::Schedule) �iELIEF .1i1 [ ES'rA:`:.::" osed''Lot 1.: 75 300 s Et:'' lot area-and front ; 2 gip: q: Indian 'Neck Road and 50. feet.` from"' rivate Nar s "at.....G0':.ft. £ram:. p ,F; �+ right of-way 50 ft,;rear yard, 20 ft. side ,yard; Lot 2: 80,000 sq ft.. hl 4 tat ,area 7nCtisive of.ROW strip; setbacks at 50" front and 50 ft.. rear; I:, ,, ,, •,•.. 20::a '--�25;' Ebt:.3.:: '81;000.st1. ft. lot area inclusive..of itOW�strip, !; . r y 1 as shown: an survey:amended August 31, 1994 prepared by Roderick ! anTuyl, P C. x MOTION-MADE BY: Gerard P. Goehringer, Chairman-Member $'Y: James..Dinii1o, Jr., Member- iGTION./,RESOLUTION ADOPTED: Granted relief .requested as noted above: . Sa!md-conditidn•-as former ZBA•'resolution still applies: - — p "Iot::� 3 .,shall .be : resticted to one=family use only with no additional - s leep .;or living .gpiarters in any accessox V buildings' (except as m&V, be. wed. W160slAtive':action in amendin the current zoning- code)."• EASONS/•FINDINGS: r Property received former variance approval under ' ! al 3330 on May 2, Planning. 198$ and former Planning Board sketch approval dr' s dinar. iot sizes):with- different configuration. Character., shape, T3a row `:widtl2; and. topography of this 5.424,acre-parcel lend to..unusual. ;f. s tai�ees,.anil .need; .for.variances. No alternative is available for .: alternative access. VOTE OF THE BOARD; Ayes: Serge J. Doyen, Member ' James Dinizio, Jr., Member, •• ' { ' Richard A. Wilton, Member = Gerard P_ Goehringer;, Chaffrinfeh�be`�`r:.:,... ", i Absent: Robert'A. Villa.(out=o=' e) This resolution was. duly adopted (4-0 Y "+ 4. �.. GERARD P. GOEHRINGER, CHAIRMAN .: � ��•..INN/: oa I.w r � b" ,zrcwn2n9 Y• ?r �`b m ��. 6urNnN. � `c ��• �Nb'...-ds..� (� � � Tsui/Ain9 j � MC E'.a vElopes � � � ,.._ld B,ZpO.r.r.) -.: I i M. •'141� ��?.` __—__ _....' ....\5�� < �. .Hi4r ',la .a zs;. ea,000 s.s. -r7 ib. i-s;: '�.•�•; r� •__ ' ; �"'rj„ � 75,3no L.�e. '' ('ine;.:r•st�r,[-;, .. _�. ..I o � p��.. .. .."r—�'i•36v?�� t i Zy: i..., ...: a v. —... _ .. ... .. ._.. ` Y:T.rel,ra's—:4•/(: E NZ'4��'�?��-�309 6 ,y N.Ya'r9•t yS. i�- 7gd'�__—P.T;�i Q i 2`... ;q,2 :d•J 7LL7 ,�\torrtutbeo GNVewGy. \ of TEST NOcE \�(�. / //��I��//'/{//�J -JI(/•'` 1\ ®l.W"n.._ - ._�Y.�4vu E goo •-- " P(�0 �� I. �_)_...—.I r�• _ F.v F;vn.Pee/U. 's:n2 � � i i aw9CNOGo Nov. - � �ATNLEEN:_VAQf-�/�l0 � :.:....._.Mae:so.EO,_-i991•s�z. P.SCONlC N. .. aaz.zz,r99z. I TRX .Vo. /00.0-.86-7 -0, MAPPEP,JULY zs, :99/ F301f.0%NG '$GMG.7'l2=.:a0 SCgLG:/00'=/" b:60vtr Ick*VAN TU -4., . ...� .. ', G/LENSE•D.CFNn SU/2 JEYOKS 1 ' I o.s n9aivuM6N7' � �' EXHIBIT flr•u3F} °� �9� I j i OOf3��Fo�LnO� Southold Town Board of Appeals MAIN ROAD- .STATE ROAD 25 SOUTHOLD, L.I., H.Y. 11971 TELEPHONE(516)765-1809 ACTION OF THE ZONING'BOARD OF APPEALS Appeal No. 3455 Application Dated January 17, 1986 ' (Public Hearing March 13, 1986) T0: _[Appellant(s)I Richard F. Lark,. Esq. as Attorney for.MRS. KATHLEEN.'VARANO P.O.. Box 97.3 .. - Cutchogue, NY 11935 At a Meeting of the Zoning Board. of Appeals held on April 16, 1986 the above appeal was considered, and -the action indicated below was taken on your • [ ] Request for Variance -Due to Lack of Access to Property New York Town Law, Section 280-a [ ] -Request for.special Exception under the Zoning .Ordinance 'Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [X.] Request for Interpretation of Condition under Appeal No.' 3330 .and. Building Inspector Interpretation/Letter Dated December 2, '1985 -Application of "K.ATHLEEN 'VARANO for a Variance to the Zoning Ordi-nance . Article XI _, Section. -121.(D)[11 for a clarification and/or correction of':the interpretation of. Bui•lding Inspector, of Condition in Appeal. No.' 3330 .rend.ered by -the. Board of Appeals May 2, 1985 which allows _no sleeping or living• quarters in .the accessory garage/apartment .structure.' Location .of Property: 6600 (or 6750 Indi.an. Ne.ck Road, Peconic, 'NY; County Tax Map Parcel No. 1000-086-07- .004.. . ..... . . . . ... . .... ... . . . . . . . . . . . . . . . . . . . . WHEREAS; application under Appeal -No. 3455, a request for an interpretation clarifying or. corre.cting the interpretation of the Building Inspector dated December 2, 1985 has been .duly filed on Jan.uary 17, '1 986; and . WHEREAS, said application requests: (a) an interpretation of Condition in Zo.ning:_Board of Appeals Decision in Appeal No. 3330 • and Building Inspector's• •interpre-tation dated December_ 2,. 1985, which' states, "....That Lot #3 shall be restricted to one-family . use o.nly,,. with no additional sleeping or I.iving• , quarters• in any accessory buildings (except as may be allowed by legislative action in amending the .. current zoning code). . ."; OR, in the alternative, (b) if .the Zoning Board of Appeals decides -`Tie Building. lnspector's. interpretation is correct, then to amend the condition-contained in Appeal No. 3330 .to allow a continued use . of the preexisting two. bedrooms for sleeping facilities containe$ in the garag6japartment as an accessory u-se to the principal dwell- ing on the premises; and WHEREAS, this board deemed it appropriate that the appeal for the interpretation be considered by this board firstly and that the alternative relief await this action of this- board for the appeal of the interpretation; and DATED: May 14, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3455 - Matter of KATHLEEN VARANO Decision Rendered April 16, 1986 WHEREAS, the board members have personally viewed and are familiar with the. premises in question, as well. as the surrounding area in this Residential and Agricultural 'Zonjng District; and. WHEREAS, after due notice, a public hearing was held by the Board of Appeals. on the Interpretation.. Request (a)., supra, and concluded on March 13, 1986 at the Southold Town Hall , Main .Road, Southold, New York;.. and WHEREAS, at said hearing all those who desired to be heard .. were heard and their testimony recorded; and WHEREAS, 'all testimony hnd written documentation have been carefully considered; an.d WHEREAS, the board made the following findings of' fact: 1 . The premises in question is located in the "A-80" Resi- dential and Agricultural Zoning District; 2. Article• III, Sections 100-30 and 100-31 , Bulk Schedule, of the Zoning Code, permit one-family .detac.hed dwellings, not to exceed one dwelling .on each lot., and. does not permit sleeping or living quarters.. in an accessory structure-in this zoning district; 2. Article III, Section 100-31 , Bulk Schedule, requires a minimum of 80,000 sq. ft. for a_ lot, and a Variance was granted under Appeal No. 3330 concerning the' subject premises from the lot area requirement to allow 76.,300 sq. ft. for .Lot #3 in this pending minor subdivision proposal . 4. Existing upon the subject premises is a single-family frame house, and the 'subject accessory structure which is depicted as "garage-a.p't" on survey amended September 6, 1984; 5. In. paragraph numbered "7" of the board's decision and findings rendered May 2, 1985 under Appeal No. 3330 of which this interpretation is made, it was noted that ". . .it is the understanding of the board-t-hat the property has always been used for single-family purposes and therefore does not recognize the accessory structure as a "garage-apartment." 6. It is the position of this board that the since the use of the subject accessory building (depicted "garage/apartment") was questionable by the Board of_ Appeals during 1985 when they rendered a decision under Appeal No. 3330, the subject accessory building as an apartment or sle!W ng -quarters use may not have been legally established .and continuously used as such from prior to the enactment of zoning in 1957 up until the time of the board's decision, and therefore requires additional relief by the Board of Appeals-for consideration by formal application, public hearing, -et cetera. NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehring'er, it was RESOLVED, that it is hereby• determined that the December 2, 1985 letter of the Building Inspector is correct and that the May 2, 1985 Condition Rendered in the Decision under Appeal No. 3330 shall be interpreted as not allowing any sleeping or ti Page 3 - Appeal No. 3455. Matter-of KATH.EEEN. VARANO Decision Render.ed April •16, 1986 living quarters in any accessory building, existing or proposed. Vote of the 'Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Members Sawicki and Douglass were absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CfrAIRMAN' May 17, 1986 /O:L9 a.m_ 1. �19 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT CLAIRE & ROB RICCIO OF (Name of Applicant) MAILINGS CTM Parcel #1000-98-6-1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the �-� day of June, 2008, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. C� ignature) ETSY PE S Sworn to before me this S�day of June; 8 (Notary Public) PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16,-Zd21,O PLEASE list, on.the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RICCIO NEIGHBOR LIST SCTM: 1000-98-6-1 MILLER RES. TRUST 6400 INDIAN NECK ROAD PECONIC NY 11958 SCTM: 1000-86-7-2.2 SUE ODELL 3746 LAKE STREET HOUSTON TX 77098 SCTM: 1000-86-7-2.2 KATHLEEN VARANO 5 COLONIAL COURT E. NORTHPORT NY 11731 SCTM: 1000-86-7-4.3 j RECEIPT 7192 6463 3110 00001284 i RECEIPT RECEIPT 7192 6463 3110 0000 1291 4 I FROM: }} 7192 6463 3110 00001307 Patricia C. Moore Esq. FROM: I RE:RICCIO ZBA HEARING Patricia C. Moore Esq. i FROM: i RE:RICCIO ZBA HEARING Patricia C. Moore Esq. RE:RICCIO ZBA HEARING i SEND TO: I SEND TO: MILLER RES.TRUST SEND TO: SUE ODELL 6400 INDIAN NECK ROAD 1 1(ATHLEEN VARANO PEC PECONIC NY 11958 1 3746 LAKE STREET HOU � HOUSTON TX 77098 5 COLONIAL COURT } E.NORTHPORT NY 11731 t, I i FEES: 11 I Postage 0.42 FEES: FEES: Certified 2.70 ( Postage 0.42 042 Returryfjec i¢�I N 2.20 Certfied Fee 2.70 Postage 2.70 Re i t• Retum Receipt 2.20 Certified Fee r� f. Return R 2.20 Restrict .t $ } N Y Rest r ed� !1,9 TO Ah i IOTA 0 32 OOQ�� .€* �' TOTALv •� MARKDO�F Pp MARK Q�lDA j — ` us? j Cl L ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of IDA_ VITT CLAIRE & ROB RICCIO SIGN OSTING Regarding Posting of Sign Upon UN 2 5 Applicant's Land Identified as f-D 1000-98-6-1 BOAP_D GF- Li P. t : �S COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the�U day of June, 2008, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, June 26, 2008. P.atr-ic a C. Moore Sworn to before me this - day of June, 2008 Notary PM SMY A PERKING tid"Public,Slate of NewYa& No.01 PE w 3om QuallRed In Suffolk County ftrwr Sion Expires July *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE ESQ• 4. Restricted Delivery? 3.Service Type 3 r� � 51020 MAIN; ;ROAD 1 ? ;f (E#hiFee) i' Yes; ' ?CERTIFIED of SOUTHOLD NY' =11971!°'• ' • I 733 2. Article Number i �i 7192 6463 3110 0000 13071 r� m -I A. Sigpatur ressee r Agent) X I � n IIIIII III III N B. . IIIIIIIIIIII Delved 6 . P,e IIIIIIIIII III . �� y � III 7192 6463 3110 0000 1307 C.Date of DeliJW very.; r -6 ,� 1. Article,Addressed To: D.Addressee's Address(rlolrf rentFomaddre-od Sended K A T H L E E N V A R A N O 1 � 5 COLONIAL COURT E. NORTHPORT NY 11731 , I Secondary Address%Suite%•A'pt !Floor(Please Pr/nr Clearly) i I { _____________________ OelWery Address __•_._._.__.___•___•__•___••_.•____•. . _ ______________________________________ ___ _ Clty State Z _ 06/30/2008 11:21 FAX 631 765 4643 MOORE LAW OFFICES ZBA Q 002 USPS - Track&Confirm - Pagel of 1 �11111T�D�137�5.. POS771{'�.SRRVKE6 Home I Hola. I ftala r . �_.._..._—..—.--. _.... — ..__.. ......... .._._. __.. ___. .._. .__...i Track'&Confirm FAQs Track & Confirm f3k>1zL L-�- Search Results Label/Receipt Number:7192 6463 3110 0000 1291 --- Status:Notice Left Truck&Confirm We attempted to deliver your item at 1:38 PM on June 9,2008 in Enter Label/Receipt Number. HOUSTON,TX 77098 and a notice was left.It can be redelivered or picked up at the Post Office.If the item is unclaimed,it will be returned too?`a the sender. Information,if available,is updated every evening.Please check again later. 9irlttitftr+taf i7ataiia> (Reftim to USPS.coa Hama a A#utifiseation Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. -6�) Si e a_ 0otact ija Eorrnq 0PYLFerviaq .1pbA, P i ai cy.Po1Lcy Tgml$otM;*. National Pmmk Ay.QwAS lit Lr•ty;";�;n,�r.:. Copyright@ 1999-2007 USPS,All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 6/30/2008 06/30/2008 11:21 FAX 631 765 4643 MOORE LAW OFFICES ZBA Z 003 USPS-Track& Confirm --- Page 1 of 1 Pl�I1At7 U57 TES, OMSE VACEe Home I )iR1R I Sion In Track&Confirm FAQs Track & Confirm Search Resufts Label/Receipt Number:7192 6463 3110 00001284 Detailed Results: Track&Confrrrn ■Delivered,June 07,2008,11:42 am,PECONIC,NY 11953 Enter Label/Receipt Number. •Notice Left,June 05,2008,1:01 pm,PECONIC,NY 11958 (—,d—B k f.l�Tatum to llSP.r*crun i a i`an,i N:atification 0ptions Track&Confirm by email Get current event information or updates for your item sent to you or others by email. i Go 1 1 889MM Co 00-1U12 E(-)Mg aUVIJ&D.Im IQ45 Rdwey r*sIL,.y TLMI of l� N.;�gr�el&PreferAccpunis Copyright©1999.2007 USPS.All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 6/30/2008 06/30/2008 11:22 FAX 631 765 4643 MOORE LAW OFFICES ZBA 004 USPS -Track&Confirm Pagel of MTEOSTATES z=-5—� Track 9 Confirm EAQ-q Track & Confirm P'0-6 Search Results Label/Receipt Number.7192 6463 3110 0000 1307 Status:Delivered Track&Confirm Your item was delivered at 9:31 AM on June 6,2008 in EAST Enter Label/Receipt Number. NORTHPORT,NY 11731, Uspsrorill Rome> Natitivation Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. '41 —qiIqAV 0QnqCkVq E q-M& jp b� eo-"f'y FQII('y TRIBN 0!-U.qs RaLl Q11 aIA-P-rertAQL&mw1 4 Copyright@ 1999-2007 USPS.All Rights Reserved_ No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 6/30/2008 8 PATRICIA C. MOORIE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 June 4, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: CLAIRE & ROB RICCIO PROPERTY ADDRESS : 6212 INDIAN NECK ROAD, PECONIC SCTM: 1000-98-6-1 Dear Neighbor: I represent Claire & Rob Riccio with regard to their property located at 6212 Indian Neck Road, Peconic, New York. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for construction of a new dwelling which will be less than 75 feet from the bulkhead and a proposed swimming pool which will be in a side yard instead of code- required rear yard. The applicants are also requesting a variance under NY Town Law, Section 280-a to determine the need for base improvements and clearance within the right-of-way easement giving access to this property from Indian Neck Lane . A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, JUNE 26, 2008 AT 2 : 25 P.M. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very,t-r y yours, L-11�ri`ciaC. Moore PCM/bp encls . C: Mr. & Mrs . Rob Riccio Fred Weber, architect via fax 261-1084 i4uTltw� E Ul�- HEH :I1+It� The following application will be heard by the Southold Town Board of Appeals at Town 'Hall, 53095 Main Road, . Southold: NAME : RICC10 , R. C. #6140 MAP # mN 98=6= 1 APPEAL : Bulkhead Setback and Yard Loc . REQUEST: Dwelling-after demo , Swim . Pool DATE : THURSDAY, DUNE 26 , 2 :25 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD-TOWN OF SOUTHOLD 765= 1809 OW—ONING BOARD OF APPEALS% MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp://southtown.northfork.net May 27, 2008 Re: Town Code Chapter 55 — Public Notices for Thursday, June 26, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 5th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction -area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If. you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a 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.June 9th: Please either mail or deliver to our office your Affidavit of Mailing. (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you;:by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more)'Until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to June 26, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. 'Y� � qH�* 4�t��'. � '�'+,' ��» :t -ems, � - tii•�-`.d ,irk.. - ��•,�'ti - - i� f.. �J S .. .'Inv - :., .. . ,: _.-... - r :'.: ','. t..r. �}� l:d` fir',. _ - .. _�•. .r. 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PLANTINGS by the SEA Inc.. 5100 Cox Lane CUTCHOGUE, NEW YORK 11935-1323 Cutchogue (631) 734-6755 Phone/Fax (631) 734-5696 ROBERT & CLAIRE RICCIO P(5M 850-5096 r6 '30/2008 TO INDIAN NECK LANE PECONIC, NY 11958 TNDIAN'INECKtNLANE JOB NUMBER JOB PHONE o . r'ac Driveway Project: Men Driveway to 161, Open Canopy to 16'Height, New Driveway Surfacing, Topsoil and Seeding Pruning: Removal of Trees and Stumps (by others, Incl. labor and equipment) Grade Drive w/2" Crown Cart and Spread 185 yds. 3/4" Stone Blend and Compact jMsoil and Seeding: _7 n..:�...,.. Utdue axuea Ul Lilveway Cart 200 yds. Topsoil and Spread 4" Lime, Fertilizer and Seeding (inlc. labor and equipment) 53,100.00 Landfill Fees: Landfill Fees. (approx.) 2,850.00 ESTIMATE TOTAL $55,950.00 PLEASE NOTE: This proposal has been prepared as requested. However, I feel that to mandate the destruction of 60-80 year old Oak trees of specimen quality for the sole purpose of creating a roadway where there is already a more than adequate driveway would be a- contradiction to the policies of the Southold Town Tree Preservation Committee. F 1ftyFFi.nr4 (Thousand/Ni,nesfHundredidFdhfty-(andleU0j"- 0,dDol, 1atrse above specifications,for the sum of: 55,950.00 dollars ($ ). Deposits bweuire�ws Balance on Completion All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifica- Authorized tions involving extra costs will be executed only upon written orders, and will become an Signature ' extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado,and other necessary insurance.Our Note:This proposal may be workers are fully covered by Worker's Compensation Insurance. withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL—The above.prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance: Office Location: g11FF0I/C USPS Mailing Address: Town Annex/First Floor,North Fork Bank 'yam .e 53095-Main Road 54375 Mun Road(at Youngs Avenue) W P.O. Box.l 179 Southold,NY 11971, Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TO,(631) 765-1809 Fax (631)765-9064 , FACSIMILE TRANSMITTAL SHEET Tod From: Zoning Board of Appeals ,7 Date: (� J �� slate ®�, COMPANY.. TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S.TELEPHONE NUMBER: 765-1809(press 1-atvoice'recording) Re. REFERENCE: ❑URGENT ❑FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ NOTES/COMMENTS: Please find attached copy/copies of the following: Q Thank you. Sender's Initials: 1 V Office Location: �� C hip OGy Mailing Address: � 1 Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) ^� P.O. Box 1179 Southold,NY 11971 A p�� Southold, NY 11971-0959 41 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO:: Fax# Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: _ ❑URGENT 5"VOR YOUR UPDATE ❑ PLEASE COMMENT ❑AS REQUESTED ❑ ___________ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: _ G Office Location: �0 COGy Mailing Address: Town Annex/First Floor,North Fork Bank o ti 53095 Main Road 54375 Main Road(at Youngs Avenue)_ P.O. Box 1179 Southold, NY 11971 y �!� Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Date: TOTAL NO. OF PAGES INCLUDING COVER: A� a SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: n El URGENT FOR YOUR UPDATE ❑PLEASE COMMENT El AS REQUESTED ❑ _______ ____ NOTES/COMMENTS: Please find attached copy/copies of the following: G/ E�1e �2 Thank you. Sender's Initials: _ 6� Office Location: �0��$11FF0(�-COG Mailing Address: Town Annex/First Floor,North Fork Bank c C* 53095 Main Road 54375 Main Road(at Youngs Avenue) W P.O. Box 1179 Southold,NY 11971 y O�� Southold, NY 11971-0959 viol � �a http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Anerc/6 9616=�G� Datee:: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ❑URGENT FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ -----______ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: