Loading...
HomeMy WebLinkAbout7221 a ' ION 7ZZ� rae fOO)c lie as bru 1 t�llc�fivns-f-� an , rnu f ; 2,; OWOkd- c fi, "a C�i15�tu�S a �+'cor►-ic� t(vv�F�r,�k��ntW, 8b '�lbf , � 1►� �� �,�.Q -SA —�, ('A rn y CHECK BOXES AS COMPLETED C��) ( ) Tape this form to niitcir+o ^4:,c:'-- ( ) Pull ZBA copy ( ( ) Check file box > c a � ( ) Assign next nur o o. a outside of file fi `•° N `-° ( ) Date stamp ent 0 file number ( ) Hole punch enti •n rfi -o cn -o su � o v N (before sending � o o �: Z ( ,) Create new inde �, 2- ( ) -Print contact info c3 n ( ) Prepare transmil o ��" o Q 1 o 0 0 3 . ( ) Send original apl, �}g Q :3 r_ ; to Town Clerk o N D X _U a Q a- ( ) Note inside file ft - -------and tape to insid ------ ( ) Copy County Tax n ` neighbors and AC 3' ( ) Make 7 copies ani. ( ) Do mailing label •• N N - ,r BOARD MEMBERS ®��®F S®Ul�OI Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 .� Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes • aQ Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento yC�U +� Southold,NY 11971 http://southoldtownny.gov R������ ZONING BOARD OF APPEALS �� g ��� — TOWN OF SOUTHOLD APR 01 � Tel.(631)765-1809•Fax(631)765-9064 Sou old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 28, 2019 ZBA FILE: #7221 NAME OF APPLICANT: MMC Realty 2 Family Limited Partnership PROPERTY LOCATION: 7625 Nassau Point Road, Cutchogue NY 11935 SCTM: 1000-118-4-4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 23, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The coordinator further explains that the "as built" second dwelling unit, constructed in an accessory building without permits, is contrary to Policy 1 of LWRP standards that seek to foster a pattern of development in the Town of Southold that enhances community character and Policy 6 relating to protecting and restoring the quality and function of the Town's ecosystem since it is not known if the sanitary system to treat sanitary flow from the second dwelling unit is adequate. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming 39,325 square feet, .98 acre, rectangular lot located in the R-40 zoning district measures 100.33 feet along Nassau Point Road at an undefined curve, then runs 386.27 feet along a residentially developed lot to the north terminating at Little Peconic Bay and runs south, along a tie line along the average high water mark 100.13 to a wood jetty then turns west and runs along a residentially developed lot 400.52 back to Nassau Point Road. The site is improved with a 2-story wood frame house with attached garage, an enclosed waterside porch, two stone patios with steps,'a wood deck with wood stairs, stone retaining walls around a brick waterside patio, wood steps with multiple landings to the beach below, a retaining wall and waterside bulkhead running the width of the lot. Additionally, in front of the house is an in-ground swimming pool, frame shed, pool filter and generator, chain link fencing along with a 2-story frame garage and pool house as shown on the survey prepared by John Gallacher,Land Surveyor, dated April 23, 2018. Page 2,March 28,2019 #7221,MMC Realty 2 SCTM No. 1000-118-4-4 BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-13A and the Building Inspector's June 12, 2018, Notice of Disapproval based on an application to legalize "as built" alterations to an accessory building, on the basis that the subject structure violates the Code that prohibits more than one dwelling on each lot; the proposed construction constitutes a second dwelling unit in the accessory building; at: 7625 Nassau Point Road, (Adj.to Little Peconic Bay) Cutchogue,NY. SCTM# 1000-118-4-4. RELIEF REQUESTED: The applicant requests a reversal of the denial for a Certificate of Occupancy for an accessory structure built under Town of Southold Building permit #42121Z issued on November 6, 2017. A Notice of Disapproval was issued June 12, 2018 indicating that, "The as built alteration is not permitted pursuant to Article III, Section 280-13.A. "Permitted Uses" "(1) One-family detached dwellings, not to exceed one dwelling on each lot."The proposed construction constitutes a second dwelling unit in the accessory building. ADDITIONAL INFORMATION: No immediate neighbors or members of the public spoke in favor of or against this application which was publicly heard December 6, 2018 and adjourned and reposted for March 14, 2019. The applicant's and their attorney spoke at all public meetings relative to this file. Prior Zoning Board of Appeals relief was granted November 6, 2003 under decision #5417. The following Certificates of Occupancy are on file regarding this site: Z-24331 issued May 3, 1996, a one family dwelling Pre-existing and built prior to April 9, 1957 Z-27348 issued October 11, 2000, Accessory in-ground swimming pool with fence to code & non-habitable pool house in the front yard area as applied for. Z-30929 issued May 19, 2005 Additions &alterations to existing single family dwelling as applied for as per conditions of ZBA#5417 Members of the Zoning Board of Appeals conducted an interior inspection of the subject accessory structure November 13, 2018 consisting of a one car garage, a pool house with tile flooring and built in wet bar, stackable laundry concealed in a closet, a half bathroom with toilet and sink, two closets, a mechanical room where the hot water heater is located and a stairwell leading up to a finished storage room along with an outdoor shower, as illustrated on plans created by James J. Deerkoski,Licensed Professional Engineer and dated October 23, 2017 and revised May 10, 2018, submitted with this application. The applicant's attorney responded in writing to the LWRP comments March 1, 2019 stating that an accessory structure is consistent with the LWRP and furthermore that the structure was built with the benefit of a Town of Southold building permit and is not a second dwelling. During the March 14, 2019 public hearing the applicants stated that they would be willing to place covenants and restrictions in perpetuity on the subject pool house to insure the current use, and any future use, of the subject accessory structure would not constitute the use of the structure as a dwelling. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 14, 2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Permit#42121Z issued November 6, 2017 is for an accessory structure consisting of a one car garage, a pool house with half bathroom (toilet and sink) and a second floor"finished storage area". 2. At the public hearing the applicants testified that the structure does not contain a full kitchen, central heating or cooling; that the first floor is used as a pool house designed to service the adjacent pool for the Page 3,March 28,2019 #7221,MMC Realty 2 SCTM No. 1000-118-4-4 benefit of their family and guests; that the second floor is used as a storage area, and; that at no time will anyone be living in the accessory structure. 3. At the public hearing the applicants testified that they are both attorneys in the process of retiring and as such are required to store and maintain client files for a minimum of seven years. Furthermore,they stated that the second floor finished storage area, over the pool house and garage, was specifically designed to accommodate the storage of files in a clean and dry environment. 4. Accessory structures are permitted in the R-40 zone. 5. At the public hearing, March 14, 2019,the applicants voluntarily offered to place covenants and restrictions regarding the accessory structure in perpetuity to 1) limit the use of the second floor to `storage only' 2)turn off water and electricity to the structure from November 15 to April 15 annually, and 3)to prohibit the installation of 1 heating or air-conditioning in the subject structure. 6. Personal inspection by members of the Zoning Board of Appeals on November 13, 2018 indicated that the structure was being used consistent to zoning as a pool house with half bathroom(toilet and sink), one car garage and finished second floor storage. 7. The Town Code provides no definition of pool house and the definition of a dwelling unit does not provide a list or description of improvements or amenities that would allow a reader to easily distinguish when a pool house or other accessory structure would in fact be considered a second dwelling. 8. That based on the covenants and restrictions that the applicant has volunteered to place on the accessory structure,the Board need not attempt to interpret when or if the installation of certain improvements and/or amenities in an accessory structure would convert the structure to a dwelling as the subject structure in question would clearly not constitute a dwelling with the covenants and restrictions volunteered by the applicant in place. WHEREAS,the applicants have sufficiently proven to the Board's satisfaction that the subject structure relative to ZBA file#7221 with the covenants and restrictions volunteered by the applicant in place would not constitute a second dwelling unit on the subject premises and would be considered accessory to the principle dwelling. 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 Planamento, seconded by Chairperson Weisman, and duly carried,to NOW THEREFORE BE IT RESLOVED, That subject to the filing of covenants and restrictions with the Suffolk County Clerk's Office that are consistent with this determination as approved by the Town Attorney's Office,the Zoning Board of Appeals hereby OVERTURNS the Building Inspector's June 12, 2018,Notice of Disapproval, and be it FURTHER RESOLVED,that upon the filing of the aforementioned covenants and restrictions that the"as built" improvements will not constitute a second dwelling, and therefore the proposed action is to be determined to be CONSISTENT with LWRP policies. Page 4,March 28,2019 #7221,MMC Realty 2 SCTM No. 1000-118-4-4 SUBJECT TO THE FOLLOWING CONDITION: 1. If the aforementioned covenants and restrictions are not filed within six (6) months from the date of this determination, the determination shall be deemed null and void and the secretary of the Zoning Board of Appeals shall calendar the application for further consideration by this Board. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento, Acampora and Lehnert. 1 IW4 Leslie Kanes Weisman, Chairperson Approved for filing / /2019 . ~ ` ` � CC#; [1$23287 C����� �����`� ��� I��E N� ~~-' ^^ STATE OF NEW YORK MAY 2 l YQ19 ~ COUNTY 0pSUFFOLK �= ------------- w� m�v �� /7 �"� |. JUDITH A. PASCALE. Clerk ofthe County ofSuffolk and the Court `^ ofRecord thereof dnhereby certify that| have compared the annexed with the original DECLARATION recorded inmyoffice onOS/1772019 under Liber D08013012 and Page 509 and, that the same is a true copy thereof, and ofthe whole ofsuch original In Testimony Whereof, | have hereunto sat my hand and affixed the sea(of said County and Court thIsOSM7/2O19 . SUFFOLK COUNTY CLERK JUDITH A.mSoxLs 1111111 1111 ll11111111!l1111111111111111111111111111111 1111 1=roll 11 SEEM 1111111111111111lllllllll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/17/2019 Number of Pages ; 61 - Receipt Number : 19-0096264 LIBER: D00013012 PAGE: 509 District: Section: Block: Lot: 1000 118 . 00 04.00 004 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Eapt Page/Filing $30 .00 NO Handling ' $20.00 NO COE $5 .00 NO NYS SRCHG $15.00 NO TP-584 $0 . 00 NO Notation $0.00 NO Cert.Copies $7 .50 NO RPT $200.00 NO Fees Paid $277 .50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County . . . ` ` Number of pages 2019 mag 17 01:310-15 I'M This document will be public JUDITH A. PASCALE CLERK OF record. Plea5e remove all SUFFOLK GOUNTY Social Security Numbers L D00013012 prior to recording. P 109 Deed/Mortgage Instrument Deed Mortgage Tax Starnp Recording Filing Stamps FEES Page/Filing Fee o gage Amt. 1.Basic Tax Handling 20. 00 -'2. Additional Tax_.— Notation EA-52 17(County) SubTatal or TOT.MTGTAX EA-5217(State) Dual Town Dual County Comm of Ed. 5 00_ 'Transfer Tax Affidavit— + Mansion Tax The prooerty covered by this mortgage is CertifiedCuIiy or will be by a one or two NYS Surcharge is 00 150 family dwelling6*,11,t� Sub Total 4) YES orNO— Other If NO page tt--131,1V4-i-IttrufrietIC -3873395 Verificat (D17-MAY-1 improved Satisfactions/Discharg QRel eases List P rojrrty owners Mall]ng Address 6 Is ORD&RETURN 0: Vacant Land PATRICIA C. MOORE ESQ. 51020 MAIN ROAD TD SOUTHOLD NY 11971 TD TD Mail to:Judith A Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co,Name www suffolkcountyny,gov/clerk Title 9 8 Suffolk County Recording & Endorsement Rage This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made by: -(SPECIFY'TYPE OF INSTRUMENT) MMC REALTY 2FAMILY LIMITED The premises herein issituated in SUFFOLK omNr(,NEW YORK TO mthe TOWN urSO TOWN OF8OUTH0LD In the VILLAGE _ '-- orHAmuET ofC UTCHOGUE BOXES 6nmuemUST oEnvcoonPRI -1en/woLACK INK owwPRIOR roRECO RDI wsnxnuNG. i IMPORTANT NOTICE I i i If the document you've just recorded is your SATISFACTION OF MORTGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,`you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax Local property taxes are payable twice a year: on or before January 10h and on or before May 31s. Failure to make payments in a timely fashion could result in a penalty t Please contact your local Town Tax Receiver with any questions regarding property tax payment Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.V. 11757 Riverhead,MY.11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island'rown Receiver of Taxes One Independence Hill Shelter island Town Hall Farmingville,N.Y,11738 Shelter Island,N.Y. 11964 (631)451-9009 I (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y_ 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)702-2470 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk dw 2/99 ]]d104 WfC6kd DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 161" day of May, 2019, by Mary Ellen Cirrito, as member of the MMC Realty 2 Family Limited Partnership, c/o Clrrito, 7625 Nassau Point Road,, Cutchogue, New York hereinafter referred to as "DECLARANT(S)": WITNESSETH : WHEREAS, DECLARANT(S) is/are the owner(s) of certain real property located at 7625 Nassau Point Road, Cutchogue, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 118, Block 4 Lot 4 which is more particularly bounded and described as set forth*in Schedule "A" annexed hereto, hereinafter referred-io as the Property; WHEREAS, the DECLARANT(S) made an application to the Zoning Board of Appeals for Variances under Article XII Section 280-53, held a public hearing on this application on Thursday, March 14, 2019, at which time the Board received written and oral evidence, WHEREAS, in a decision dated March 28, 2019, based upon all testimony, documentation, personal inspection of the property and at'her .evidence, the Zoning Board of Appeals granted relief for the maintenance of a two story frame garage and pool house as an accessory building as indicated on the survey prepared by John Gallacher, Land Surveyor, dated April 23, 2018 (hereinafter referred to as the "pool house"); WHEREAS for and in consideration of the granting of said approval, the Zoning Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and restrictions be imposed on the pool house;, and said Zotning,Boaad of A pp-aals has required that the within Declaration be filed in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that same will be for the best interests of the Declarant and subsequent owners of the property. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said pool house herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributes, successors and assigns to wit: 1. The use of the second floor of the pool house shall be limited to storage only 2. The water and electricity to the pool house shall be turned off from November 15th to April 15t'' annually 3. There shall be no installation of heating nor air conditioning, except for the use of a window air conditioning unit in the pool house THE FOREGOING covenants and restrictions shall run with the land and shall be binding on the DECLARANT(S), his/her/their heirs, assign, purchasers, or successors in interest, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional, The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding upon the Declarant and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Zoning Board of Appeals of the Town of Southold or its successor, following a public hearing, IN WITNESS WHEREOF, the Declarant(s) has duly executed this Declaration the day and year first above written. MMC REALTY 2 FAMILY LIMITED PARTNERSHIP BY: Mary Ellen'Gitrito STATE OF NEW YORK ss: COUNTY OF SUFFOLK On the 16th day of May, 2019, before me the undersigned, -a Notary Public in and for said State, personally appeared Mary Ellen Cirrito, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity, and that by his/her/their signature(s) on the instrument, the individual or the persons on behalf of which the individual(s) acted, executed the insts'ur ent. / Notary P,�rb�ii BETSY A.PERKINS Notary Public,St-*tA of New York No. 01P;-'- a -' commission • I , �c4��cf•u1e /-� ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Nassau Point, In the Town of Southold, County of Suffolk and State of New York, known and designated on a certaln map filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156 entitled, "Amended Map A of Nassau Point, owned by Nassau Point Club Properties, Inc., situate in the Town of Southold, long Island, N.Y., surveyed June 2$1", 1922 by Otto W. Van Tuyl, C.E_, and Surveycr, Greenport, N.Y." as and by Lot No, 58. SAID premises above described being also designated as Lot No.58 on map entitled, "Map of proposed Subdivision Section S, Nassau Point Club Properties, Inc„ situate at Nassau Point, Suffolk County, N.Y., surveyed by Wallacd H. Halsey, C.E., Southampton, N.Y., .lune 1919 and filed In the Office of the Clerk of the County of Suffolk on October 4, 1919 as flap No, 745, being particularly bounded and desoribed as follows; BEGINNING at a point on the oastorty side of Naasau Point Radd,didtant 200 feet northerly from the comer fomned by the intersection of sold easterly side of Nassau Point Road and the northerly side of Tuthill Road, said point or place of BE.GINNiNG also being where the division line between Lots 58 and 59 on the aforementioned fled maps Intersect the easterly side of !Nassau Point Road; � RUNNING THENCE northerly along the westerly side of Nassau Point Road, North 3 degrees 06 minutes 43 seconds West 100.33 (101 feet map)to the ,division 11ne between Lots 57 and 58 on the aforementioned filed map; THENCE along the said division line North 82 degrees 00 minutes 00 seconds East 423.00 feet to Little Peconic Bay as shown on the aforesaid filed map; THENCE along Littie Peconic Bay South 6 degrees 32 minutes 22 seconds East 100.00 feet to the division line between Lets W and 59; THENCE along said last mentioned division line South 82 degrees 00 mlhutes 00 seconds West 425.00 feet to the easterly sideof Nassau Point Road attly , point or place of BEGINNING. MICHE A,L, L. CIRRITO 7625 Nassau Point Road RECEIVED Cutebogue, New York 11935 MAY 0 3 2019 Zoning Board of Appeals May 3, 2019 ZONING BOARD OF APPEALS Town of Southold 54375 Main Road Town Annex/First Floor Southold, New York 11971 Attn: Leslie Kanes Weisman, Chairperson Re: ZBA Application #17221 MMC Realty 2 Family L. P. 7625 Nassau Point Road, Cutchogue, NY SCTM No. 1000-118-4-4 Dear Ms. Kanes Weisman: As you may recall I am the general partner of the applicant as above referenced and addressed the board at its March 14, 2019 meeting. At the outset I would like to thank the Board for the grant of this variancelobjection and the diligent efforts made to ensure that the pool house subject of the variance will be used for its intended purpose. During the meeting 1 consented to various covenants and restrictions that would confirm the structures continued use as a pool house and not as a second living quarters. I offered and agreed at that meeting that the pool house would not be heated or air conditioned except for a small window a/c unit that would be put in the lower window during the ' heat of the summer. To not have the accommodation will make the use of the pool house nearly impossible during the heat of the summer as temperatures unconditioned climb to weld over 80 degrees in July and August. Under no circumstances will the structure be heated and under no circumstances will/ there be.the installation of a central heating or cooling system. I therefore request that your decision be amended to reflect at paragraph 5 thereof to s � a a- i � P f� state (3) to prohibit the installation of heating or air condition in the subject structure exc pt the placement of a window unit to cool the pool house area only during the summer months. 1 believe that the above would more appropriately reflect our agreement concerning the C & Rs. Thank you for your continued consideration of this matter. ^, ary truly you , -, WHITE, & NALLY, LLP =1 by: MICHAEL L. CIRRITC, ESQ. cc: Patricia Brown, Esq. IV 7 IV[' kxfn 'RUNTY OF SUFFOLK �. l lit RECEIVED -Fi(c,oCulpKS) � � AUG 2 8 2018 .��R�1 ZONING BOARD OF APPEALS �, Steven e SUFFOLK COUNTY TY EXECEXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment August 23, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Thorp, Cynthia #7218 Toga, Andrew&Linda #7219 Smerglia, Jane #7220 MMC Realty 2 Family Ltd. Partnership Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 OFFICE LOCATION: 0��jf SOUryol MAILING ADDRESS: I J�� j✓ Town Hall Annex h O P.O.Box 1179 54375 State Route 25 Southold,NY 11971 �1(cor.Main Rd. &Youngs Ave.) Southold,NY 11971 Q Telephone: 631765-1938 COUa LOCAL WATERFRONT REVITALIZATION PROGRAM �� TOWN OF SOUTHOLD RECEIVED MEMORANDUM NOV 216 2018 To: Leslie Weisman, Chair ZONING BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Assistant Town Planning Director ; LAW Coordinator Date November 26, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref MMC REALTY 2 FAMILY LIMITED PARTNERSHIP#7221 SCTM# 1000-118-4-4. MMC REALTY 2 FAMILY LIMITED PARTNERSHIP#7221—Request for a Variance from Article III, Section 280-13A and the Building Inspector's June 12,2018,Notice of Disapproval based on an application to legalize"as built"alterations to an accessory building, at; 1)more than the code permitted one dwelling on each lot;the proposed construction constitutes a second dwelling unit in the accessory building; at: 7625 Nassau Point Road, (Adj. to Little Peconic Bay)Cutchogue,NY. SCTM# 1000-118-4-4. The proposed action 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,the proposed action is recommended as INCONSISTENT with the below LWRP policies. Policy I 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. The as built, second dwelling unit was constructed in the accessory building without permits. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. The adequacy of the sanitary system to treat sanitary flow from the dwelling unit is unknown. 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. Cc: William Duffy,Town Attorney /-ONP16 BWA��. < A < ZONING BOARD 01. 91-500 23'-10" 1 . ......... . ........ 1_- T— ........... - —------- ----------- 5f0PAX --------------——— ............ .. .............. .............................. ....................... ...................... .......................... ----------- \Z ...... ------------ - ------ 00 ------------ - --------- ---------------------- Ln ................ ------------ -- -- -------------------- ............... ---------- > ---- ------ -7 -------------- PN CUM?RAIL-36 mrco —------- - 1z ------ . ...... ---------------------- c6i C14 5�'O�AG� 200 W/ I1.5 F1,000% T ........... ------------------ --------------- -—-------------------- ------ ------- --- co ........ -------------------- ......... ....... .............. ....... ....... ...... ----- ------------ ----------------------- --------------- . ............... ........... .............. .................. --------------— -------- ------------------- -4'-0" KM WALL 4'-0" KNFE W&� I — ———————————---———- -- ----- ...... ------------ 41 ---------------- ------ ............ .............................. ....................- —---------------------- --------- 14'-9" 12'-2" 5'-10" .................. ....................... ------------------ 33'-3* A 5�GONP FLOOP, PLAN POOF PLAN 33'-3" 91-5" 23'-10" 9'-5' 23'-8" 22'-10 I IF PFOPANE WATEP HEKf r, F MM55 FRN W&I,GOWN AT O.H. tgoop TO A.I,6w ror 5.AD HAUNCH TO 9K ON Ft2N WALL WITH KEYWAY, -ff, 5'' HAUNCH AT PIfCHQ? 41, roup\W CONC. 91m FMF W/ wl T\ N 6MME 5,A3, 5EE 55C110N, .I ti r I MESH(W,4XW4/ 4X4) OVEN6 M. VAPOP\ z j ON FULLY CoMrACTSp 501L ANC04 b PAP SLAB ON GRADE o j CAFAM nP, MP-) WH. 10 3' 4' ZN co XI 5" HAUNCH ON 12" CIA X 16" PIfcH/8, Ff. Mr FOUPIEP CONCPFfS PEP15. ib 7 2) 9 f6A L ———— ————---———————————-C-4 @ STAY?LANCING LIP co ,�- I I K) ------ -- --———— -------- I I " 7.21, IF I\CA. � I I- co -I T 7-6 7-0 7#-600 100 c" 5fM 5TP UP FFOM 6EAM TO FIN15H�19 F00P,8 MAX r\155 LIN. N o F FOOL NOUS --jo SLAB ON GRADE C14 ouivoop\ 1z W/ C14 5HOWEP\ ab U05 � II POW'Mr, P'oom F Ni9t2 FOOL HOU5E To Pmup& fi;-F II 0 (A5 5EL5CTE[?) OVEP,�'' POUMt?CONC, I L 77 r 14 5LAt3 MINF W1 WRW5H(W4XW4 ,/ 'M OVEN 6 MIL.VAPOF MPIEP\ON FULLY 6#-7" 22'-9 1/2" COMPACTSp 501:L ANP CME�� DV(TY-1.) 33'-1" —2--1 1/2- 33'-3" FINAL MAP REVIEWED BY ZBA STEP UF FPOM PAf1O 8 MAX r\15�F\ A SEIE DECISION # 7U < PA'nO .1 CD DATED ,-� Q'S C FOUNPA10N P�AN 6FOUNP FLOOD, PIAN 5fM PATIO(A5 cf L,ECTW) F NE DE "a. Lu rp,\OP05�r POOL HOU5� .4 Al 5c1'm# 1000-118-4-4 E s NP SCA,. : A5 NO FT PM: 10,25.17 PACZ 1/ 2 APMNPUM: 05.I0J8 V for rpIP P MAX. 22'-0'' NANPpAIL MA i?►AL5 TO _....._... R MATCH EXI511NG TOP I I MAX,2 20 COLLA21t5 @16" O.C,(TYPJ `� f" • ---------------- --------------------- -------- .1 Top or pIPG� 1 r+' _ 12 12 MAX, 22'-0'' 12 a LNG will [T PL, 8 __---------- : [71 A F-58 POOP(TYp) I� - - 1L j l OOt?C IN T ..._ _ f:L 18 2 1. G I I I _I , — , � �IN15N�n : T I �.. i-� i : 1 , sol=Flr ov!:p�-LANG nlsrANc�(s) ; tt. r'I- : 1 I I _T -...._,_ -- .. -._._ 11; ANP TP1M rTAILs ro MArcN 1� ! � 51"0�� :ff FLOOP 10'-0 ' I. 04 i i i t !L PXI511NG I?�SIP�NCP,VI�, r SPCONP 00 i. Jll 1 1.[.-,;. g, l_,.l ) ii � ..--`i—�'-Y-�—! i!i. i_ PIC?5T pL00t?CPILING ra 00 �� 11 . , 1 0 I I .. - Sf:CONP PLOOt?10 -0 ,t ; „ - i. kk 1. : -i :�...-- P\-19 @PXT,WALS(11p')SPCONP 'LOOp 10 - 1 (J 1 1 , : , �I .�L , ..1. ' ' ......_..:.1 ...:.._:...,..�_:_....._._ � _ I- FII?Sr�LOOf?CPILING i. . .1....t.... �. ... -- — — -- — — — -- _ — -- i N \ xCo r _�...............,_.u...,.... a-,._....... .. . . , '—,'^ 2x6 X , ALLS : 1 - \ 1_. _.��_.., ,...... s , T ... . .......... 1 .1 .., .1_,. .... _.. , ,, i , - '. :.- ,.-.' ,.T...� k ` T i - . v a� 1.. 1 , ° , C� x LLJ n 1, .I. I 1 _. ` , --- it 1 1 I I i : ! ' , 1 11. PIt?STFLOOI? : -- AV�t?AGP 64WA 0'-011 1.._, -- ------- �!..� � PII'ST pL0 1 ! ! : N '_ t.y 11 1. I 1 j 1' VPP.A2 G�A1�,�0' 011 f�� f�- - , yy 1 C' ,,.._-,-._. ..,.__....:_.... _......;._...... ._. a,1...... .!. Firl5f F1,00r, .;,• �": .1�,.-(1 1. �' _ _ _ 04 AVF-i'AG� 6WE 0'-011 5�CTION A a - III 6 1-OII ' 4 2X8 CPILING J015-5 @I6" OC(TV.) #4 NO51%CAP.TYP @ E-58 @ p00P(TT.) PPIZIM!: p or SLAB 4" POUI?PP CONC, 5,A13 I?�INI%W/ Wlp� M SN(W4XW4/ 4X-}) OV�p 6 MIL,VAPOr for f?iP ' 12 MAX,2 1 VP\IV,ON PULLY COMPAM12 5011,ANP 2'-o" 2X6 P/T SILL OV�I?511.1. ��;� 111 ;>s 6RAVPL a�P.(TYR) S�AL�1?WITH X 12'' ANCHOp 130LT5(P3611 OC W/MIN 811SMG W� Nr, SPCONP p1, O?OILING R R -211 - i 51'0 rNAZ 4111 4" MAX. TYP. - ;— PIN 5LAI3 To POUNPA110N W/ #5 PPN •.: PL OOP 5C3FLOOp--: r : - I!:: POWPLS,2� O.C,N0?Z,W/ MIN�II-. N GUP P NA519 TO TI o0 _ ! �MgPMENTFACNWAY(TYP,) 1-71 s-_j=i —! J015T5, TYp,) K-19 @ EXT,wALI s(TYP,) , i r.. �; 1 rjllii 2 12 - - -- -- ;jj'_�j FLOOD IO'-011 _-_ -- -: �.: '=if =�' SFCONP _.: �L,9 0 11 A5rH&f 5NINGLP i:OOFING A5 , _ 1 4 2 - -- pFp OWNFI?5 5ELFC110N, ICF 6 EXT WAL , WAVI SHIELD FpOM i op PDGF ; : : ,.: . . 1 f _ i.`-� — . ._,.,.,..�._,.. x. t . 12 TO 3' IN TOM FXT,WALL TYP, ' 1; i r ! _ _ 7 L 1/LII 11 O R a' , , _._. f.. a...�_ _' ..1,._..i.... ,a<�T•. ' ! f'001. NOUS �'J °' , 1 >r "f 1 1 I,. l t i co ,._..........__ ..,. . - , ALL TIM TO MATCH FXI511N6 f Ll , , PF51MNCF IN KF ANP KIND VIS 1 „ 1 ! i �i ( -.�' _' •kms 1 , , : 1 , i. 1. : i TO GAPAG P 91m f M __... i. , , 1 ' , µ ' �`�'^� 0'-o" id •' "Ik;.(K - _�� , 7.7-77 —rte---• 'o:- 3r:-'T . „�. „ CPPAP.51PING PAINTED TO 1 : i , i L. ,.... EXISTING t51PPNCF I - MATCH .- ..._.._ . a� r.jit .f-' r ; l , ! S y , , — •' t i. r , l.1 ......... 1 i At?CLAP OUTPOOt; A.;X I6" IPP - 1 r; n " 8 HAUNCH ON 12 PI POI.IMP C : ...... .....:..... .......... .:.:... .. .. .. ,:: ,. .. : : CONCE PI3, 5FE PL/AN F01:PERPERSPACING, „ , I *CD r.. I c f� ; 1 ! i..1,.... ..i. .. .. _ .-.. L(' " . , �T- " : - .... _ : t, fFINAL MAP : - , , , ; REVIEWED BY ZBA 50U11�1 �yArION r-s" SEE DECISION #`� I 5 DATED pF NEIV 1. DEI. '0� ;:171 t w, PFOP05�p POOL HOU5� A0s,�A5C1"M# 1000-118-4-4 5CU: A5 N01�12 12M: 10,23,17 PAGE 2/ 2 APPMUM; 05;10,18 23'-10" 9'-5" 23'-10" 5'-4" 12'-2" 5'-4" 22'-10" 0 0 I I ------------------ - -- -- ------ �'-0"KIv�E WALT. .------ ----------._ " 4'-0„ate . \ I 1 /j N 12 12 MAX 22-o � I I GA12A� (�— r n \ I I 3_4 —— — ———— — —— SECOND FLOOR CEILING co L — — -- - -------- N -----I f -- -� s 12 0 -— ---- N PN cm RAIt.-mil ACSar- � I �, ao . ..... . ..... .. -- 51'O�AG� - - N co a N 0oI ...........:........:.... ........................... .............. .......{ . °° .................._...................... ..... .._.1.. pi .. ...... .. .. ........ ... ..... ... ............. ............................. ..................._. r- GAS FI�I'i-fes INSEtzf .............I ......................................_.............._.�..,................................,............_.._..........................................:..............................._.........L..........._...�........... _... . _......... ......... .........._............_.........._...................,......................_.........-......._..._.. „_......._..,... ........_... ......._.... ...._..................... ...._.......... co J- SECOND FLOUR W-0m s _......:.._ ..........:.. ......... ......... FlRST FLOORCEILING PDX HQU% 4'-0"M VU4'-0"K►vt WALL 0 I pOWt p ROOM CLOS, i ........ I s 0 0 � O I 00 -- __- Li 1 6'_7" 22'-9 1/2"LL I .. .... 14'-9" 12'-2" 5'-10" I! —__— — _._._.,_.,___.___.� ILLFIRST FLOOR 33'-3" 2'-1 1/?" 33'-3"----- -- ---- - C-4 EL. 1'-0" IL N" UNIONAVERAGE GRADE 0-0 %CM FLOOR PIAN GkOUNn FLOR FLAN pA11O o i I �-- ------------------------------ ---- ---------------------------------------- 24'-0" TOP OF RIDGE MAX. 22'-O" IZ 12 SECOND FLOOR CEILING / ------------------- --- --------------------- -------- NY EL. 18'-612 -- -------- co 0 LEI ......... ........... SECOND FLOOR 12 : ,I : s I ... .. _ FIRST FLOOR CEILING -- --- ----------— ----- ------- —---- -- —— —————— —— — -- -- ------ ---- -- -".. _.............................................- ...-._...................:..,...-...... .......... EL. 9'-0" r ............. . . - - - -__- .... ..... ................ ......:... ......... ................ �t -_ __. - - -I 1 EEI iio -------I I I - -__-- - _i ' co Fi � � ---- -- -------- --- ---------_ FIRST FLOOR - - A 1/ERAGE GRADE 0'-0" �W �I.MION 5OUTH UVA110N Vw5f �LWA110N FINAL MAP REVIEWED BY ZBA SEE DECISION # _ WOP05N2 POa HOU5� DATED / 5CTM# 1000-118-4-4 SCU: A5 NOT12 PAZ: 10.06.11 I , , SURVEY OF LOT # 58 SITUATE 1 �/I NOTES: LOT COVERAGE. NASSAU POINT RECEIVED * BUILDING ZONING DISTRICT:R-40. * HOUSE, ENC PORCH, DECK, O/SHOWERS, TOWN OF SUFFOLK COUNTY,THOLD NEW YORK AUG ® � 2Q�$ LANDING, PLATFORM, POOL, SHED, GARAGE/POOL HSE, * ELEVATIONS ARE REFERENCED TO NAVD 1988. = 4,100 SQ FT. AMENDED MAP A OF NASSAU POINT i ==> 4,100 SQ FT x 100% = 10 4% FILED:AUGUST 16,1922 0 30 ' Z®NIIVG BOARD OF APPEALS * FEMA FLOOD ZONE INFORMATION WAS 39,325 SQ FT. AS MAP#156 TAKEN FROM FIRM MAP#36103CO502H REVISION DATE SEPTEMBER 25,2009. SEPTIC SYSTEM LOCATION SCTM # 1000 - 118 -4 -4 * WATER LINES, SEPTIC SYSTEMS, &DRYWELL ARE (GARAGE/POOL HOUSE) AREA= 39,325 Sq.ft. (to tie lines) AS PER BUILDER/INSTALLER. A B , 0.90 Acres. * S.C.H.D.REF#:R10- 17-0026. S.T. 36.5' 14.5 ' ■ =concrete monument found L.P. 1 50.5 ' 27 ' L.P. 2 6543' LOT#57 o N 8200'00" E 386.27' overhead utility wires ulpcle u/ole a C. - ;0 3's overhead ubllty wires Ij unjt, 1 2's k 11 pht rad fence water 6ne-- -_-- _-- - _-_-- —--- ---_--------- 0 5 s - -_ —__— _ ; N •--I t>� ---- -- -- _ - i m wai- --- -------------------- - 1* meter ----- ' lattice m bock j walk k m w stone driveway fence ard T_ W y patio I m \ N _. a 0 X ------------- - well -- �d� � I o a Z N 0'w(not In use) - 295.4' d� �P��� wood ��J - a 0 L.P-2 (house) m� W chain link fence frame o %aYn Oprecast \ site s m� _� m 1-4 ` shed ,,, /in concrete mm wood wood 8'0 x 6'deep 1,000 gallon`. m 1�` 1S 2' O9ene�ire leaching oktside wood steps GJI �I N leaching pool septic tank �. p ado pool sower 9 -n wood I m C belgian (n waterserv) OF�\oo/ Ff deck 13- 0K steps = tin pI 222.4' apron ----I-block 'a�ncae O to house 21.0' stens « = N Q-n 0 8'Ox6'deep B or tie precast m stone mo 1 IZl H Z leaching pool m 24 0' A- - I �1 concrete m steps fD O rn W _ septic lank p o m m I O p I i s 2' 51'+/- � v N sb� _ o.s' > O tp o O + !o a a,n� slate / A IIOm patio i I m �� concrete r �' ^m I mm m �tV m m rwood �' l °� Opatio m o, m m o �libD y o n w 0 0 `-J b lT ----------- I ym m oo I �° mT >i x m C i ' precast 149' o :ZK --I fll 200' I �, Septic tank N II N . patio I 5 :rr.20 C m �..� ? s ep outside _ - - - lo' O 20' Z shower ` 1 to house N 10 0' ,o :r"o rAa VJ 0 fTl m�' V 0to 81 dry W g :board m o \� o 4'nj ry 0 a' wood lefty 1 8'w 0 3' chain link fence 4.5' 4.5' 0 8'n, chain link fence metal fencePv pv on Ime 0 4's retaining walk 0 9'n 1 6 n S 82000'00" W 1 5's wall ,+V 400.52' N - - O O LOT 59 Orr Ne TUTHILL ROAD >� 9 (itRWATER LANE) A �O x.uNOpflEG�g��,�pgMxTO THLs GURYEY 05W84J CA W Es OF�TYS 96tvET A4P xOT°EMwG,xE Ulm SvxYEYOFS w,�Ep sFJl Oft ENB OSg'O SEN.suLL xoT 0E Ob�SPEFEG TO BE •V.Lro fAVY GUNiAMEES OP GRMtAIIGN510uTE0�HEOu SHALL Nux oxLYT011¢PFHSOHFOx VMOYME SUNYEYISFNEPMED Nm ON Hi56EHAlF TO THETOLE CAfFNR GOVExNNENfN-.GExCY `AND TXE LmExdNO LYSfIRpal glM,�N1FE5IXt OER°FiCAIOxSNiE o� SEx�eLE TO NIILroNN-NSTxuOp15 ON Su65E W ENY rnPm URIIFs uro FOIE LOCiUlOxS NiE NOT xODoOxE"GE"E ms" NVNOE N—i9JOHN GALLACHER E V iOEM ON THE PRENi5E5 Ai 1xE loeE aF T1Q:s1RYEY ME�F�T lmES NiE FOx�6PE61C RwPP Nm USE THEFEFORE.sE� - LAND SURVEYOR " "°'°T°G°'GE EFREGNGNGF Ex�NE.m°wN s 59 FLORENCE DRIVE FINAL SURVEY: APRIL 23 2018 °"� E°GE.nFc.�x�4.GE�ro�EbnEx�Ga MANORVILLE N.Y. 11949 EF.g++ExTs on xwHrsoF-w.YeFFELmmGTws r mGFExTY TxE LGUOOx=OFE.sE,�N,sGxroGx,E.GFw.Y�F SURVEYED: NOVEMBER 30 2016 xEGOHO.aESHrnYx�EGxwLYSGOgE56MEmsOiuNExfG , (631)-874-0400 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. RECEIVED NOTICE OF DISAPPROVAL rr DATE: June AU 029AG18 TO: MMC Rty 2 Fam Ltd Partnership BONING BOARD OF APPEALS 7625 Nassau Point Road Cutchogue,NY 11935 Please take notice that your amendment dated June 8, 2018 To legalize as built alterations to an accessory building being constructed under permit#42121Z at Location of property 7625 Nassau Point Road, Cutchogue,NY County Tax Map No. 1000—Section 118 Block 4 Lot 4 Is returned herewith and disapproved on the following grounds: The as built amendment is not permitted pursuant to Article III, Section 280-13.A., "Permitted Uses." "(1)One-family detached dwellings, not to exceed one dwelling on each lot." The proposed construction constitutes a second dwelling unit in the accessory building_ Authorized Signatur Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc:File, ZBA Q RECEIVD E APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS'U� 0 3 Z018 ee•$ Filed By Date Assigned/Assignment No. APPEALS ffice Notes• ONE House No. 7625 Street Nassau Point Road Hamlet_Cutchogue_ SCTM 1000 Section_118_Block_4_Lot(s)_4_Lot Size 39,325 Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 6/12/18 BASED ON MAP DATED Building Alterations to accessory building under permit#42121Z Applicant(s)/Owner(s): MMC REALTY2 FAMILY LIMITED PARTNERSHIP Mailing Address: 7625 Nassau Point Road,Cutchogue,NY 11935 Telephone:_718-361=9888_Fax-#:--c/o-631-765-4643_Email:—pcmoore@mooreattys.com T 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(X )Owner,or ( )Other: Agent's Address: 51020 Main Road Southold NY 11971 Telephone 631-765-4330 Fax#: 631-765-4643 Email: vemoore@mooreattys.com mooreattys.com Please check box to specify who YOU Wsh correspondence to be n:aflerl to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED (plans dated 10/23/17 amended 5/10/18 and DENIED AN APPLICATION DATED_6/12/18 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 III Section 280-13_Subsection_A Pool House improvements deemed"single family dwelling" Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article` Section •Reversal or Other IZL_ A prior appeal,:has,has not been made at any time with respect to this Droperty,UNDER Appeal No. .2 Zai 5417 Year 11/6/03 (Setback from bulkhead). (Please be sure to researchbefore completing this question or call our office for assistance.) RECEIVED Name of Owner: MMC Realty 2 Family Limited Partnership ZBA File it AUG 3 a`y REASONS FOR APPEAL(additional sheets may be used with preparer's signature): NING BOARD OF APPEALS 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 pool house is constructed under Building Permit #42121Z, when the owner completed the finishes to the pool house the response from the building inspector was "this is too nice". The applicant was able to purchase ceramic tile at a very good price and with sufficient quantity that it was installed on the first floor of the pool house and the second floor storage area. The pool house is also a one bay garage. The second floor is only storage but the owner added the extra porcelain tile in his possession since the space has no central heat or central air conditioning. Any other material would not withstand the temperature fluctuations and humidity. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant tc pursue, other than an-area variance, because:--The plans show_a pool house and garage. The second floor is storage. The owner is retiring and he must store his old files for 7 years to comply with the law. The second floor is designed,built and used as storage. (3) The amount of relief requested is not substantial because: The structure was built with a legal building permit and no relief is required. The building department "deemed" that the pool house "might be"used as a single family dwelling therefore they required the variance. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There will be no impact on the physical or environmental conditions in the neighborhood or district, the structure was built in accordance with the building plans. (5) Has the alleged difficulty been self-created? ( )Yes, or (X )No. The owner applied for a pool house and garage with storage above. Adding finishes to the storage area does not change the use. The law is clear that a building permit cannot be withheld because of concern that the proposed building will be used illegally. In Matter of Baskin v.Zoning Board of Appeals of Town of Ramapo 40 N.Y.2d 942,the Court of Appeals of the State of New York adopting the dissenting opinion in the appellate division case from which the court heard the appeal stated that "the existence of a mere opportunity for future evasion or violation of law does not raise a presumption that such violation in fact actually presently exists." In Assn.of Friends of Sagaponack v Zoning Bd.of Appeals of the Town of Southampton, 287 AD2d 620, 621 [2d Dept 20011 the court rejected the petitioners' speculative claims that a residence was destined for use other than as a single family residence,as the standard "is not designed or potential use, but actual use" (citing Matter of Baskin v. Zoning Bd. of Appeals of Town of Ramapo, 48 A.D.2d 667, 669, 367 N.Y.S.2d 829). There is no legal basis to withhold the issuance of a building permit based upon mere speculation of a possible future illegal use of a building. In the application before this Board, the building department has already issued the building permit for the pool house,garage and storage. Are there Covenants and Restrictions concerning this land: E No. 0 Yes(please furnish copy). -77 RECEIVED This is the MINIMUM that is necessary and adequate, and at the same time preserve ankRof�C3 character of the neighborhood and the health,safety,and welfare of the community. ZONING B0q�p PPEALS Check this box( ) IFA USE VARIANCE IS BEING REQUESTS D PLEASE COMPLETS7E� ATTACHED USE VARIANCE SHEET: (Please be sure to rsnit o attorney.) Sjgnature of Appellant or Authorized Agent (Agent must submit written Authorization 'from Owner) Sr hbe6re e this day ,: i tart' ublic BETSY A. PERKINS Notary Public, State of New York No. 61 PE613C636 06a1'ied-In S!ffoll<('oun �`�j - - E-. 7`�"" Commission ��pires July 18, TOWN OF SOUTHOLD s,tYo��FFacx�;M�. BUILDING DEPARTMENT o TOWN CLERK'S OFFICE oRECEIVED SOUTHOLD, NY AUG 032 "I8 BUILDING PERMIT ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED'PLANS AND SPECIFICATIONS_, UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 42121 Date: 11/6/2017 Permission is hereby granted to: MMC Rty 2 Fam Ltd Ptnrshp _ 135 Meadbrook Rd Garden City, NY 11530 _ To: construction of an accessory,garage/poolhouse as applied for per SCHD approval. At premises located at: 7625 Nassau Point Rd, Cutchogue SCTM #473889 Sec/Block/Lot# 118.-4-4 Pursuant to application dated 10/27/2017_ and approved by the Building Inspector. To expire on . _ 5/8/2019. Fees: ACCESSORY $402.40 CO-ACCESSORY BUILDING $50:00 Total: $452.40 Bui tln` n'spector ti �pF.so A� yDC� I TZA Town Hall Annex ^! _ Telephone(631)765-1802 54375 Main Road Rcll)765-9502 P.O:Box 1179 G Southold,NY 11971-0959 �p�, ��� , AUG 0 3 2018 ZONING BOARD OF APPEALS BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER TO: MMC Realty-2 Fam Ltd. Ptnrship 135 Meadbrook Road Garden City, New York 11530 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: .,7.625'"Nassau`Point:Road','!Cutchbgue', New York S.C.T.M. 1000-118-4-4 Pursuant to Section_144-8 of the Code of the Town of Southold, New York, you ,are notified to immediately suspend all work and activities until this order has been,rescinded. BASIS OF STOP WORK ORDER: Workinp'66Vond scope 6f'60'042124, issued 1'1/6/2017 CONDITIONS UNDER WHICH WORK MAY BE RESUMED:: When the Zoning'Board of Appeals and the Building Dept have granted'approvals:.for all,,changes'. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: 3 18 'h - Beni`r,Bi Idin sp`cfor,' Ma I APPLICANT'S PROJECT DESCRIPTION R (For ZBA Reference) RECEIVED Applicant: � f�'r �G �! ate Prepared: `" I. For Demolition of Existing Building Areas ZONING BOARD OF APPEALS Please describe areas being removed: _ Ln,-e- Il. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ` , — Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to}op of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: -------- - - - - c--- - - - - Cz -- -- - - --- !SS(ho� S 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: L� (2 (� S , Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New.Construction:IV 01 1 Z / e� VI. Please describe the land contours(flat,slope%,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): /d s � 2 Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 V QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION AUG 0 3 NIS A. Is the subject premises listed on the real estate market for sale? Yes _)C__No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? _)C—No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? ac ,_�t ,, 'e 2.)Are those areas shown on the survey submitted with this application? GS I/ 3.)Is the prope bulk headed between the wetlands area and the upland building area?_ Y eGz 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? A10 Please confirm status of your inquiry or application with the Trustees: Aid dF i`t/1'i5d(C&eU'7 and if issued,please attach copies of permit with conditions and approved survey. - - - ---- - - -D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? M02 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? 44V Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? fl If yes,please submit a copy of your building permit and survey as approved by the Building` Department and please describe: ��J/7 � � /f;��o j0or 2 J) G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? 41 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Ilod-ce. 'Or9(9 e"y5c and the proposed use e - (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall AUG ® 3 2651$ Southold, N.Y. ZONING BOARD OF APPEALS PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-24331 Date MAY 3, 1996 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 7625 NASSAU POINT ROAD CUTCHOGUE NY House No. Street Hamlet county Tax Map No. 1000 Section 118 Block 4 Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: I APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-24331 dated MAY 3, 1996 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is A ONE FAMILY DWELLING* The certificate is issued to ALICE QUINN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACEIED INSPECTION REPORT. //BuAding Inspector Rev. 1/81 BUILDING DEPARTMENT TOWN OF SOUTk10LD HOUSING CODE INSPECTION REPORT LOCATION: 7625 NASSAU POINT ROAD CUTCHOGUE _REC`3��q�� ED number 6 street municipality SUBDIVISION MAP N0. LOT(s) AUG 0 1 ?Cq NAME OF OWNER (s) QUINN, ALICE OCCUPANCY A-1 RES. OAR ZONING BOARD OF APPEALS type owner-tenant ADMITTED BY: TOM UHLINGER ACCOMPANIED BY: SANE KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-118-4-4 SOURCE OF REQUEST: ABIGAIL WICKHAM DATE: 4/19/96 DWELLING: TYPE OF CONSTRUCTION WOOD FRAME # STORIES I i E%ITS 4 FOUNDATION CEMENT BLOCK CELLAR PARTIAL CRAWL SPACE PARTIAL TOTAL ROOMS: IST FLR_ 7 2ND FLR. 3RD FLR. BATHROOM (s) 3 FULL BATHS TOILET ROOM (s) UTILITY ROOM WASHER h DRYER PORCH TYPE DECK, TYPE PATIO RAISED FRONT PATIO BREEZEWAY FIREPLACE ONE GARAGE I CAR UNDER DWELLING DOMESTIC HOTWATER YES TYPE HEATER OIL AIRCONDITIONING TYPE BEAT OIL WARM AIR YES HOTWATER OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. STORAGE, TYPE CONST. SWIMMING POOL GUEST, TYPE CONST_ OTHER: ------------------------------------------------------------ VIOLATIONS: CHAPTER 45 N-Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: INSPECTED BY ` DATE OF INSPECTION 4/25/96 GAR/j. F 11 TINE START 10:00 AM END 10:15 AN FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT' Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. AUG 0 3 2618 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No: Z-27348 Date: 10/11/00 THIS CERTIFIES that the building ACCESSORY Location of Property: 7625 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 118 Block 4 Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 9, 1999 pursuant to which Building Permit No. 25869-Z dated JULY 13, 1999 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE & NON-HABITABLE POOL HOUSE IN THE FRONT YARD AREA AS APPLIED FOR. The certificate is issued to MICHAEL & MARY ELLEN CIRRITO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF EEALTH .APPROVAL N/A ELECTRICAL CERTIFICATE NO. 32527 10/27/99 PLUMBERS CERTIFICATION DATED N/A utho ized Signature Rev. 1/81 / r FORM N0. 4 'J , 1Z�1 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector AUG ® 3 2618 Town Ball Southold, N.Y. BONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-30929 Date: 05/19/05 THIS CERTIFIES that the building ADDITIONS AND ALTERATION Location of Property: 7625 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 118 Block 4 Lot 4 Subdivision Filed Map No. Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 10, 2003 pursuant to which Building Permit No. 29944-Z dated DECEMBER 12, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITIONS & ALTERATIONS TO EXISTING_ SINGLE FAMILY DWELLING AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5417 DATED 11/6/03. The certificate i.s ,issued to MICHAEL & MARYELLEN CIRRITO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 86796C 09/29/04 -PLUMBERS CERTIFICATION DATED 01/04/0 GEORGE SCHOENWAELDER JR AutTiorized Signature Rev. 1/81 - , APPEALS BOARD MEMBERS �� Gy Southold Town Hall 53095 Main Road Gerard P.Goehringer y Lydia A.Tortora P.O.Box 1179 George Homing �,f, �'� Southold,New York 11971-0959 Ruth D.Oliva +Chairwoman '�p� �a0 ZBA Fax(631)765-9064 Vincent Orlando Telephone(MWP809 http://southo�dvnn.noor2hf1 rrk.net BOARD OF APPEALS 412z-1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS I $ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6, 2003 ZBA 5417- Michael and Mary Ellen Cirrito Property Location: 7625 Nassau Point Road, Cutchogue; 118-4-4. 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 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 40,098 sq. ft. parcel is shown as Lot 58 on the amended Map A of Nassau Point filed August 16, 1922 in the Suffolk County Clerk's Office. The property has 100.33 feet along the easterly side of Nassau Point Road and is, improved with a one-story frame dwelling, an accessory pool house and swimming pool, as shown on the May 9, 2003 survey prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's July 15, 2003 Notice of Disapproval, citing Section 100-242A(ref. 100-244B) and 100-239.46 in its denial of a building permit to construct an proposed additions/alterations at less than a single side yard of 10 feet and less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of'Appeals held a public hearing on this application on October 23, 2003, 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: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct proposed porch with steps, proposed V and 2"d floor addition, proposed 2"d floor addition over existing V floor, and alterations to the existing dwelling as shown on the detailed site plan prepared June 25, 2003 by Robert I. Brown, R.A. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant indicated that they desire to reconstruct a second-story over the northerly half of their home in the same setback area without increasing the existing setbacks of the footprint. As Page 2—November 6,2003 ZBA 5417—Michael and Mary Ellen Cirrito 118-4-4 at Cutchogue RECEIVED AUG 0 3 2018 ZONING BOARD OF APPEALS indicated,the dwelling has nonconforming setbacks in the southerly side yard at 4'5"feet and in the rear, waterside at 58.4 feet, at its closest points to the property lines. The setback to the bulkhead for the new construction will be 50+- feet from the bulkhead, which is an increase in nonconformity when compared to the.38 ft. setback of the one- story portion of the house in its present location. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The home was built with nonconforming setbacks, and the new dwelling construction will encompass the northerly half of the existing footprint area which will substantially meet the code -on-a-single-side-yard;-and-utilizes-the footprint-which-contains-tha-greatest- -- - -- distance from the bulkhead in its present location. 3. Although the variance granted is the minimum necessary, the difficulty was self- created when the addition was planned after the home was built in its present location without conforming to the current Town Code requirements. 4. No evidence has been submitted to indicate concerns or objections in the area, or that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 5. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Orlando, and duly carried,to GRANT the variance as applied for, as shown on the June 25, 2003 by Robert I. Brown, R.A. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman) Goehringer, Tortora, and Orlando (Vice Chairman). Absent Member Horning. This Resolution was duly adopted (4-0). �) Ruth D. Oliva, Chairwoman 11//x/03 Approved for Filing AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD.O"F APPEALS TOWN OF SOUTHOLD AUG 0"3 2618 ZONING BOARD OF APPEALS WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit,site plan approval, use variance, or subdivision approval on property within an agricultural district OR within S'00 ftet of a farm operation located in agricultural district.All applications requiring an agricultural data statement must be referred to the Suffolk"County Department of Plann" 'in accordance with Sections 239- m acid 239-n-ofthe General Municipal Law. 1)Name of Applicant: In ft1 2)Address of Applicant: 5+ bj •3)Name of Land Owner(if other than applicant) -57 A-4 4)Address of Land Owner: ' 5)Description of Proposed Project:_�� jf'�/�� � 6)Location of Property(road and.tax map number} — t - — 7)Is_the parcel within ari_agricuitural district?_ o_El es-If yes,-Agricultural District-Number --.- -- -- ---- - - 8)Is this parcel actively farmed?�No ❑Yes 9) Name and address of any owner(s) 'of land within the agricultural district containing active farm[ operation(s)'iocated 500 feet of the boundary of the proposed project. (Information may be.available through the Town Assessors,Office, Town Hall location (765-1937) or from any public computer at the Towh Hall locations by viewing the parcel numbers on the-Town of Southold Real Property Tax System. Name and Address 2. 3. 4. 5 6. (Please iike back side of'page if more than six property owners are identified.) The lot number be obtained,in advance,when requested from either the Office of the Planning Board at 765-1938 the Zo g Board of Appeals at 765-1809. Signature of Applicant Date Note: . 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action .on their farm operation.Solicitation will.be made by supplying a copy of this statement.. 2.Comments returned to the local board'will be taken into consideration-as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board t6 the property owners identified above.The cost for mailing shall be paid by the applicant at the time.the application is submitted for review.Failure to pay at such time means the application is not complete and cann6t be acted upon by the board.• 1-14-09 6zZ20 Appendix B Short Environmental Assessment Form RECEIVED Instructions for Completing AUG ® 3 2G18 Part 1-Project Information. The applicant or project sponsor is responsible for the c3@VWJf A3tQF&Z s become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: . Project Location(describe,and attach a location map): 7 -/ &e,-ec)l Brief Description of Proposed Action: res r� /.2001 hoam aod - --- - -- -- Name of Applicant or Sponsor- / Telephone: 5�b ,. 9 3-7.7V M M c & .2 (�Y/1'� � � E-Mail:/n'fo e 4 jl Address: .7 5! Ma S5a(�, Pork 71- 49ool City/PO: State: Zip Code: CAVI 6c�. /1-V /(� 3 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? _�acres b.Total acreage to be physically disturbed? �f acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Pagel of 4 FI s the proposed actionRECEIVED NO YES N/A A permitted use under the zoning regulations? AUG 0 .32GJ8 .Consistent-with the adopted comprehensive plan? x 6. Is the proposed action consistent with the predominant character oflI��lifi�irpatigga�A�S NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin a state listed Critical Environmental Area? X If Yes,identify: NO YES X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? k N� c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: K 12. a Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? x If Yes,i entify the wetl d or waterbody and extent of alterations in square feet or acres: / 14. dentify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest 0 Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban l7 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? x If Yes, NO YES a.Will storm water discharges flow to adjacent properties? 'XI NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: NO 11 YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? IIECEIVE-D If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the IoR4i5 � c�1i��ALS NO YES solid waste management facility? If Yes,describe: 1 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: K I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE —/e 6 Applicant/sponsor e• Gf G[� Date: �' l�' /0 Signature: — — Part2-Impact Assessment. The Lead Agency is responsible for the completion of Part2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" '^ X,f .. F',,,"x; .?+SZ,'^`-a�nn.:-;`' 4. f`.'L�. £ 11�`7•,•+ a aw: j.�"'+k1=�_�: y •+7�P +_ ;•A "�°'i.S'l+rro"inc,,+��i`�._..v,x'�+�re.���?',�r�l.•n,�s:�',"+3T�'X{•+If�:-�:.:_•���.tixil i�Yi•:r a'�sYLt�\3��a*f�Ei�;.`.:>•'•l,:�-`'y hS>>fr�z�q�;E;_iafi!,••e�•>.iy-;IIaa.onlv�-'`�;z{:,reri..`^.^��,vs-4.l,:o,o-a`.`.�,T`yfFzaS.r�•;xt:�4.iclLaxa�.rt,q",-,..^��ti�•�+�rr_�.k�'k,,�v��•+(ti,3',c,,,i?%.-°.�,,`�.1s.:'.�•v:_'�•`�ss"3�••�,2`^-''+�as i4rs'�,�y.t.'„'.:.'�,i'e,..=•K:.;-,5°,,��„j-':4�i.Y�•J�`•.''•?:�,',-s�c�.:r,k.r-i=+*+�i,1cl•,i'.L•,:�z,`•`'Z,hF..•ts2T'\•.!•+`a-..•i'J"..zce�n .���«f�wt 2d�f•�"•,��'+�a-' No, o r Mod era t e' small to large impact imact°� i' ll'imay may + occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED 4• .. . •• '-n �.:;f,�>'.,tri+;—.a 'k �'�^. No,or Moderate .. . ',, ... j:."fs t-•1;C.cY:i`�;'�L. -�Sw small<^mss srWto large U. �- {ter„ << 's'�'•`,--# s mss:', : r-` '�It�r impact impact y may •r�'^[._-, tar '-`#iZ,�•:i;y!'1""a��i�' i - - - - nr'ci- r`�r' r: �,�.''.�;t �..- t.�,.�:nx•..� :-:;,�; occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. 11Checkthis box ifyou have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED Board of Zoning Appeals Application AUG 0 3 2018 ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, IC6&C"�!1;'h� residing at -7�a� RAJ%a�c.Pek.A (Print property owner's name) (Mailing Address) do hereby authorize "t-t-a-Lcta � 4N%z c9,q (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Owne 's Signature) If'(� 2 �f cLy L ��221 RECEIVED APPLICANT/OWNER AUG 0 3 2018 TRANSACTIONAL DISCLOSURE FORM hp� The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers�t7d°JQflA%Kh►®hu$iffiALS 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. P YOUR NAME: I-1 C_ `(�0_C,_'\j� k-3, (Last name,first name,middle WOW,,unless you are applying i e name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the -.- shares. — - YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP l Submitted this �� day o�,20 Signature �r Print Name L-411'-, AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM //�� RECEIVED' The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emTii�i`rri'eA fhgfiapose 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 ZONING BOARD OF APPEALS YOUR NAME: 4( ""- /�(,- ze"p—l-e (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. -------YES ----- - --- -- - - - - -NO - - - If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP J Submitted this day o ,20L Ell' Signature Print Name A ' RECE1VL:V ZZ� Town of Southold AUG ® 3 2Cq LWRP CONSISTENCY ASSESSMENT FORMZONING BOARD OF APPEALS 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-_ 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# ` - Y - -//— The Application has been submitted to(check appropriate response): Town Board E Planning Dept. 0 Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 / construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit,approval, license,certification: Nature and extent of action: / G 4--0-cue C/ 4ftl Wncler 'l22 Location of action: ~76 rlVa 3S oz,( / D/i-7 fTaGi"f('� ' Site acreage: k AUG o-3 na Present land use: /�// � �/ ���` �(��� ZONING BOARD OF APPEALS Present zoning classification: 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: Al 49 (b) Mailing address:_ (c) Telephone number:Area Code( ) Jr—/(� 9 0 Z 3 2 7 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No".OK 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. L&Yes ❑ No ❑ (Not Applicable- please explain) � f►'v ' Lr� lfij' � ��l/ DE�'f� � l c' GIiI� Qj 0(/SC Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No CNI (Not Applicable—please explain) RECEIVED 111` Attach additional sheets if necessary AUG "" 33 N-18- ZoNING OARD OF PPT�qLS Policy 3. Enhance visual quality and protect scenic resources throughout the own of �outhold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria - - - -- Yes No L& (Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes D No L"X7 (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 0 NoLP (Not Applicable—please explain) vLECEIVED WS NING BOARD OF APPEALS Attach additional sheets if necessary 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. R Yes ❑ No X (Not Applicable—please explain) Attach additional sheets if necessary 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 IX (Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational-use of, coastal waters, public lands, and.public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 0 Ye❑ No (Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES 2 JA 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 evaluatiq&r& . ❑ Yes E:1 No � (Not Applicable—please explain) AUG 0 3.2618 nwNiG BOARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No FVON Not Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No Not Applicable—please explain i ut,.,.. � v "' .. .`-. .?�'''a` moi'=Ma2 .�,:''•E., s .`, } ,� t Ct c4� } °�4 a �!� ,wfi_. '�'�'"�� �s.��1111• t�L,. � �ire ;�; ��.'• �xt�.����,7"'�� r F a. ' J�"` ".e y ,� 1.. .. L-L :!t"` � §r,i���•� 'r A4 � 7.a•t-,�' ° ,y,..j 1 of Si' it �' �'^•�Y'_t. »'vi''.' � � �.p/. ; ��,�� .42s`t�a,C.t�rN�'ts_ sr �_v>,.� .s- ,ti ♦ �. J _ mss' •��.�.� �' _ - _ i _ - _, .. .�,,b r Y'�t•aa� ��` f "`'��g? c:,. ���� y� ���_��1� r 7 �i� t y \ �`,w 1' x, k a •v y 6a]��.�lt .�;.�1�� - �`� '�,��. - � � ! .iN 1* N '�� i'R 'I+ .�''�i'P+ L'L �t �wK��r�ice. +O `!', .}�4 '_ \ .��'fd•�i3A�3t ..�•S. � � •• � +w:.�rYJ_ z ��� �w '+" , •_ .L i��,.. { �{ _1.. y._ j r•*r_ �_ I r �` t•.^ y� '+�.. -a �""'p•_Y� �`J�' "�e.,R�.# � •' :.•,, v 4� � _ _ _ -���j*ems•, �� �t' �' ��.<a ''�•i..c ���- �`i..=-y+• 'v�g'r *'�y+16� td •y,� •�rrf... '` gip.. iF•s-• J' ,/i� c 'r -t.' - ' ,.�_i__� -•Qs ..ray ���i�� ',C y• � y;v`"�1, f l'— . . jyy i. <(� S � `t tJ i r; .r., �•.,_ r+ ��� �� '�S, �' ,.6:1. .+c.`.�:•.ice• :,:_ ..--.: __ 1 \I'�a•. --—_— — -—_ - ___ ..- �.�.. - 4 a G VAL •.,� - ate- t � �� At �`t �• .. A� ILM- In - � �`.{r,� ch ,'w1Y�,���i.t 'd"dsl t�`lP '•.F t �v{` gut n��<�< ,Xy - � s%p�,{,�; +S •: ! ,,,fir,,,.t: !a�j a 4'� '�•k,f"��w�' i .;� ?yea* �i\'" R -��!['-.• � .-.,�...- �c:1 "SS• ''riL'� �aS�P`+;����`"�` i Y. �`'+ �. �R rr�y. �� '�a��y��.••s� � - r: igK Vr -" a�'{. _�.'•.fr ."Z.1 Y'4���y y.r'\r�� int �i ''��� � ��1. • y C AY- oil - t = .f` 01 x'�s� 'a��d ��. • a `^v� tui <�. ^ ,y� � w a '� _ _ - - •i � t rim 5"a�y��'��+�"+y,�� i'a" `� �� � �^,� � / a � � �'� ,. 'f7` �r�:.. ` .yfx •i.•:�' 1 w,�L�'Y � -4+ � xr.( ! C � YY �'.•4 �. : .•��t+. �. ,� .R r " - -•N :.?��. ��.,� . ;: .L'�a;'{>,� r„�.; r• 1 �� - _ c i, 4:: .:' tom. 4 ��:� ��,- p x�i+�' i� 4�y- k � ,►•�g- •''`� ��A b a>` ter$ r •`fir `Z t`� ::,�� ma .$ - ��-�- "v�` f��?• � ..• 1�.f- i• _ i`�e �r: # . � t3 iv ��_y�: k ..,� t vers:, .L` 7. >1 8 •., _i tl age s � ks 4 Y .+e ,a- i tti . �J ij • �. ..� r`�\ i �i�.-'.._"sem �17; a .� ON N O d N O Z O - N1l -O ? 3 00 r O 6 0 j -----�- ZONING tl 0 1 1z, � I 1 t ` 1 I II ILI, r r. w. 1 , mi of .� -, a )�' ;�` ��� � .% .- ,��t•' VMUDST�-m v) H. .Vey oo I r TA1,W ,t.I•' ' yT1 ,!` �I1 %' ��!��„��.iyjt}r))�•`�fA. M i_����' ��(1�� i�4 i I: r. jt/ "Y"�n �ri ,tlwy�y�� � f/ � 1 i J.. +,.��{t��/,,�11r;�,��•r•i,�J�.4�M��`��',`l'•4,,�y �,�'�? I � �T�`Fr+�.��t.'1� �`�.' �r�t a;i�y����.' �!' .."•�!"'�. `:�`1��1t'R.i�AtHir+.4»,#':��.^'l�;�X�c.�'R"4?��iM'1:�irst�1�..;a�i��'ys��.��1t. ." �ti.� Y1�,.T����. � x -!+ Ui CL LZa �l t f. Err NJ �f MMC Rty2 Fam '_TD Partnership (Cirrito) 7625 Nassau Point Rd. ..%� -utchogue, NY / - SCTM:1000-118-4-4 �yr-L .<, J� f_. R k. � .. tabUj LU h. ya tia 7 "cY.+nd�,1;�9Aiyr- ` ' s LC-144L" Vna�k W� i r. VIMC Rty2 Fam t -TD Partnership (Cirrito) 7625 Nassau Point Rd. :utchogue, NY SCTM: 1000-118-4-4 TOWN OF SOUT HOLD PROPERTY" F; ECORD CAR® • � - y )WNER STREET _ `J VILLAGE DISTRICT SUB: LOT �— 1 �7— rC .bid , � . •a ` 7'� vlG�� �2 �''✓ 'ORMER OWNER (. E ACREAGE �p W TYPE OF BUILDING / �r � I .S. ., , S'EAS.� VL. FARM COMM. I IND. I' CB, I MISC. ' �. I1jP. TOTAL DATE REMARKS oo _ aa 3�• 3 0o c� M I - "t � Jit ? J / v � � ' �• � D d -T7 d o G b h ae 454 1� s -F Z.90 '7/900 /a 3oa 3Z, A2 kwskle _ s- m n - SVS 32-00 r7 9od ff low 3 , co :� - L II' - _ :.,. > �• t AGE BUILDING CONDITION L_ ( 7 , 01� Z Y 3 e i NEW NORMAL BELOW ABOVE 1 ( 77,x. Z 7 k --Om t�-t t-c -(o Farm Acre Value Per Acre Value _ a 13 4 To • COns, zasfiat�jQ+l 'liable 2 . liable, 3 (oodland - I vampland •ushland louse-Plot atal t ".t 1 .r 1` Tt t 'i k ( 7 tj er r 4 No MENMEN tj • j 1 !!!e■!ll � �1W ���!!! ...�c_+...-ar.�eN_,-s..�w•.......'.'{w�11...-.2kn+3.�....1.....1.a�..-....1.SL•!L+c4.�.u.fi. �llrUNINNEW MON Ed �!^�� � �!!! MEMO j !!MEMNON !!! ■!!!!!!!!!!!!off!!!!■ : .. Foundation :. osernent . , Fire Place' • •. • • • s ELIZABETH A.NEVILLE,MMC ® Town Hall,53095 Main Road TOWN CLERK y� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,�, ® �. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®( www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM:• Elizabeth A.Neville DATED: August 9, 2018 RE: Zoning Appeal No. 7221 Transmitted herewith is Zoning Appeals No. 7221 for MMC Realty2 Family Limited Partnership: ,/ The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) �Agent/Representative Transactional Disclosure Form(s) �LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals _Photos Correspondence- Copy of Deed(s) ,/-Building Permit(s) _V—Property Record Card(s), VSurvey/Site Plan Maps- / Drawings �Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/09/18 Receipt#: 247118 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7221 $50000 Total Paid: $50000 Notes: Payment Type Amount Paid By CK#929 $500.00 Mmc, Realty 2 Flp Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Mmc, Realty 2 Flp 135 Meadowbrook Road Garden City, NY 11530 Clerk ID: JENNIFER Internal ID 7221 1 PATRICIA C. MOORE - Attorney at Law 51020 Main Road LIAR 0-.1Southold,New York 11971 f� (��� Tel:(631)765-4330 � A�� Fax:(631)765-4643 March 1, 2019 Leslie Weisman, Chair and Zoning Board of Appeals P.O.Box 1179 Southold, NY 11971 RE: LWRP MMC REALTY 2 FAMILY LIMITED PARTNERSHIP Appeal #7221 Dear Chair Weisman and Board: In response to the LWRP recommendations herein attached for your convenience, we object to the LWRP conclusions and determination of "inconsistency". An accessory structure is "consistent" with the LWRP. As you know, and based on your interior site inspection of the pool house/one bay garage accessory structure, the structure was constructed pursuant to building permit ( #42121Z ) and the structure is not a second "dwelling". The pool house/one bay garage is not heated or air conditioned or have a kitchen or shower/bath. It would not meet the definition of a "dwelling" under the NYS Building Code or Town Code. The sacond floor is storage as it was described in the building permit. Storage space does not need to be "open rafters" or full of insects to be considered storage. The building permit showed the 1/ bathroorti on the first floor which is connected to a sanitary system. The Health Department approved a new sanitary system. The building department would not have issued a building permit if the sanitary system was an issue. Vei^y:. riiy yours, 41 tr-icia C. Moore ,a PCM/bp ' OVA 1e jj�" —r' t1lrtC1L I�c� tvr: ;+ '. ` :t[ir�r�i •. P.O.'B6X, f 91.1, ri.�rl'�;'r�t,99�i.[;�85L4�p°��3' �y ,'�,',�;,x• ;°; ,�•'`�,.,,: :•� „ . zoadi(SUL NW I I?iV I •tS k �.�.�t� `mss'o;"�•s,. LOCI L 1(1'i'R.Ar aMx4.s'#ON#,'REV. fkt5t8.itllilA IO 3',A,7.OGIIA ,,.k pvOVIORANDUM To:. eif ti4�{ rrin,` b9iir. I A r Vrora: Marl,T6rry,; ►`ass°ssta�nt�'p�vti;l'} iinirt;X?irc t r LWRP Coarinattrirr, 11i�tts, ; �iet911�cx?6;2018 'Eta:' L' p Gla �1'. can'Is`� tw Rixviow for. t'i Filu'_RLf 11��°1 C; L^)E'�i°?. r�i4li l°;t t.t t'i"N: i1iIC`itt:$ ti112= a ' t1C:,41�liial"1" t1=1k�4R�"tiLtdfitEl}r'1� � 1 -l� uisst'6`tsr.,a'•,i�"•liiancizoanrrjl 'tll, Sbsiie�i) !►il�ling ingpa:clar`�J111$6,12. 0J,8,,1�o icb of Diswpb�s�cl pis uct,�l?}aliruti�7u t�� '1�:r�ctli;r���`}9z`�ivalt� 111t�r{ltir�t!°•9i'�,ai!!at'�c�`�'�irg',;li>xllc}i!ig,;,,�t: l��ntis•�i`��iiMnrt•�clt�.4r.�t1a:gi�:lti9tit4�`�f'csn�:d��ii�lIing;.oi)'�alali. Id:1f9c I51:ri1)o)*4 61'Ct]9isirii�t901t LtlnlStjii9tGS it';y�i t�tlfl 411ti'L`�liii�litlll in''i84�'aii�iiti y�l'�-lEy{iiltlil9��fit. 1_- [:4`�rtl; ii"d I'.,e+o99ic E3siy�t"tit�kyA{ lt��`l#Y. C"I,"�1 I0N1-I f Ii-4�I. Thi Iirat�r�cd nc►i4n9.11i►,•.t,�99r4'vt�:�•e�t fsa Cluj;ler'�.6Si;°t�Jis`i�rfi�riiit'�ori�iat�ttap t�eK[�t�1,at'��=°I'+�wzi;eif.�c��t�uli�� 1'tr�4rj!'tea�li:rinsl'ilwi}c9�iti.�'utvrtig.11�t It; v►tulEatic�s!i't �tr�ttitG„biRl')Palicy `St:iilt!lnii : - j9riio'r9t9at3u9r•�'r��°I�Ind oriQt�_T�”�' .l''•�ransi�ic�lcY:4�srrri�ntFrrrns��ub'riiitttl r�n�tliis:a��lins•tii`i�;i�9,.11.i,�'F`r�!':1,�tile. ru orris viiitnbta`tn;irie}•thc�tnp�5ucl al.7i,�ti'i m ommend' 11`* Cf 1S "[T'I'I' l Iilt tlt l> �i�kV 1,1 Ti '' Pliry 1 f zlssr t juNlr�irfi�'euyr(:�lanri{{tt trr flirt Tasl�tt-c� et11111[11ct ti�aP uPrllaRr:tr c2fit�uxi1}!,aJirrtxrtt�r; r ' r -'rf�ac*t��,s�,�acrµ,•1�4r,tk�����c7�i�isat�+�,�'ira�artit�u�tairr„tFrealc�sC[��dtcm�i�:;til.`uti�.u,��r�naatrrl�t�c�rir'r�id,•trrlr�'iritea�riri��,s -_ - T:ho�•cds lauilt;�ccrri!`a�a�ia°eElliig•9St9it•d�iri��irr�itstnoe(e�•'ia!°th”wrtrctcs§�"ri+F�i�ildit��r�vItl�a�t li'crinirs: i"c?11cy r t�=er rntrl•t e�trara.tl,ix r�ri7li at ca i ii t t r :it lJ c,rovtj!rif:ScaiiFhnl�� uj?�tii in The ne dwazicy of the$snimq,systm to trek-S` nitriry,flow't'r�9it'the dikcltin�'tiniC plt"Uf111t tEl; 19t9ptC 26 ;the SaY.lt}9o1c1 Tctitintiriing:l�trarel oi'Altet�isIll:ci�sicl��,t}_iis c taiiatncndntis�in prjiurtn its'i�rritttstPeletrniir9tion`rLntzlinE;'the CO afti9c:pix9ntsct,actinii Ge': �►IIf�lcn=Dnt"ty,"I't���rrt,Att�rttcy I \ Fuentes, Kim From: Fuentes, Kim Sent: Friday, December 28, 2018 8:31 AM To: 'Pat Moore (pcmoore@moo reattys.com)'; 'Betsy at Moore Law Offices'; 'margaret@mooreattys.com' Cc: Sakarellos, Elizabeth Subject: ZBA February 7, 2019 Agenda - MMC R Ity#7221/U iversalist Church #7123SE Hi Pat, We've been able to schedule the Special Exception application of First Universalist Church public hearing for the February 7, 2019 Regular Meeting. But unfortunately, I mistakenly didn't schedule the adjourned hearing of MMC Realty for the February agenda, so I will schedule the matter for the March 14 public hearing. I apologize for any inconvenience. Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809,Ex 5011 E-mail:kimf@southoldtownnygov i Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, December 05, 2018 12:41 To: 'Betsy at Moore Law Offices' Subject: RE: MMC Realty 2 Family Partners ip #7221 Hi Betsy, Regarding the item you missed, we regret that there is no other option than requesting an adjournment until the next available date. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-76541 6, Ex. 5011 E-mail:kimf@southoldtownn .gov From: Betsy at Moore Law Offices [mailto:betsy@mooreattys.com] Sent: Wednesday, December 05, 2018 12:25 PM To: Fuentes, Kim Cc: Sarah Sinning; Moore Patricia Subject: Re: MMC Realty 2 Family Partnership #7221 just looked at our printing log. zimmer was an oversight. what do we do now? Betsy Perkins, LA Moore Law Offices A SAVE A TREE - PLEASE DO NOT PRINT William D. Moore, Esq. EMAIL UNLESS YOU REALLY NEED TO. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 www.mooreattys.com NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee(s) . If you are not the intended recipient of this e-mail, you are hereby 1 notified that any dissemination, distribution or copying of urn-L5 e-mail and the attachments hereto, if any, is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. On Wed, Dec 5, 2018 at 12:14 PM Fuentes, Kim <kimf@southoldtownny.gov>wrote: _ Hi, See attached USPS Tracking on three recipients. I'm not familiar with the receipts you handed in and why they all are post marked Nov. 15, but two have not been received by recipients' post office until Nov. 29 and Dec. 4 (see attached). The receipt ending with 1444 was received in Augusta GA. Please explain. I will contact the Town Attorney to determine if the procedure was property implemented. i Also, let me know why Zimmer wasn't sent notice. _ i _ 1 Kim E, Fuentes Secretary to the Zoning Board ofAppeals 1 Town of Southold i 3 i 54375 Main Road i Southold, NY 11971 631-765-1809,Ex. 5011 E-mail.kimf@southoldtownny.taov E From: Sarah Sinning [mailto:sarah@mooreattys.com] _____._ � Sent: Wednesday, December 05, 2018 11:50 AM To: Fuentes, Kim Cc: Betsy Perkins; pcmoore@mooreattys.com I Subject: MMC Realty 2 Family Partnership #7221 2 Kim, I s We haven't yet received any green card receipts on the above referenced ZBA matter. If we receive any before tomorrows hearing we will gladly present them, although because of the closing of the post office j we don't anticipate receipt of any before tomorrows hearing. i Sarah Sinning Moore Law Offices i Tel: (631) 765-4330 j Fax: (631) 765-4643 i 51020 Main Rd. Southold, NY 11971 1 www.mooreattVs.com 3 Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, December 05, 2018 12:58 PM To: 'Betsy at Moore Law Offices' Subject: RE: MMC Realty 2 Family Partnership #7221 Sorry, both January and February are overbooked already . . . We are working on the May calendar and will look into possibly squeezing you into April. Please send me in writing your request to adjourn until the next available month. Kim E Fuentes Secretary to the Zoning,board of Appeals Town of Southold 54375 Dain Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail,kim[@southoldtownny.gov From: Betsy at Moore Law Offices [mailto:betsy@mooreattys.com] Sent: Wednesday, December 05, 2018 12:45 PM To: Fuentes, Kim Subject: Re: MMC Realty 2 Family Partnership #7221 any chance we can get on the January? Betsy Perkins LA Moore Law Offices SAVE A TREE -PLEASE Do NOT PRINT William D. Moore, Esq. EMAIL UNLESS YOU REALLY NEED To. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 www.mooreaMs.com NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee(s) . If you are not the intended recipient of this e-mail, you are hereby 1 notified that any dissemination, distribution or copying of Lnzs e-mail and the attachments hereto, if any, is strictly prohibited. If you have received this Jk transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. On Wed, Dec 5, 2018 at 12:41 PM Fuentes, Kim <kimfnsoutholdtownnygov>wrote: Hi Betsy, i Regarding the item you missed, we regret that there is no other option than requesting an 6 adjournment until the next available date. Kim E. Fuentes i Secretary to the Zoning Board of Appeals S I Town of Southold 3 54375 Main Road i t Southold, NY 11971 t 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownn-y.gov i 3 From: Betsy at Moore Law Offices [mailto:betsy@mooreattys.com] Sent: Wednesday, December 05, 2018 12:25 PM To: Fuentes, Kim Cc: Sarah Sinning; Moore Patricia Subject: Re: MMC Realty 2 Family Partnership #7221 i 9 just looked at our printing log. zimmer was an oversight. what do we do now? : i 3 i t Betsy Perkins LA 2 � Moore Law Offices SAVE A TREE- PLEASE DO NOT PRINT a 1 William D. Moore, Esq. EMAIL UNLESS YOU REALLY NEED TO. 631.765.4663 Patricia C. Moore, Esq. 1 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 `I fax number for both I 631.765.4643 www.mooreatfys.com 1 NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged 1 and/or confidential information. It is intended only for use by the named addressee(s) . If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and the attachments hereto, if any, is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. jt I I i I On Wed, Dec 5, 2018 at 12:14 PM Fuentes, Kim <kimfnsoutholdtownny_goy>wrote: ( E Hi, � k 1 See attached USPS Tracking on three recipients. 3 E I'm not familiar with the receipts you handed in and why they all are post marked Nov. 15, but two have not been received by recipients' post office until Nov. 29 and Dec. 4 (see attached). The receipt ending with 1444 was received in Augusta GA. Please explain. I will contact the Town Attorney to determine if the procedure was property implemented. I t 11�0 t Also, let me know why Zimmer wasn't sent notice. 1 . is ii II Kim E. Fuentes Secretary to the Zoning Board ofAppeals . i Town of Southold E 1 ; 54375 Main Road , i E y Southold, NY 11971 is i3 i 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownnXaov � i From: Sarah Sinning [mailto:sarah(?bmooreattys.com] 3 Sent: Wednesday, December 05, 2018 11:50 AM To: Fuentes, Kim Cc: Betsy Perkins; pcmoore(abmooreattys.com Subject: MMC Realty 2 Family Partnership #7221 i � 1 I S ' j r }i I Kim, lE I � i We haven't yet received any green card receipts on the above referenced ZBA matter. If we receive any before tomorrows hearing we will gladly present them, although because of the closing of the post office we don't anticipate receipt of any before tomorrows hearing. E I Sarah Sinning Moore Law Offices Tel: (631) 765- 4330 4 i4u' Tlt'. E OF HEA' Rli4o' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : NAME : MMC REALTY 2 FAM LTD PARTNERSHIP #7221 SCTM # : 1 000- 1 18-4-4 ' VARIANCE : ACCESSORY BUILDING CONSTITUES SECOND DWELLING UNIT REQUEST: LEGALIZE "AS BUILT" ALTERATIONS TO ACCESSORY BUILDING SATE : THURS . , MAR. 74, 2019 2EN15PM 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 OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 S' BOARD MEMBERS ® Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� ���® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. �� y� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �c®U �� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 14, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 14, 2019. 2:15 P.M. - MMC REALTY 2 FAMILY LIMITED PARTNERSHIP #7221 — (Adjourned from December 6, 2018) Request for a Variance from Article III, Section 280-13A and the Building Inspector's June 12, 2018, Notice of Disapproval based on an application to legalize "as built" alterations to an accessory building, at; 1) more than the code permitted one dwelling on each lot; the proposed construction constitutes a second dwelling unit in the accessory building; at: 7625 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM# 1600-118-4-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: February 21, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZG'r,.,AG BOARD OF APPEALS - MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 14 , 2019 , Re: Town Code Chapter 55 -Public Notices for Thursday, March 14, 2019 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 25th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 4th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 6th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 12, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i1 1 ,t ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of 1 AFFIDAVIT OF MMC REALTY 2 FAMILY LIMITED PARTNERSHIP MAILING #7221 Applicants Land Identified as 1000-118-4-4 ---------------------------------------------------------------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 21"day of February, 2019, I personally mailed at the United States Post Office in Southold,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Sout Id Post Office on said date. r Bg'tsy Perkins (Signature) Sworn to before me this 91? da of February ,—2� v�o1 ( otary Public) MARGARET C RUTKOWSKI y � NOTARY Pui3uc,STATE OF NEW YORK Registration No.01RU4982528 Quamed in Suffolk County My Commission Exores ium 3s..62 / 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. AIM U.S. Postal Servi__TM CERTIFIED © RECEIPT ® ° I. O rn I. m � �' Lt� t; LTM�, ��:� '' `.� �,:%�' €��, Lin Certified Mall Fee ` ?fi g= O $ mit E:3 Lf') Certlfled Mad Fee Extra Services&Fees(checkbox,add lee as appropriate) ❑Return Receipt(hardcopy) $ C $ D El Return Receipt(electronic) $ Extra Services&Fees(check box,add tee as appropriate) Postmark ❑Return Receipt(hardcopy) postmark El Certified Mail Restricted Delivery $ Here I C ❑Return Receipt(electronic) $ 0 El Adult Signature Required $ Here O ❑Certified Mail Restricted Delivery $ ❑Adult Signature Restricted Delivery$—T� []Adult Signature Required $ - Postage y 8'N �r\ []Adult Signature Restricted Delivery$ �l�'-Sr �,�} ""'`n ..A $ - ws�\ O Postage / �y ruti — -- - p - ru ru a r` Christian R.Zimme( ?I �� T 2- y M1 Carol R.Zimmer �., ��� a Timothy K McManus �. ------------------ 173 Wellington Rd v�c�+ a Michelle L McManus ��� Garden City, NY 11530 54 Sutton Place ------------------ Rockville Centre, NY 11570 amm t-q D• ra Ln I• 9 C3 - . o - - • „ © r,: ' UJ tL Ln Certified Mall Fee I Lr) Certified Mad Fee O $ I $ 0 Extra Services&Fees(check box,add tee as appropriate) 0 Extra Services&Fees(check box,add fee as appropnate) ❑Return Receipt(hardcopy) $ O � ❑Return Receipt(hardcopy) $ O ❑Retum Receipt(electronic) $ Postmark ❑Return Receipt(electronic) $ Postmark C-3 ❑Certified Mail Restricted Delivery $ Here 0 E3 ❑Certified Mail Restricted Delivery $ Here ❑Adult Signature Required $ Adult Signature Required $ O E]Adult Signature Restricted Delivery$ ��® ❑Adult Signature Restricted Delivery rp Postage Gj A p Postage ` ®4 ruru �, 'John J Stack ` (0 P- o Patricia E McCaffrey \ , �' � MenakerTrust '��®! ------------------ rl-- 7650 Nassua Pt Rd PO Box 1019 '�ti PO Box 1296 ------------------ ��-; •----------------- Wilson,WY 83014 Cutchogue, NY 11935 3 PO'..''w"'2.0 E!):SRTa,^�:nu i Yr"T!"}Ji P%"at:S}= P UFi?()..;'Vi •MMC Realty 2 Family Itd Partnerships Cirrito 118-4-5 Tim and Michelle McManus 54 Sutton Place Rockville Centre, NY 11570 118-3-8.1 Menaker Trust PO Box 1019 Wilson,WY 83014 118-3-4.1 John J Stack Patricia E McCaffrey 7650 Nassua Pt Rd PO Box 1296 Cutchogue, NY 11935 118-4-3 Christian R.Zimmer Carol R.Zimmer 173 Wellington Rd Garden City, NY 11530 COMOLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION a Complete items 1,2,and 3. A. sign ure :nt ■ Print your name and address on the reverse - C3 Age so that we can return the card to you. ❑Addressee , ■ Attach this card to the back of the mailpiece, Becelved by(Printed 1Vcarne)��� C. Date of D Iiv` or on the front if space permits. v V 4� -1 . �\ f'lt--t i 1. Article Addressed to: D. Is delivery address different from Item 17 P Yes --- if YES,enter delivery address below: p No John Jack Patriciajf,�j,McCaffrey 7650 Nassua-Pt Rd PO Box'1296 Cutchogue,NY 11935 3. Pervice Type ❑priority Mall Expresso ' fl IIIIII Ilfl Ilf f II I IIII I II I I f I Illlfl IIII II�II ❑Adult Signature ❑Registered Mail ElAdult Signature Restricted Delivery El Registered Mad Restricted d Certified WHO Delivery 9590 9402 3554 7305 7999 62 ❑Sertified Mail Restricted Delivery E3 Return Recelot for ETollect on Delivery ' Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ❑Insured Mail ❑Signature Confirmation ❑Insured Mall Restricted Delivery Restncted Delivery, over$500) l PS Form 3811,July 2015 PSN 7530-02-000.9053 -- Domestic Retum Receipt 3 { ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x y In the Matter of the Application of AFFIDAVIT OF SIGN MMC REALTY 2 FAMILY LTD PARTNERSHIP#7221 POST Regarding Posting of Sign Upon Applicant's Land Identified as 1000-118-4-4 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, of Mattituck, New York, being duly sworn, depose and say that: On theS day of March, 2019, 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 I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, March 14, 2019 Betsy P e r k i Sworn to before me this day of March, 2019 Notary Public MARGARET C RUTKOWSKI NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 RU4982528 Qualified in Suffolk County My commission Expires June 3, *near the entrance or driveway entrance of the property, as the area most visible to passersby. ■ 41S SECTION COMPLETE THJR SECWN � l ■ Complete items 1,2,and 3. A. Signatur I ■ Print your name and address on the reverse X /�1 ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• ece' a by(Printed Name) C. Date of Delivery or on the front if space permits. n 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No Menakee-Trust PO Box 1019 Wilson, WY 83014 II 1111111 IIII III[II 1 illi 1111111111111111111111 C3 Adult❑dui sSignature at3. Service Reatrioted D ❑Registered MaIIITTMess� 9590 9402 3554 7305 7999 79 Delivery ❑Delivery Mail Restricted ❑Certified Matl® Delive ❑Certified Mail Restricted Delivery ❑Return RecMerc eipt for 2. Article Number(1-ransfer from service label) ❑Collect on Delive13 Collect on ry Restricted Delivery ❑Signature ConfirmationTm ❑Insured Mad ❑Signature Confirmation ❑Insured Mail Restricted Derivery Restricted Delivery" $ PS Form 3811,July 2015 PSN 7530-02-000-9053 (over 500) Domestic Return Receipt ; SENDER- • SECTION ' COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3. X Signature ■ Print your name and address on the reverse I 1 X( tl�r � � ❑Agent ice Type so that we can return the card to you. )11 . ■ Attach this card to the back of the mail lece, " ; y(Printed ane Addressee p B. Received b ) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is deli0ery address different from item 11 ❑Yes T If YES,enter delivery address below: ❑No Christian R.Zimmer I Carol R.Zimmer 173 Wellington Rd Garden City, NY 11530 3.��IIIIIIIIIIIIIIIII�IIII� II��I�IIIIIIIII�55 OIII 11 7edl ypq gnatureResV,ctedDelivery o RPriority Mail egiseredMalpTMes® 9590 9402 3554 7305 7999 d Ma10 Registry d Mail Restricted Delive d Mail Restricted Delivery ❑Retum Receipt for 2. Article Number tonDelivery Merchandise (transfer from service labeq t on Delivery Restricted Delivery ❑Signature ConfinnationTA°Mad ❑Signature Confirmation Mail Restricted Detivery Restricted Delivery 500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Retum Receipt , ■ OMPLETE THIS SECTION • • ON DELIVERY ■ Complete items 1,2,and 3. A. Sign hire ' ■ Print your name and address on the reverse r �-1 C1 Agent so that we can return the card to you. X aJ `'�� C— ! Addressee s ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date Deliue;y or on the front'if space permits. 1. Article Addressed to: D. 19 delivery address different from item 17 4 1 Yes If YES,enter delivery address below: ❑No Timothy'K McManus .5 Michelle'L McManus t 54 Sutton Place Rockville Centre, NY 11570 III 111111 IIII III I II IN II 1111111 II II SII 3. Service Type ❑ y Mall Express® ❑Adult Signature 11 Registered MaIITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mall® Delivery 9590 9402 3554 7305 7999 86 ❑Certified Mail Restricted Delivery ❑Return Receiptfgr ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation'"I ❑Insured Mad ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery '(over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt #0002314620 - ,',,417 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 weeks(s),successfully commencing on 02/21/2019 Principal Clerk Sworn to before me this day of ISTiNA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Qualified in Suffolk County My Commission Expires February ge,2920 TYPESET: Fri Feb 15 15:27:26 EST 2019 Inspector's September 26, 2018, Notice of LESLIE KANES WEISMAN, LEGAL NOTICE Disapproval based on an application to legal- CHAIRPERSON SOUTHOLD TOWN ZONING BOARD ize an"as built"accessory deck and construct BY:Kim E.Fuentes OF APPEALS a roof over,at;l)accessory structure does not 54375 Main Road(Office Location) THURSDAY,MARCH 14,2019 constitute a permitted principle use on a resi- 53095 Main Road(Mailing/USPS) PUBLIC HEARINGS dental parcel;at:5550 New Suffolk Avenue, P.O.Box 1179 NOTICE IS HEREBY GIVEN,pursuant to (Adj to Deep Hole Creek) Mattituck,NY. Southold,NY 11971-0959 Section 267 of the Town Law and Town Code SCTM#1000-115-10-5. 2314620 Chapter 280(Zoning),Town of Southold,the 1:00 P.M. - WALSH PARK BENEV- following public hearings will be held by the OLENT CORPORATION (TOWN OF SOUTHOLD TOWN ZONING BOARD OF SOUTHOLD,OWNER)#7252 Request for APPEALS at the Town Hall,53095 Main Variances under Article XI,Section 280-48 Road, Southold, New York on (C)(3)(c)and(f);and the Building Inspector's THURSDAY,MARCH 14,2019. August 21, 2018, Notice of Disapproval 9:30 A.M.-RONALD COONS#7244 Re- based on an application to alter a second floor quest for Variances under Article III,Section of an existing building to include six(6)ac- 280-15;Article XXIII,Section 280-124;and cessory apartment units;at: 1)proposed ac- the Building Inspector's September 27,2018, cessory apartments are more than the maxi- Notice of Disapproval based on an applica- mum of three(3)apartments allowed to be tion for a permit to demolish an existing created or maintained in any single structure; dwelling and construct a new single family 2)accessory apartments will exceed 40%of dwelling,at; 1)less than the code required the livable floor area of the existing dwelling minimum front yard setback of 35 feet,2)less unit;at:544 Hound Lane,(Fox Lane,Adj.to than the code required minimum rear yard Long Island Sound) Fishers Island, NY. setback of 35 feet;3)an existing shed located SCTM#1000-12-1-4.4. in other than the code required rear yard;at: 1:15 P.M. - ALEX FRIEDMAN#7253 - 5206 Great Peconic Bay Blvd.,Laurel,NY. Request for a Variance under Article XXIII, SCTM#1000-128-2-21. Section 280-124 and the Building Inspector's 9:45 A.M. - JO ELLEN CORTAPASSO October 29, 2018, Notice of Disapproval #7245-Request for Variances under Article based on an application to construct additions XMII,Section 280-124 and the Building In- and alterations to an existing single family spector's August 10, 2018, Notice of Dis- dwelling,at; 1)less than the code required approval based on an application for a permit minimum front yard setback of 40 feet;at:350 to construct additions and alterations to an MacDonalds Road,(Adj.to Brushes Creek) existing single family dwelling, at; 1) less Laurel,NY.SCTM#1000-145.-4-14.1. than the code required minimum front yard 1:30 P.M. - MMC REALTY 2 FAMILY setback of 35 feet,2)less than the code re- LIMITED PARTNERSHIP#7221-=(Ad- quired minimum rear yard setback of 35 feet; ,burned from December 6,2018)Request for at:4830 Peconic Bay Boulevard,Laurel,NY. a Variance from Article III,Section 280-13A SCTM#1000-128-4-13. and the Building Inspector's June 12,2018, 10:00 A.M -SARAH APGAR#7246-Re- Notice of Disapproval based on an applica- quest for a Variance under Article IV,Section tion to legalize"as built"alterations to an 280-15 and the Building Inspector's August accessory building,at;1)more than the code 17,2018,Notice of Disapproval based on an permitted one dwelling on each lot;the pro- application for a permit to construct an in- posed construction constitutes a second ground swimming pool,at;l)located in other dwelling unit in the accessory building;at: than the code required rear yard; at: 1175 7625 Nassau Point Road, (Adj. to Little Haywaters Road, Cutchogue, NY. Peconic Bay) Cutchogue, NY. SCTM# SCTM#1000-111-4-11. 1000-118-4-4. 10:15 A.M. - DOUGLAS ROBALINO 1:45 P.M.-OLDE COLONIAL PLACE, #7247-Request for a Variance under Article LLC#7248-Request for an interpretation XXIII,Section 280-124 and the Building In- pursuant to Article X,Section 280-46 of the spector's October 2, 2018, Notice of Dis- Town Code,as to whether 20,000 square feet approval based on an application to legalize of property is required for each principal use "as built" demolition and proposed recon- (4)in accordance with the Building Inspec- struction of the existing single family tor's October 5,2018 Notice of Disapproval dwelling,at, 1) less than the code required stating that the proposed use(s),as applied for, minimum front yard setback of 40 feet;at: is not permitted in the Hamlet Business(HB) 1695 Bay Avenue,(Adj.to Marion Lake)East Zoning District;property located at.615 Pike Marion,NY.SCTM#1000-31-9-21 1. Street,Mattituck,SCTM#1000-140-2-21. 10:30 A.M. -ERICA LEV AND ZACH- 2:00 P.M. - WILLIAM A.PENNEY,IH ARY LEV#7249SE-Request for a Special AND SUKRU ILGIN(CV)(SOUTHOLD Exception under Article III, Section 280- GAS STATION)#6839—(Adj.from January 13B(13).The Applicants are the owners of 17,2019)Request for Special Exception un- subject property requesting authorization to der Article XI Section 280-48B(12)to con- create an Accessory Apartment in an existing struct a gasoline service station with a conve- accessory structure,at: 1425 Paradise Point, nience store Located at 45450 County Road Southold,NY.SCTM#1000-81-2-4. 48(aka North Road,corner Young's Avenue) 11:00 A.M. AMY O'BRIEN, TRUSTEE Southold,NY.SCTM#1000-55-5-2.2. C/O FRANK A. UHLENDORF AND The Board of Appeals will hear all persons EDITH UHLENDORF TRUST #7250 - or their representatives,desiring to be heard at Request for a Variance under Article XXIII, each hearing,and/or desiring to submit writ- Section 280-124 and the Building Inspector's ten statements before the conclusion of each October 29, 2018, Notice of Disapproval hearing. Each hearing will not start earlier based on an application to legalize an existing than designated above.Files are available for deck addition to an under construction single review during regular business hours and family dwelling, at; 1) less than the code prior to the day of the hearing.If you have required minimum rear yard setback of 35 questions,please contact our office at,(631) feet;at:230 Landing Lane,Greenport,NY. 765-1809,or by email: SCTM#1000-43-4-8 kimf@southoldtownny.gov 11:15 A.M.-DOUGLAS AND LISA CAR- Dated.February 21,2019 LEN#7251-Request for a Variance under ZONING BOARD OF APPEALS Article IV,Section 280-17A and the Building BOARD MEMBERS ®f S® Southold Town Hall Leslie Kanes Weisman,Chairperson �� �°® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 c®U 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 7, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 7, 2019. 2:15 P.M. - MMC REALTY 2 FAMILY LIMITED PARTNERSHIP #7221 — (Adjourned from December 6, 2018) Request for a Variance from Article III, Section 280-13A and the Building Inspector's June 12, 2018, Notice of Disapproval based on an application to legalize "as built" alterations to an accessory building, at; 1) more than the code permitted one dwelling on each lot; the proposed construction constitutes a second dwelling unit in the accessory building; at: 7625 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM# 1000-118-4-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. _If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: January 17, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 7, 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, February 7, 2019 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before January 22"d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than January 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before February 5, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i4CjT1GE U' F HEAR'Ii4olo The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : NAME : MMC REALTY 2 ; FAM LTD PARTNERSHIP # 7221 SCTM # : 1 000- 1 1 8-4-4 VARIANCE : ACCESSORY BUILDING CONSTITUES A SECOND DWELLING UNIT REQUEST: LEGALIZE "AS QUILT" ALTERATIONS TO ACCY. BLDG . DATE : THURS . , FEB . 7 , ' 2019 2NE15PM 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 OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 i4u' T1 ('m. E UF HEARIi4o "he following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : . 'AME : MMC REALTY 2 FAM LTD PARTNERSHIP #7221 ` CTM # : 1 000- 1 18-4-4 1 'ARIANCE : ACCESSORY BUILDING CONSTITUES SECOND DWELLING UNIT VEQUESTE LEGALIZE i°AS QUILT" ALTS TO ACCESSORY BUILDING LATE : THURS . , DEC . 6 , 2018 INNOOPM 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 OF APPEALS-TOWN OF SOUTHOLD (6,31 ) 765-1809 BOARD MEMBERS - Jouthold Town Hall Leslie Kanes Weisman,Chairperson ��®� ®���® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. O a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 9 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 6, 2018 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, DECEMBER 6, 2018. 1:00 P.M. - MMC REALTY 2 FAMILY LIMITED PARTNERSHIP #7221 — Request for a Variance from Article III, Section 280-13A and the Building Inspector's June 12, 2018, Notice of Disapproval based on an application to legalize "as built" alterations to an accessory building, at; 1) more than the code permitted one dwelling on each lot; the proposed construction constitutes a second dwelling unit in the accessory building; at: 7625 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM# 1000-118-4- 4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southo/dtownny.gov. Dated: November 15, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TTPESET• Mon Nov 19 12.51:05 EST 2018 an existing single family dwelling,at- 1)lo- southoldtownny.gov LEGAL NOTICE cated less than the code required minimum Dated November 15,2018 SOUTHOLD TOWN ZONING BOARD side yard setback of 15 feet,2)located less ZONING BOARD OF APPEALS OF APPEALS than the code required minimum combined LESLIE K A N E S W E I S M A N, THURSDAY,DECEMBER 6,2018 side yard setback of 35 feet,at: 2125 Pine CHAIRPERSON PUBLIC HEARINGS Tree Road,(Adj to Little Creek)Cutchogue, BY-Kim E Fuentes NOTICE IS HEREBY GIVEN,pursuant to NY.SCTM#1000-98-1-13 54375 Main Road(Office Location) Section 267 of the Town Law and Town Code 11:15 A.M.-JANE SMERGLIA#7220- 53095 Main Road(Mailmg/USPS) Chapter 280(Zoning),Town of Southold,the Request for a Variance from Article XXIII, P.O.Box 1179 following public hearings will be held by the Section 280-124 and the Budding Inspector's Southold,NY 11971-0959 SOUTHOLD TOWN ZONING BOARD OF July 23,2018,Notice of Disapproval based on 2286580 APPEALS at the Town Hall, 53095 Main an application for a building permit to con- Road,RO Box 1179, Southold,New York struct additions and alterations to an existing 11971-0959,on THURSDAY,DECEMBER single family dwelling,at;1)located less than 6,2018. the code required minimum front yard set- 9:30 A.M - ANTHONY PIROZZI, JR. back of 35 feet;at:225 Sigsbee Road,Mat- #7216-Request for a Variance from Article tituck,NY.SCTM#1000-143-2-5. XXIII,Section 280-124 and the Building In- 1:00 P.M. - MMC REALTY 2 FAMILY spector's July 16, 2018, Notice of Disap- LIMITED PARTNERSHIP #7221 - Re- proval based on an application for a building quest for a Variance from Article III,Section permit to construct deck addition to existing 280-13A and the Building Inspector's June single family dwelling,at;l)located less than 12,2018,Notice of Disapproval based on an the code required minimum combined side application to legalize"as built"alterations to yard setback of 35 feet;at-1769 Smith Road, an accessory building, at; 1)more than the (Adj. to Hog Neck Bay) Peconic, NY. code permitted one dwelling on each lot;the SCCM#1000-98-4-20 proposed construction constitutes a second 9:45 A.M. - CINTHIA THORP. #7218- dwelling unit in the accessory building; at: Request for Variances from Article XXIII, 7625 Nassau Point Road, (Adj. to Little Section 280-124 and the Building Inspector's Peconic Bay) Cutchogue, NY SCTM# June 29,2018,Notice of Disapproval based 1000-118-4-4. on an application for a building permit to 1:15 P.M.DAVID AND DIANE NELSON construct additions and alterations to an exist- #7223-Request for a Variance from Article ing single family dwelling,at;1)located less =II,Section 280-123 and the Building In- than the code required minimum side yard spector's June 25, 2018, Notice of Disap- setback of 10 feet;2)located less than the proval based on an application for a building code required minimum combined side yard permit to make additions and alterations to an setback of 25 feet-,at:120 South Lane,(Adj to existing seasonal cottage, at, 1) a non- Orient Harbor) East Marion, NY. conforming building containing a non- SCI'M#1000-37-6-3.4. conforming use shall not be enlarged,recon- 10:00 A.M -MICHAEL AND COLLEEN structed,structurally altered or moved,unless LOGRANDE#7224-Request for Variances such building is changed to a conforming use; from Article III, Section 280-15 and the at- 65490 Route 25, (aka Sage Boulevard, Building Inspector's July 6,2018,Notice of Breezy Shores Cottage#24,Adj.to Shelter Disapproval based on an application for a Island Sound)Greenport,NY.SCI'M#1000- building permit to demolish an existing single 53-5-12.6. family dwelling and accessory barn and build 1:30 P.M. - 1855 DEPOT LANE, LLC., a new single family dwelling and accessory BRUCE BROWNAWELL AND ANNE garage,at; 1) existing accessory garage lo- MCELROY#7226SE-Applicants request a cated in other than the code required rear yard; Special Exception under Article III Section 2) proposed accessory garage partially lo- 280-13B(14).The Applicants are the owners cated in other than thecode required rear yard; _ requestingauthorization to-establish an Ac- at: 550 Fleetwood Road, Cutchogue, NY. cessory Bed and Breakfast,accessory and in- SCTM#1000-137-5-1. cidental to the residential occupancy in this 10:15 A.M. - DEBORAH OSTROSKY single-family dwelling, with three (3)bed- #7225-Request for a Variance from Article rooms for lodging and serving of breakfast to III,Section 280-13A and the Building Inspec- the B&B casual,transient roomers Located tor's August 9,2018,Notice of Disapproval at: 1855 Depot Lane, Cutchogue, NY. based on an application for a building permit SCTM#1000-102-1-9.1. to make additions and alterations to an exist- 1:45 P.M.-TRACY PECK AND DAVID ing accessory building,at: 1)more than the CORBETT#7209-(Adjourned from No- code permitted one dwelling on each lot;the vember 1,2018)Request for a Variance from proposed construction constitutes a second Article XXIII, Section 280-124 and the dwelling unit in the accessory building; at: Building Inspector's June 25,2018,Amended 1260 Koke Drive, Southold, NY. July 20,2018,Notice of Disapproval based on SCTM#1000-87-5-17. an application for a building permit to demol- 10:45 A.M. - ANDREW AND LINDA ish an existing single family dwelling and TOGA#7219-Request for a Variance from construct a new single family dwelling,at;1) Article =11, Section 280-124 and the located less than the code required minimum Budding Inspector's May 16,2018,Amended front yard setback of 35 feet,located at:1305 August 1,2018,Notice of Disapproval based Sigsbee Road, Mattituck, NY SCfM No. on an application for a building permit to 1000-144-2-6. construct additions and alterations to an exist- The Board of Appeals will hear all persons ing single family dwelling,at;1)located less or their representatives,desiring to be heard at than the code required minimum rear yard each hearing,and/or desiring to submit writ- setback of 50 feet;at:2425 Mill Creek Drive, ten statements before the conclusion of each (Adj.to Arshamomaque Pond)Southold,NY. hearing Each hearing will SCPM#1000-51-6-40. not start earlier than designated above Files 11:00 A.M.-RICHARD AND SIOBHAN are available for review during regular busi- HANS#7228-Request for Variances from ness hours and Article XXIII, Section,280-124,and the prior to the day of the hearing.If you have Building Inspector's August 9,2018,Notice questions,please contact our office at,(631) of Disapproval based on an application to 765-1809, or by email: KimF@ legalize an"as built"deck addition attached to f - t ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x 2�1 In the Matter of the Application of AFFIDAVIT OF MMC REALTY 2 FAMILY LIMITED PARTNERSHIP MAILING #7221 Applicants Land Identified as 1000-118-4-4 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Sarah Sinning, residing at Southold,New York, being duly sworn, depose and say that: On the 15th day of November, 2018, I personally mailed at the United States Post Office in Southold,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Sarah Sinning (Signature) Sworn to before me this �S day of November, 2018 (No ary Public) MARGARET C. RUTKOWSKI Notary Pubiic, State of New York No. 4y';2528 Qualified in Suffolk County Comrnission Expires June 3, fit/ 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. MMC Realty 2 Fam LTD Pai Lf icrship-Cirrito 118-4-5 Timothy K. McManus Michelle L. McManus 54 Sutton Place Rockville Centre, NY 11570 118-3-8.1 Menaker Trust PO Box 1019 Wilson, NY 83014 118-3-4.1 John J Stack Patricia E McCaffrey 7650 Nassau Pt Road PO Box 1296 Cutchogue, NY 11935 118-4-3 Christian R Zimmer Carol R Zimmer 173 Wellington Road Garden City, NY 11530 r RECEIPT 9214 7000 0000 0000 oola se RECEIPT RECEIPT 9214 7000 0000 0000 0014 51 ( 9214 7000 0000 0000 0014 44 FROM* FROM: FROM MOORE MOORE LAW OFFICE MOORE LAW OFFICE MOORE LAW OFFICE RE mmc realty 2 fam ltd part ! RE mmc realty 2 fam ltd part RE mmc realty 2 fam Itd part E ft SEND TO: f SEND TO. E SEND TO. John J Stack Menaker Trust I Timothy K McManus I Patricia E McCaffrey PO Box 1019 Michelle L McManus 7650 Nassau Pt Road Wilson ny 83014 54 Sutton Place PO Box 1296 Rockville Centre ny 11570 Cutchogue NY 11935 FEES. I FEES: I FEES. Postage 0 47f postage 0 47 ! Postage 0 47 eFee345 Certified Fee 345 Certified Fee 3 45 Return tum Receiptpt 2 75 E Restricted i Return Receipt 275 � Return Receipt 2 75 -Ilya�` Restricted Restricted/!� TOTAD %$6.67 TOTAL $6.67 ! TOT�L,� 3��.67 OLMARKRDATE r POS? RDA E f P,S,, ARK O v T II 1 USPS.com®-USPS Tracking®Results https://tools.usps.c�, o/TrackConfirmAction?tRe�fullpage&tLc... ALERT:ALL USPS® RETAIL LOCATIONS WILL BE CLOSED ON WED., DEC. 5 TO HONO... USPS Tracking' FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package + Tracking Number: 9214700000000000001444 Remove X Your item was delivered to an individual at the address at 12:00 pm on November 30, 2018 in AUGUSTA, GA 30906. G Delivered November 30, 2018 at 12:00 pm Delivered, Left with Individual AUGUSTA, GA 30906 Get Updates \/ Text & Email Updates u Tracking History u Product Information u See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. 1 of 3 12/5/2018 11:58 AM USPS.com®-USPS Tracking®Results v https://tools.usps.o7 - ~,,,o/TrackConfirmAction?tRef=fullpage&tLc... ALERT: ALL USPSO RETAIL LOCATIONS WILL BE CLOSED ON WED., DEC. 5 TO HONG... USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package + Tracking Number: 9214700000000000001451 Remove X Your item arrived at our USPS facility in WILSON, NY 14172 on November 29, 2018 at 9:42 am. The item is currently in transit to the destination. In-Transit November 29, 2018 at 9:42 am Arrived at USPS Facility WILSON, NY 14172 Get Updates \/ Text & Email Updates u Tracking History u Product Information u See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. 1 of 3 12/5/2018 11:57 AM USPS.com®-USPS Tracking®Results https://tools.usps.c o/TrackConfirmAction?tRef--fullpage&tLc... ALERT. ALL USPSO RETAIL LOCATIONS WILL BE CLOSED ON WED., DEC. 5 TO HONG... USPS Tracking' FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package + Tracking Number: 9214700000000000001468 Remove X Your item arrived at our USPS facility in SOUTHOLD, NY 11971 on December 4, 2018 at 9:35 am. The item is currently in transit to the destination. In-Transit December 4, 2018 at 9:35 am Arrived at USPS Facility SOUTHOLD, NY 11971 Get Updates \/ Text & Email Updates u Tracking History 1 of 3 12/5/2018 11:57 AM USPS.com®-USPS Tracking®Results https://tools.usps.c,- -;o/TrackConfi-mAction?tRef=fullpage&tLc... December 4, 2018, 9:35 am Arrived at USPS Facility SOUTHOLD, NY 11971 Your item arrived at our USPS facility in SOUTHOLD, NY 11971 on December 4, 2018 at 9:35 am. The item is currently in transit to the destination. December 4, 2018, 9:28 am Arrived at Unit SOUTHOLD, NY 11971 Product Information u See Less m CD cu 0- Cr v 0 Can't find what you're looking for? Go to-our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/fags/uspstracking-faqs.htm) 2 of 3 12/5/2018 11:57 AM 1 Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, December 05, 2018 12:15 PM To: 'Sarah Sinning' Cc: 'Betsy Perkins'; 'pcmoore@mooreattys.com' Subject: RE: MMC Realty 2 Family Partnership #7221 Attachments: 201812O511O411.pdf H i, See attached USPS Tracking on three recipients. I'm not familiar with the receipts you handed in and why they all are post marked Nov. 15, but two have not been received by recipients' post office until Nov. 29 and Dec. 4 (see attached). The receipt ending with 1444 was received in Augusta GA. Please explain. I will contact the Town Attorney to determine if the procedure was property implemented. Also, let me know why Zimmer wasn't sent notice. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809,Ex. 5011 E-mail;kimf@southoldtownnygov From: Sarah Sinning [mailto:sarahPmooreattys.com] Sent: Wednesday, December 05, 2018 11:50 AM To: Fuentes, Kim Cc: Betsy Perkins; pcmoore(amooreattys.com Subject: MMC Realty 2 Family Partnership #7221 Kim, We haven't yet received any green card receipts on the above referenced ZBA matter. If we receive any before tomorrows hearing we will gladly present them, although because of the closing of the post office we don't anticipate receipt of any before tomorrows hearing. Sarah Sinning Moore Law Offices Tel: (631) 765-4330 Fax: (631) 765-4643 51020 Main Rd. Southold, NY 11971 i Z&,1,,1AG BOARD OF APPEALS -' MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 5, 2018 Re : Town Code Chapter 55 -Public Notices for Thursday, December 6, 2018 Hearing - - ------------------ ----- --- ---------- ---- - -- - --- -- --- --- Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than November 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 4, 2018. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. —ti BOARD MEMBERS f _ _)Southold Town Hall Leslie Kanes Weisman,Chairperson so 53095 Main Road• P.O.Box 1179 �p !O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. G Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov D ZONING BOARD OF APPEALS In TOWN OF SOUTHOLD AUG - 8 2018 Tel.(631) 765-1809•Fax(631)765-9064 Southold To,vn Planning Board August 8, 2018 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. # 7221 MMC Realty2 Family Ltd Partnership Dear Mark: We have received an application to;legalize as built alterations to an accessory building being constructed under permit #42121Z. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Survey/site plan: John Gallacher Land Surveyor Dated April 23 2018; Floor Plan James Deerkoski Lic Professional Engineer Dated May 10, 2018 BOARD MEMBERS Southold Town Hall F S0 53uy� Main Road•P.O. Box 1179 Leslie Kanes Weisman,Chairperson �0 UjyOIO Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. Q 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoSouthold,NY 11971 �y�OUNTY,�� http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 August 8, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7221 Owner/Applicant: MMC Realty2 Family Ltd Partnership Action Requested: legalize as built alterations to an accessory building being constructed under permit #42121Z Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Survey/Site Plan: John Gallacher Land Surveyor Dated April 23 2018; Floor Plan James Deerkoski Lic Professional Engineer, Dated May 10, 2018 �� BOARD MEMBERS �OOF SU(/lyOlO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road -P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCO� +��v Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 April 2, 2019 Patricia Moore, Esq. 51020 Main Road Southold,NY 11971 Re: ZBA Application#7221, 1�Y1 hYIC' IQ2� a , Lt h1 i 44 PG�r/-(ti,� �•t�fo 7625 Nassau Point Road, Cutchogue SCTM No. 1000-118-4-4 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's March 28, 2019 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. In accordance -with the- conditions set forth in the enclosed decision, covenants and restrictions, approved by the Town Attorney's Office, shall be filed with the Clerk of Suffolk County within six (6)months from the date of this determination. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. S incerel T, .Kim E. Fuentes Board Assistant Encl. cc: Building Dept. N 15D, 38 = ssm � --- ms 1 s� �- • �4 $ -aaI --- P G pm 31 75.1 0Q-O __-----g 2 ym en y arq eY. laA S � � sr �JB 3 7A(c} ^7M' am am Y a nm Lei Q N \ m 6�', •� $ �C)4u N � � � wP 4 5 l _•�,+gyp G g "' L��� red 19 � • 6 — m e4 l"q 1 8 61 1 2A(c) 161 14, 42 60A(c) a 114 11 2A(c) •' Lagoon a J O .4 AA •�---••8 l / I /yl _ g, A� I •�_ 8 B, I `Y 4,9 \ B O 3 0 190, C g0 ll I. 's ,�re� � I 1 ro� �cl 00 AIM, UA Pa"c6VIkf \\ AS r eta�5 4o 118- 3 J-8. 1 Q 1 i 0t--3 1 I -- IuaeuawwoTHmmsEAuwmvERnes NOTICE mi i P�P ARE YdTMNTHE FIXLOWNG OSTRICIS E Somal B sExER 4�LV0 MAINTENANCE,ALTERATION,SALE OR -rI NPTFR T DISTRIBUTION OF ANY PORTION OF THE -- BeeusE SUFFOLK COUNTY TAX MAP IS PROHIBITED -- a�ulaN� vasrEvw LMTNOUTNRITTENPERMISSIONOFTHE r _ _..., _ _ TER _ �PEl1t PROPERTY TAX SEINIwCEAGE�NCY� .;%' .�..:: _-.K.. -� .,.:..- e...�x�..,sJY c' ^^".YYt^:`+.v!s*.u•a'al..�K:YX"r.-r,r.r-..._.....+�'��>>w�_ - ...p:u..y..«.» _ - aae..�t!�e^an'.:.p,v:�•n+ r'kn-u�'a'o»w.�.i. __ .->ti+ ..A{uu.�+�..n.a _ _ _ � f__«...�..._..i�Y.-r.:_��. ._ w...e-. +. - MY`u• - _ '•x"- _ - '^C ,sT �'t' ,.w.............. M....L.TivLl—_,....=4:-...;.�:.:.::.;}.���4-,_ u:z ..•, ,.�y;': '- _ y,.r,�..a s£...