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HomeMy WebLinkAbout7283 .5nu4j( �"�& `T2�3s� A ccesS "t In a" Vw lb re z - d3 ixod5)91,1-q- anwKce Cso ¢ — b� ap ')JitsP�c� SJ 6-h 1,5;)c 1 CHECK BOXES AS COMPLETED � 1 i ,JJ ( ) Tape this form to ( ) Pull ZBA copy of ( ) Check file boxes 1 0 o a CD CL a ( ) Assign next numl ° ,3-r cD outside of file fol N ( ) Date stamp entir ° file number 1Cn ( ) Hole punch entir 3 x o (D `"' o Z "' w (before sending 1 3 n CD N�G -n v �7 ( ) Create new Inde o -� ( ) Print contact infi = ' z � -4- CD v cQ N —G -1 � v E 0— ( ) Prepare transmi (D 3 � C ( ) Send original ap (p� o -u cn '30 to Town Clerk o X O v Q ( ) Note inside file 1 0 6 CO X and tape to insi( cry Co c ( ) Copy County Tao coco I neighbors and 3 s -n ( ) Make 7 copies z , 90 .. ( ) Do mailing labe p co � N Cn M r r aj5j tq - ailp c. W-fa ,� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� ®u��®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor; Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�� Southold,NY 11971 http://southoldtowrmy.gov ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD & f;Va � to pym Tel.(631) 765-1809•Fax(631)765-9064 MAY 3 0 2019 a Ma Sou hold Torn Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 23, 2019 ZBA Application No.: 7283 SE Applicants/Owners: Ronald and Anne Smith Property Location: 1530 Camp Mineola Road, Mattituck SCTM No. 1000-122-5-3.5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and detennines that this review falls under the Type H category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 15, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13)to establish an Accessory Apartment in an existing accessory structure. The applicant also requests a variance for the accessory apartment square footage of 830 sf where 750 sf is the maximum allowed. PROPERTY FACTS/DESCRIPTION: The subject property contains 81, 689.75 square feet with 299.07 feet along Camp Mineola Road, it then runs 352. 15 feet west to the rear property line, which is 239.76 feet running north,then 344.99 feet back east to the road frontage. The property is improved with a single-family two-story residence and a one-story accessory structure as shown on the survey by Scalise Land Surveying, dated November 8, 2018. ADDITIONAL INFORMATION: As per testimony given by the applicant's attorney,the accessory stricture was originally a garage which has a certificate of occupancy(#Z7369) issued in 1976. The applicant applied for a pool house permit in 2004 to convert the existing garage into a pool house. Within the next two years, although the proposed swimming pool was not built due to financial reasons,the Page 2,May 23,2019 7283SE, Smith SCTM No. 1000-122-5-3.5 garage was nevertheless converted into a pool house which received a certificate of occupancy in June 2006 (#Z—31612). The applicant's attorney explained that the pool house was subsequently converted into an apartment for use by the applicant's widowed Mother who is now deceased. The applicants are seeking to legalize the as built apartment for occupancy by their adult daughter. In addition to the Special Exception Permit approval,the applicants will need variance relief because the existing pool house exceeds by 80 square feet the 750-square foot maximum livable floor area permitted by code for an accessory apartment in an accessory structure(proposed accessory apartment is 830 square feet). The applicants submitted written evidence, and testified at the hearing that they are the current full-time residents of the main house and do not own any other residence. They also submitted a copy of an approved Suffolk County Dept. of Health Services sanitary system permit for the accessory apartment. Letters of support from the surrounding homeowners have also been received. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on May 9, 2019, at which time written and oral evidence were presented.Based upon all testimony, documentation, personal inspection of the property and the surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the first floor of the accessory structure with a non- conforming area of 830 square feet of livable floor area, where the code permits a maximum of 750 square feet, as described and shown on the floor plan signed by Meryl Kramer, Architect , and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area" dated February 5, 2019 and received by the Board of Appeals on February 12, 2019. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with all code requirements as defined in Section 280-13(B)(13) of the Zoning Code except for the size of the apartment. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet, but the accessory apartment will exceed 750 square feet of livable floor area, by 80 sq. ft. with an overall square footage of 830 sq. ft. all on one floor with only one full bathroom. (See variance relief standards below) 3. The applicant herein, owns and resides at the property and will continue to occupy the single family residence as a principal residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4), and as documented by copies of valid NYS Driver's License and Utility bills, and owners testimony. 4. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article 1I1, Section 280- 13(B)(13)0, 1-4). The tenant of the accessory apartment will be the owner's daughter, as evidenced by copies of valid NYS Driver's License, and testimony. 5. The owners' plans comply with the on-site parking requirements and provide for a total of five (5) parking spaces, above and beyond the required three. There are four parking spaces for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the site plan by Marshall Paetzel Landscape Architect dated January 9, 2019. Page 3, May 23,2019 7283 SE, Smith SCTM No. 1000-122-5-3.5 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion is/shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4)The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. Regarding the required VARIANCE RELIEF for an as built 830 square foot accessory apartment where the code permits a maximum of 750 square feet of livable floor area. the Board finds that: 1. Town Law§267-b(3)(b)(1). The requested relief will not adversely affect the character of the neighborhood or be a detriment to nearby properties because the proposed accessory apartment is as built, has been on the subject property for more than 40 years, will not change the size or appearance of the exterior of the existing accessory building, and has a substantial setback from the road. 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the structure is as built and reducing the size will require exterior and interior renovations that are financially impractical 3. Town Law§267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 10.6%relief from the code. 4. Town Law $267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law&267-b(3)(b)(5). The difficulty has been self-created. The applicant converted an accessory pool house into an accessory apartment without benefit of a Special Exception permit. : Page 4, May 23,2019 7283SE, Smith SCTM No 1000-122-5-3.5 6. Town Law&267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an 830 square foot accessory apartment in an accessory structure 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 Lehnert seconded by Member Acampora, and duly carried,to GRANT the variance as applied for and to GRANT a Special Exception Permit as applied for SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an annual renewal by a Code Enforcement Officer. It is the applicant's responsibility to apply to the Building Department each year to renew the accessory apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 2. This Special Exception permit cannot be transferred to new owners That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. In the event that this is a special permit subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento, Acampora and Lehnert. (5-0) /t�m �� — L ie tKanes Weisman, Chairperson Approved for filing �/ NIF NOTE SYMBOL LEGEND COUNTY OF SUFFOLK UTILITIES MARKED OUT BY OTHERS FND (DEDICATED FOR FUTURE ENTRY PURPOSE I (0 MO NOMI B MONUMENT FM LOT 7 N/F ® I P /I B SET x` TAX LOT 2 9 OLE JULE HOMEOWNERS ASSOCIATION CORP. � 0355 SPOT ELEVATIONS I —� �� TRAFFIC SIGNAL POLE REBAR S8>°O7_4O"E— (OPEN SPACE) , gg ®® - -- -- 344_99 1 �� UTILITY POLE O� --�-- + �, - -- - -- -- -- Z_ 110 >— GUY WIRE Cp R V I �10' o=====0 UTILITY POLE W/LIGHT o WOODED AREA LIGHT POLE '� MI WOODED AREA I IQ� I SIGN aAos N1 POST w r v.�.,....,,.+✓.�-+�'-"' FRE HYDRANT A NT RECEIVED © MANHOLE ( ) "A"-INLET �J EDGE OF 24Fg�1 0,- „B„_INLET CLEARING R b jS � ,.,,) `� ✓'� I'o` EDGE OF�0CLEARING II YARD NILNELTE T All, ZONING BOARD OF APPEALS �, + + 4, r• I YARD INLET O �r v� PLANTING I ® CABLE TV BOX ' S ' `� . + N �tih.�.,'J-J N ' I O Z A/C UNIT 20.5j OAa1 �� O -, w I rE ELECTRIC METER (Z-A. +I0, XL y �o� I © GAS METER +) + o v © WATER METER GV - v +oWATER 1, oar m 0O O I pd GAS VALVE wDI BIB G vO`0 ) � � WATER VALVE oliSTORry� aha } 00 t + ���1� P�Ca ��.0 t v0`0�O x J ( ��h�0 oO TEST HOLE B�R813' o�v ♦ Q� ao 4�Y o a 0 TREE + 0� c� + 'i-,. �-�+? ry m ' �O JILL' O ��"q- rn. a so ,�1�'' �_ it O til Iw Z SHRUB zzj ^00 a > ,� 3 ,� 100 t �,� }�--tOIL MARKOuT G)�,_, 0 _tel--Ia J rel • BOLLARD TAX LOT 3.4 I `' + 70 to I��{ . WETLAND FLAG r, ' tO + '4 m/� ,�00•. e� (GREEN) 0roti �� _OIL FILLtC 0�) ' - __/-fir” '`�' j D C DEPRESSED CURB 23.1 �`5 ') 1 LEC °` — 7` 2 �°_� w FE FENCE / FEN) j o I t ( �.�..,✓ :q o 1 MAS MASONRY �1 0 } ah A, rte! J a+O "�{ PLAT PLATFORM �0• ) rn CLIO- / 1 i ��- 1.71 s y�y FDD z 10. ^ N z^ �� lvCl WW WINDOW WELL o 0/1 a \'oWATER i 1 B/W BAY WINDOW 1ry0,{•+ a• O ,O �� Riyo J /EI __ o w a p,• /�. ` BIB c- I ` TAX LOT 3.5 /d/ ,yyh®` s lqN�� // 11/', ENTRANCE C E CELLAR g N w�.g a Y �¢ ECfCii 1 1 O/H OVERHANG FINAL t CRIC m 1; 30b = �c/c aE 3 A\�� R/0 ROOF OVER b h `�` 0 0ti0 r10`Y y� k� 4� ) �rl �'� 1 1 L 5 A LANDSCAPED AREA f 7 .8 N0 � �y ti lc( ? �)) -' CANT CANTILEVER REVIEWED" �,0� yam\ ►' SEE DEG1 / `-�' +�•�. t O WATER �_ _z w V LINE r, " �NoUSSE "4-� .J)) � ., IQs �w-3 ►�i LOT CLEARING AREA //�� ^J O Wb SHOWER /F:FL.¢17, ,- C \` �^ - _-/- - ®Pi1TE� (Il 31. RID E-34.68 �h -'�.J J o- r' a I '---`�'•---�JCJ�'o" �_ �"�I \_ -' _ / ✓ i \0' iC�a J �'J �(J_o r EUv 71���� `t 1 81,695.07 S.F. — 1.88 AC. CVI � . cjv � /� , � 62,523.68 S.F CLEARED a9ti �+ 1C�,�oC� L �Lr � �C �CJrJ o - -3'-)� 11 P,ROPAN;=-o tJ- + Co_ , �' 1 77% LOT CLEARED m i� ll�e I�C� 7� 5 DRV Q ♦06, N ,�`'� N �0�1 4R8 />-�, '�PLLANTIN^G - r 3• \ .% �)I � + 3� i N82Z-53'00"W GRAVEL LOT AREA �- GRAVEL TAX LOT 3.6 DRIVEWAY O `:y7 I 81,695.07 S.F. DRIVEWAY \moo GRAPHIC SCALE r 1.88 AC. I I ao 0 20 ao 1 '--------------------�— � lal / KRAUSE ROAD � ( IN FEET ) ! I I inch = 40 ft. 1 11 29 2018 SURVEY UPDATE WITH CLEARING AREA ADDED AER MJS REV DATE DESCRIPTION BY CHK p` NEW y SUFFOLK TAX MAP N0. Sc O,p SCALICE LAND � 1000-122.00-05.00-003.005 SU I ; JOB No. S18-2271 DESSURIBED UrSRVEYING P.C, A I w a y s 0 n P 0 i n DATE SURVEYED: 11/08/2018 MATTITUCK, TOWN OF SOUTHOLD 99-1o5 West Hoffman Avenue, Lindenhurst, New York 11757 SUFFOLK COUNTY, NEW YORK <1 Email MJScaliceQa mjslandsurvey com Phone 631-957-2400 Fax 631-226-2400 DR.:MC CREW.:AL SCALE: 1 40' 05088" S/-D \C�� PRACTICE FOR UND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS,INC THE CEftTIFICAPON IS LIMBED TO PERSONS FOR WHOM THE BOUNOARY SURVEY MAP IS PREPARED,TO THE TITLE COMPANY,TO THE GOVERNMENTAL AGENCY.AND TO THE LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP (4)THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE,(5)THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AND o LANDS MUST TNBE ESTIMATED IF ANY UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN,THE IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY (6)THE OFFSET(OR DIMENSIONS)SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FORA SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES,RETAINING WALLS,POOLS,PATIOS PLANTING AREAS,ADDITIONS TO BUILDINGS,AND ANY OTHER TYPE OF CONSTRUCTION (7) ' CEIVED FEB 012019 OUTDOOR WOOD ZONING BOARD OF APPEALS SHOWER STOOP O C UP BATHROOM LAUNDRY 5.75'x92' 104 6.2'x132' 53 sf 81 sf BEDROOM O O 14.1'x 14.5' W D 204 sf REF 0 CL 00 O O CL WOOD STOOP GREAT ROOM ❑ 421 sf VD ARC,y IN /� WOOD INAL IAP OF srooP «' EVI EWE D BY ZBA EE DECISION # IM` 3 DATED /� / a0 TOTAL LIVABLE FLOOR AREA-8 30 SF M E R Y L K R A M E R a r c h i t e c t SMITH RESIDENCE ACCESSORY APARTMENT FLOOR PLAN 2 6 0 H O RTO N S LANE 1/4" = 1'-0" POST OFFICE BOX 1600 SOUTHOLD, NY 1 1971 6 3 1 - 4 7 7 - 8 7 3 6 SMITH RESIDENCE 1530 Camp Mineola Road Mattituck, New York N/F COUNTY OF SUFFOLK (DEDICATED FOR FUTURE ENTRYPURPOSE) N/F 1 OLE JULE HOMEOWNERS ASSOCIATION CORP. (OPEN SPACE) I I S s 07'49'E marshal) poetzel x(20.04) - - - - - - - - - 344.99' LANDSCAPE ARCHITECTURE NO x(20.17) - -- - - - - - M j NORTH FORK HAMPTONS C14 ` (16.76) 5175 Route 48 PO Box 1397 o Mattituck,NY 11952 530 Montauk Hwy,#203 N Amagansett,NY 11930 / I axone: (631)209-2410 631)3115-5000 email: mail@mplastudio.com (19.62) - (� \� SURVEYOR: ID ; Scalice Land Surveying, PC 99-105 West Hoffman Avenue ° (t8o7) - - n Lindenhurst, NY 11757 Office: (631) 957-2400 `�f(18.54) Email: MJScalice@mjslandsurvey.com X � x(17.05) �. x(18.01) �' x(18.27) ARCHITECT: x x 1 / ,\ x(18.64) � �. Meryl Kramer Architect Pnij' / w (621)-477-8736 W210 Hortons Lane _ PO Box 1600 x(18'10) U- Southold, New York 11971 (17.47) �j (17.46) . O x(17.64) - -- W O I GARDEN AREA U _ j \\ w ' x(16.71) / Ox(18.71) \\\ EXISTING x(17.34) x(16.65) �c(18.50) -- BARN x(16.78) o EL 18.13' (18.31) 'o _-- x(17.41) x(16.89) _ - N \ ° GA(18.70) ;' \ x p , (17.90) x(16.55) x(16.77) x(17-.41) O ' x(17.92) O � x , x x x(17.70), °x(16.81) x(17.13) x(16.21) - - - EXISTING ' I �j (18.12) I � O - _ GRAVEL x(16.52) x(18.62) - (18.43) DRIVEWAY ;' SITE DATA: I x(17.54) x(16.45) EXISTING'MASONRX I j SCTM# 1000- 122.00-05.00-03.005 PATIO I I - Lot Area: 81,695.07 SF (or 1.88 acres) Ox(18.28) i i Zone. R-80 x(17.09) x(17.76) I I O (15.55) - J ,I °x(lb.lo) I EXISTING RESIDENCE NOTES: PFF EL 20.27' 'x 16.25 x(17.67) C (16.28) x(16.37)' ` 1. Existing conditions based on survey prepared by Scalice Land Surveying, PC �c(16.45) x(18.22) (18.72)x dated November,8th 2018. Ox(16.09) x(15.85) I EXISTING O Q 2. This drawing is for the purpose of x(16.73 -- MASONRY OO 1 z _ obtaining permits only. NOT FOR PARKING PARKING PATIO CONSTRUCTION. b ACCESSORY SPACE SPACE i 3. Unauthorized alteration of this plan is a violation of NYS Education Law. . , APARTMENT ' FF EL 17.99' " - - - I (16.15) EXISTING x(15.77) o GRAVEL x(14.92) O PARKING DRIVEWAY REVISIONS Q SPACE DATE DESCRIPTION LU PARKING PARKING I I (17.04) SPACE SPACE I N EXISTIN LO I 3O ® I GRAVEL o ao CD x(15.01) ' DRIVEWAY Z x(15.61) O N 82°53'09'W - - - - - - - - - - - - - - - - - - - - - 352.15' - - I - s e a / t`1DSC,gp� I �\Karl p '9•p 0 a a 0027A'3- FINAL MAP ry L E G E N D r"- OF NES REVIEWED BY ZBA SEE DECISION ## $ � -- PROPERTY LINE TITLE: DATED � /r _I O O EXISTING TREE U-1 SITE PLAN EXISTING EDGE OF CLEARING Z 75 x x EXISTING FENCE ^ - --- EXISTING OIL LINE EXISTING ELECTRIC LINE 0 10 20 - Q EXISTING WATER LINE Scale 1"=20'-O" UDRAWN BY: T. X(75.0') EXISTING SPOT ELEVATION CHECKED BON S.PAETZEL �_ DATE:2019.01.09 REVISED: SHEET 1 OF 1 baVlh�'�K BOARD MEMBERS Southold Town Hall -PUi Leslie Kanes Weisman,Chairperson ��®f ®��/y® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 / Patricia Acampora , ED Office Location. ci u�x_ 31 L"1141 Eric Dantes ., = ",t Town Annex/First Floor, Robert Lehnert,Jr. r �,® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��C®� Southold,NY 11971 9 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD C� D Tel.(631)765-1809•Fax(631) 765-9064 FEB 12 2019 oumijn TO : SOUTHOLD TOWN BUILDING DEPARTMENT ,�® OF Sou—L DLI) RE : VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure RECRUED ZBA Application : #7283SE Smith, Ronald &Anne (1000-122-5-3.5) MAR 0 5 2019 Date sent to Building : 2/5/2019 ?ONING BOARD OFAPPEA4S Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Survey: : Scalice Land Surveying, P.C., dated November 8, 2018 Plans: Meryl Kramer, Architect Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code vl�The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states- "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area ." The livable floor area cannot be verified. COMMENTS: Signature of revie Date d -r !9 Adopted by the Board of Appeals. May 18,2011 o�A r -ut COUNTS' OF SUFFOLK S RECEIVED 1� FEB 2 5 2099 ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Theresa Ward Department of Deputy County Executive and Commissioner Economic Development and Planning February 19, 2019 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 Smith, Ronald&Anne #7283 SE Daly III, Thomas 0284 Daly, Matthew et al #7285 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 A TOWN OF SOUTHOLD ZONING BOARD OF APPEALS RECEIVED Phone(631)765-1809 (631)765-9064 APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR ANFE� 0 k 2W9 ACCESSORY APARTMENT IN AN ACCESSORY BUILDING ZONING BOARD OF APPEALS Application No.: " Date Filed- Applicant(s)Name(s) Ronald Smith and Anne Hession Smith Applicant(s)Address 1530 Camp Mineola Road,Mattituck,NY 11952 (House No.,Street,Hamlet,Zip Code and mailing address if different from physical address) Applicant(s)phone number(s) c/o Martin D. Finnegan,Esq. Twomey,Latham, Shea,Kelley,et al. at 631-727-2180 [ ]I/we are the owners of the subject property I am the agent for the property owner and my Letter of Authorization and Transactional Disclosure Form is attached A Statement of Ownership and Interest: Ronald Smith and Anne Hession Smith is(are)the owner(s)of the property known and referred to as 1530 Camp Mineola Road Mattitu_ck 11952 House No. Street Hamlet Zip Code Identified on the Suffolk County Tax Maps as District 1000,Section_M Block 05 Lot(s) 3.5 Lot Size 1.88 Zone District R-80as shown on the attached deed and survey acres The above-described property was acquired by the owner(s)on 11-22-85 Uwe hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to Section §280-13B(13)of the Zoning Ordinance to establish an accessory apartment in an accessory building as shown on the attached survey/site plan and floor plan(s) B. Project Description: See attached statement. C. The applicant alleges that the approval of this special exception would be in harmony with the intent and purpose of said zoning ordinance,and that the proposed use conforms to the standards prescribed therein and would not be detrimental to property or persons in the neighborhood for the following reasons: See attached Statement. RECEIVED FEB 0 12099 D The applicant alleges that the following standards prescribed by Section§280- 13(B)(13)(a)-(k)of the zoning ordinance will be met- ZONING BOARD OF APPEALS a. The accessory apartment will be located in the accessory building. b. The owner of the premises shall occupy either the existing single-family dwelling or the accessory apartment in the detached accessory structure as the owners'principal residence.The other dwelling unit shall be occupied by a family member as defined in Section§280-4 of the code or a resident who is currently on Southold Town's Affordable Housing registry and is eligible for placement,evidenced by a written lease,for a term of one or more years. c. The accessory apartment shall contain no less than 450 square feet and does not exceed 750 square feet of livable floor as defined in Section§280-4 of the code(variance relief required) d. The accessory apartment will be located on one floor of the accessory building and will contain only one full bathroom e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey. f. Not more than one(1)accessory apartment shall be permitted on this parcel. g No Bed and Breakfast facilities,as authorized by Section§280-13(B)(14)hereof shall be permitted in or on the premises for which an accessory apartment is authorized or exists. h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. i. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. j. The existing accessory building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008,and is attached hereto. k. The existing building,together with this accessory apartment,shall comply with all other requirements of Chapter§280 of the Town Code of the Town of Southold. 1. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. E. The property which is the subject of this application(check all that apply): [ ]has not changed since the issuance of the attached Certificates of Occupancy [X]has changed or received additional building permits.Certificates of Occupancy for these changes are attached or will be fiimished [ ]has been the subject of a prior-7.3A d n s)(cop s are attached Ow er Signature Owner Signature COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) Sworn ore me t day of February 2019 (Notary Publ' ) Revised 06/2011 MARTIN D. FiNNEGAN Notary Public, State of New York No 01FI6056707 OuaLfied in S&olk Count Commission Expires March 26,�0 � Se, SMITH-HESSION SPECIAL EXCEPTION APPLICATION FOR ACCESS—OP APARTMENT IN EXISTING ACCESSORY STRUCTURE FEB 0 � 2099 PROJECT DESCRIPTION ZONING BOARD OF APPEALS The Applicants are seeking a Special Exception under Section 280-13(B)(13) of the Town Code to legalize an as built accessory apartment in an existing accessory structure and related area variance relief to provide housing for their adult daughter who lives and works in the Town. The accessory structure the Applicants' seek to legalize was originally a garage for which a Certificate of Occupancy (No. Z7369)was issued in 1976. (See Attachment#2). In 2004,the Applicant's applied for a building permit to convert the garage into a pool house, it being there intention at that time to construct an accessory pool in their rear yard. While debating over the design of the pool,the construction of the pool house commenced and was completed in early 2006. A Certificate of Occupancy was subsequently issued on June 17, 2006. (See Attachment #2). By that time, an unforeseen change in family circumstances and financial constraints mandated that the Applicant's postpone the pool construction. That postponement carried on when the Applicants were hit with the reality of college tuitions and an aging parent who needed assistance. The Applicants would like to proceed with pool construction but their priority is providing affordable housing for their daughter who is in the dawn of her career. Because the pool house was not designed with the livable floor area restrictions in mind,the existing structure exceeds the allowable 750 square feet of floor area by 80 square feet. In light of the fact that the subject premises is nearly 2 acres in size and the accessory structure is in a conforming location, the Applicants submit that the required variance relief is not substantial. The existing structure is otherwise compliant with all requirements of Section 280-13(B)(13),to wit,there are at least four available parking spaces (See Attachment#5), the living space of the accessory apartment is on one floor,the apartment is improved with a full bath and one bedroom and there are no other accessory apartments on the premises. In addition, the Applicants own and reside in the single family residence on the property and will continue to occupy the same as their principal residence. The Applicants further submit that the granting of the relief requested herein will not have an adverse impact on the property or the surrounding neighborhood. An accessory structure has been existing in the same footprint for over 40 years. A few years after the pool project was scuttled, the Applicant's made minor modifications to the structure that were necessitated by their need to provide housing to Mr. Smith's mother who was widowed and infirm. Her use and occupancy of the structure as an apartment until she passed away had no discernable impact on, any adjacent property. The modification of accessory structures such as this to provide affordable housing for family members is entirely consistent with the standards in Section 280- 142 of the Town Code and, as such,the Applicants respectfully requested that they be granted a Special Exception to legalize the existing structure asan accessory apartment. ttI=CEIVED QUESTIONNAIRE FEB, 0 12019 FOR FILING WITH YOUR ZBA APPLICATION ZONING BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N/A 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel existing single family home Mth accessory structure and the proposed use same with accessory apartment (ex.existing single family,proposed.same with garage,pool or other) Authorized signatur and Date ECEIVED FEB, 0 12019 ZONING BOARD OF APPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications . requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239ni and 239n of the General Municipal Law. 1 Name of Applicant: Ronald Smith and Anne Hession Smith 2. Address of Applicant: 1530 Camp Mineola Road,Mattituck,NY 11952 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: Special Exception/Area Variance to legalize accessory apartment in accessory structure 6. Location of Property:(road and Tax map number) 1530 Camp Mineola Road,Mattituck,SCTM#1000-122-5-3.5 7. Is the parcel within 500 feet of a farm operation? {,XYes {}No 8. Is this parcel actively farmed? {) Yes {XNo 9. Name and addresses of any owiier(s)of land within the agricultural district containing active fain operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 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 Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 61 Z20 RECEIVED Appendix B FED 0 R 2019 Short Environmental Assessment Form Instructions for CompBONING BOARD OF APPEALS leting Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to fiuther verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to filly 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: Smith Special Exception for Accessory Apartment Project Location(describe,and attach a location map): 1530 Camp Mineola Road,Mattituck,NY 11952 Brief Description of Proposed Action: Legalize as-built accessory apartment in accessory structure. Name of Applicant or Sponsor: Telephone: 631-727-2180,X-265 Martin D.Finnegan,Esq-,c/o Twomey,Latham,et al. E-mail: mfinnegan@suffolklaw.com Address- P.O.Box 9398 City/PO: State: Zip Code: Riverhead NY 11901-9398 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 m 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: X 3.a Total acreage of the site of the proposed action? 1.9 acres b.Total acreage to be physically disturbed? N/A acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.9 acres 4 Check all land uses that occur on,adjoinnng and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial EResidential(suburban) ❑Forest 4XAgricuiture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED �9 6 5. Is the proposed action, '`,`�' c NO YES N/A a.A permitted use under the zoning regulations? 70NING BOARD OF APPEAL.` X b.Consistent with the adopted comprehensive plan X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape9 X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodues regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban [XSuburban 15.Does the site of the proposed action contain any species of annual,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17 Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑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) FEB If Yes,explain purpose and size: X 70NTNG BOARD OF APPtALS 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe. X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor ria .Finnegan,Esq. Date: 2 I Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 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?" No,or Moderate small to large impact impact may may occur occur 1 Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of unportant 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 / f No,or Moderate small to large impact impact ZONING BOARD()F APPEALS may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED FEB 0 12019 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to Provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Ronald Smith and Ann Hession Smith (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) _Special Exception Accessory Planning Apartment Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or ID)the actual applicant DESCRIPTION OF RELATIONSHIP C°r Submitted this- d bruary 20 19 Signature e 4W Print Name Ronald Smith and Anne Hession Smith RECEIVED AGENT/REPRESENTATIVE FER Q 12019 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever, action is necessary to avoid same. YOUR NAME: Martin D.Finnegan,Esq. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Special Exception Accessory Planning Apartment Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP i � Submitted this \ Februar 20 19 Signature Print Name Martin D.Finnegan,Esq. Twomey V Latham IA-3-56 SHEA, KELLEY, DUBIN & QUARTARARO, LLP Martin D.Finnegan Partner 631-727-2180,x-265 Thomas A.Twomey,Jr. mfinnegan@suffolklaw.com (1945-2014) Stephen B Latham John F Shea,III Christopheri Kelley February 8, 2019 David M Dubin Jay aro t Peterr MottM Mott Janice L Snead Anne Mane Goodale By Hand Bryan Van Cott Kathryn Dalti Laura I.Dunathan Lisa Clare Kombrink Ms. Elizabeth Sakarellos Patrick B Fife Martin D Finnegan o Town of Southold Zoning BoarAppeals of A eals Reza Ebrahimi P.O. Box 1179 Jeffrey W.Pagano ® Southold,NY 11971-0959 Bryan J.Drago Bernadette E Tuthill Re: Special Exception Permit Application fo Smith Craig H Handler Alexandra Halsey-Storch Premises: 1530 Camp Mineola Road,M , NY Melissa S Doris SCTM#1000-122-5-3.5 Katerina Grinko Lorraine Paceleo Terrence Russell Dear Liz: Daniel R.Bernard t• Christina M Noon Regarding the referenced Application, enclosed please find the OF COUNSEL completed LWRP Consistency Assessment Form to be included in the Kevin M Fox Kelly E.Kinirons Application packet that was filed with your office on February 1, 2019. Karen A.Hoeg Patricia J Russell Jennifer P.Nigro ♦ Please let me know if you require anything further regarding this Application. Thank you! NY&LA BARS t LL M IN TAXATION ♦ NY&NJ BARS O NY,NJ&PA BARS 7Mart' y •s' NY,NJ&DO BARS ♦ NY,NJ&FL BARS Main Office lane an 33 West Second St. g P.O. Box 9398 Riverhead,NY 11901 MDF/lk 631.727.2180 Enclosure suffolklaw.com Town of Southold LAMP CONSISTENCY A '4 �., C SSESS. LEN I >NOR1V1 A. INSTRUCTIONS 1. All applicants for permits* including Towm 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('.oastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTi1'I# 122 _ 05 _ 003,005 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. M Board of Trustees Zoning Board of?appeals X- 1. Category of Towin--ol Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity;agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Special Exception review for accessory apartment in an accessory structure Location of action: 1530 Cainp Mineola Road.Mattituck,NY Site acreage: 1.88 acres Present land use: Residential Present zoning classification: R-80 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: Ronald and Anne Hesston Sinith (b) Mailing address: 1530 Camp Mineola Road Mattituck,NY 11952 727-2 180 ck)Martin D.Finnegan.Esq. (c) Telephone nuinber:Area Code e') (d) Application munber,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes F] No Fx] If yes,which state or federal agency?_ DEVELOPED COAST POLICY E.XFMP'T ACHON Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes ❑ No n Not Applicable --------------- ------------ ------ 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 nr Yes I r-1 No n Not Applicable Attach.additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes F No © Not Applicable 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 IH—Policies Pages 8 through 16 for evaluation criteria M Yes R No o Not Applicable 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 11 Yes R No D Not Applicable 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. o Yes o No© .Not Applicable Attachadc_hfiona1_sheets if i-f necessary PolicyPolicy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes F No F Not Applicable 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. R Yes F-1 No R Not Applicable —--------——------ 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 IAVRP Section TH—Policies; Pages 38 through 46 for evaluation criteria. FF]_ Yef] No❑ Not Applicable —--—--------- ----—-- Attich additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes 7 No D Not Applicable X ------------------------- ----------- 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. F]Yes F-1 No M Not Applicable —----------- ——-------- —-—----- 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. 0 Ye"S'F-1 No FI I Not Applicable ------ ——---- —------- -—----------- —-------- 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. — y F] 'es'l❑ No R Not Applicable Created on 512510511:20 AM RECEIVED FEB 0 A 2019 Board of Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) 1, Ronald Smith&Ann Hession Smith residing at 1530 Camp Mineola Road (Print property owner's name) (Mailing Address) Mattituck,NY 11952 do hereby authorize Martin D.Finnegan,Esq. (Agent) c/o Twomey,Latham,et al. to apply for variance(s) on my behalf from the So ld ZoninQfARpeals. (Owner's Signature) 1 (Owner's Signature) Ronald Smith and Ann Hession Smith (Print Owner's Name) "am X0. a TOWN OF SOUTHOLD � 56 BUILDING DEPARTMENT RECEIVED Town Clerles Southold, N. Y. FEBit 2019 ZONING BOARD OF APPEALS Certificate Of Occupancy No. Zbhpb. . . . . . Date . . . .. . . . . . . .Awil. 16. •E.8 7.1029 9. 5 La THIS CERTIFIES that the building located at .W/8.Camp.Mineola A. . . . . Street Map No. . .x= . . . . . Block No. . . .= . . . .Lot No. i=. .llattitm&. . X•X.•. . . . .. . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . .gor.• 1a► . ., 19. .73 pursuant to which Building Permit No. . 6"7% dated . . . . . . . . .WAY, 1 4 . . . . ., 19. .73 was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy for which this certificate is issued is . . .PrIvata .mo. A .al,�.�ra+oAQ&. . , . The certificate is issued to . jobu .81al.tiok . .. . . .. .mar . . . . . . . . . .. .. . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . .WAP. . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . .appsnual. by.J.& .Macki.- .4/15n5. HOUSE NUMBER . . . .1206 . . . . . Street . .Ole .yule .La. . .. . .. . . . . . . . . .. . . . . . . . . . . .. .. .. . . . . . .1534. . . .. . . . . ... .911M.NAM01.A .19. . . . .. .. . . . . .. . . . . aOTEo addition on SA corner to be completed. �g . G``(. .G. . . Building r FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Town Clerk's Office FEB @ 12019 Southold, N. Y. BONING BOARD OF APPEALS Certificate Of Occupancy No. .27369 . . . . . Date . . . . . . . . . . . Aotr. . . .1 ., 19. 76 THIS CERTIFIES that the building located at 13/8. Ole .7cle La.& W/.ESPARP c; Map No..1t . . . . . . . . . Block No. Lot No. 3=. . . Xatt;LtuCk. . .N.Y.. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . April. 1%9 76. pursuant to which Building Permit No. . .7824Z dated AMU. 19-75, was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Accassory .building .(barn & .others,) ucith. .fenci.ng. . . . . . . . . . . . . . . The certificate is issued to ao]lm. WCAOX. . . . .QWAQr . . . . . . . . . . . . . .. . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval X*R* . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. X*R` . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . HOUSE NUMBER 1295 . . . Street . .Ole. .%Tu3.a 1azw . . . . Mattituck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector FORM NO. 4 lowosg RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT FEB.0 12019 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31612 Date: 06/13/06 THIS CERTIFIES that the building ACCESSORY POOL HOUSE Location of Property: 1530 CAMP MINEOLA RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 122 Block 5 Lot 3.5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 21, 2004 pursuant to which Building Permit No. 30882-Z dated JANUARY 6, 2005 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 POOL HOUSE IN THE REQUIRED REAR YARD AS APPLIED FOR. The certificate is issued to RONALD SMITH & ANNE HESSION (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-04-0142 05/25/06 ELECTRICAL CERTIFICATE NO. 6659 08/25/05 PLUMBERS CERTIFICATION DATED 01/20/06 MIKE JACOBI PLUMB.&HEAT. Authorized Signature Rev. 1/81 r r d i i r• 1 a �r�,` ~a� � F•; Tom` - •� •R —OVA&JJ Fuentes, Kim From: Martin Finnegan <mfinnegan@suffolklaw.com> Sent: Thursday, May 02, 2019 11:27 AM To: Fuentes, Kim Cc: Lynne Krauza Subject: Smith Acc Apt. Application Attachments: 30882-Z (dragged).pdf Hi Kim, At the inspection on Tuesday,Rob asked for a copy of the septic permit. Attached is the stamped plan showing the location of the septic for the pool house/acc apt. Can you please pass this on to the ZBA members Thanks. ATTENTION:This email came from an external source Do not open attachments or click on links from unknown senders or unexpected emails. Martin D. Finnegan,Esq Twomey, Latham, Shea, Kelley,Dubin&Quartararo,LLP 33 West Second Street, P.O.Box 9398, Riverhead,NY 11901 T 631 727.2180 x 265 nifinnegan@suffolklaw.com I www.suffolklaw.com CONFIDENTIALITY NOTICE: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please notify the sender and pennanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. HAY 0 2019 �� r I r ; SUBDI r<ISIO_N ��p � f I 7-�7�;nc OP f" ILEO W 7hE O IVRY t�17[ P ON FEBRU CE OF THE CLERK OF \\�\ Ry G. 7993 AS KFILE NOFF9327 COUNTY N/0/P & AIELLO MArELL Jpr a LOT , --? �¢ OLE JULELANEHN/O/P E �S81'07'40 E 040' )SSOCIATIQNCpRp(OPENSPCE �� $ jx ai i 1 �fv r � , c IIJ �t alt 344.1199, r f .29• t, a $ g m11 "0c ptivNk`fact' I� i 0 r � o d Yeo T zo 0 2 Q � ddff,•i� 1 w yJt c�sr moa cmfx 7-5 O f Af C ' N �"' SEa71c ry,N EA2[Lg0 srFog `� L~ f«may C,; R4ME , ,;• DECK G Bad F House �0oc ECK 7 1 ® .y%J W 4 ODD r 6® n122' _ 11"-�w'1�~kW — 81� — 9�� �• un — 33 ' Ln N IH2 i 2S e' m 4 �-^ V7 'F pMEY Yr p d ,,gdfetiip,,. pP1N7RRR RFI, SiFg ✓a.FCTRIC N _ T +7` Ootrto0ca smwe, PoOt House 'W 'J,lY' y f 1 f J--."ATR4N a g W N 82"53'40" W tjjjj{{1 t 1 F rp4. �d �� TwomeyF Latham Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 07���� mfinnegan@suffolkla coin RECEIVED Thomas A Twomey,Jr. (1945-2014) �Eg0�9 Stephen B.Latham John F.Shea,ul February 1, 2019 Christopher D Kelley David M.Dubin s. ZONING BOARD OF APPEALS Jay P Quartararo t Peter M.Mott By Hand Janice L.Snead Anne Marie Goodale Bryan C Van Cott Kathryn Dalli Ms. Leslie Kanes Weisman, Chairperson Laura I Dunathan Zoning Board of Appeals Lisa Clare Kombrink Patrick B Fife Town of Southold Martin D.Finnegan O P Reza Ebrahimi P.O. Box 1179 Jeffrey W.Pagano . Southold,NY 11971-0959 Bryan J.Drago Re: Application for a Special Exception Permit for an Accessory Bernadette E Tuthill PP P P rY Craig H.Handler Apartment in an Accessory Building Alexandra Halsey-Storch Premises: 1530 Camp Mineola Road Mattituck NY Melissa S.Doris > > Katerina Grinko SCTM#1000-122-5-3.5 Lorraine Paceleo Terrence Russell Daniel R Bernard t• Christina M Noon Dear Chairperson Weisman and Members of the Board: OF COUNSEL With respect to the above-referenced Application, enclosed please find Kevin M Fox Kelly E.Klnirons an original and eight(8) copies of the following documents for your review as Karen A Hoeg well as a check made payable to the Town of Southold in the sum of$500 Patricia J.Russell Jennifer P Nigro • representing the required filing fee: NY&LA BARS 1. Original executed and notarized Application with attached t LL M IN TAXATION ♦ NY&NJ BARS narrative of the Project Description; O NV,NJ&PA BARS ■ NY NJ&OC BARS 2. Copies of Certificates of Occupancy and Deed; NY,NJ&FL BARS 3. Copy of Property Record Card; Main Office 4. Copies of PSEG Long Island bill and Owners' drivers' licenses; 33 West Second St. Y t 5. Currensurvey and site plan; lan• P.O.Box 9398 Riverhead, NY 11901 6. Copy of stamped floor plan; 631.727.2180 7. Original executed ZBA Questionnaire, Agricultural Data suffolklaw.com Statement and Short Environmental Assessment Form; 8. Executed Owners' Authorization and Transactional Disclosure Forms signed by Owners and Agent; and 9. Color Photographs of existing structure. FEB 0 1 ?0"9 Ms. Leslie Kanes Weisman February 1, 2019 ZONING BOARD OF APPEALS Page 2 of 2 Kindly advise if you require any further documentation in order to place this matter on your next available Agenda for a public hearing. Thank you for your consideration. Ve ours, Martin D. Finnegan MDF/lk Enclosures cc: Ronald Smith and Anne Hession Smith Standard N Y9.T,n Form 5002�20ai —dugain amt Sale Deed,with Covenants ap-t G—loet Aaa—Individual m Corpmutwn (single film) U , CONSULT YOUR LAWYER oEFORa SIGNING THIN INSTRUMENT-THIS INSTRUMENT SHOULD IR USED BY LAWYERS ONLY THIS INDENTURE, made the 22 day of November nineteen hundred and eighty-f iMECEmr ,, BETWEEN �1 120 1 c�9 JOHN SIMICZCH, JR. and CATHERINE SIMICICH, his wife, both resid 0 1t2 0 at no #, Bergen Avenue, Mattituck, New York; BOARD OF APPEALS party of the first part,and _7'k,UH, ;S wart Ir�sT o f}S SUt,,r7 S�RY•Y�nSNw� RONALDASMITH'and ANNdHESSIONA residing at 131 Artist Lake Difue, Middle Island, ,New York. 1.)1)5✓ .e i.�STRECT ,SECTION SLOCK L.Ot t party of the second,part,e 12 17 21, WITNESSETH,that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the at Mattituck, Town of Southold, 'County of Suffolk_ and State of New York, bounded and described as follows: - District 1000 BEGINNING at a monument set on the westerly side of Camp Mineola Road' (private Road), distant 1295.41 feet southerly as measured Section along the westerly side of Camp Mineola Road from the corner '122.00 formed by the intersection of the southerly side of Suffolk Avenue with the ,westerly side of Camp Mineola Road; Block: 05.00 RUNNING THENCE South 7 degrees 07 minutes 00 seconds West along the westerly side,of Camp Mineola Road, 229.07 feet to a point; Lot: . 003.00 TIiENCE north 82 degrees 53 minutes west 352,15 feet to land now or, formelry of 'Kalous; THENCE north 8 degrees •52 minutes 20 seconds East •along the last-mentioned land 239.76 feet to land now or formerly of Van Maren; THENCE south 81 degrees 07 minutes 40 seconds East along the last mentioned land 344.99, feet to the westerly side of Camp Mineola Road, the point or place of BEGINNING. TOGETHER with' an easement for ingress and egress over Camp• Mineola Road out to the nearest public highway:" r- _ VED' j $fR5TA7E , . nEc i3 ties- r I 3L TRANSFERTAX i SUrFCI .K. COUNTY TOGETHER with all right,title and interest,if any,of the party,of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first,part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of Lhe second part forever. 1.tt WS 1� AND f1� "yy"of,t1ie.first r�covenants that the party of the-first part has not done or suffered anything whereby the satd,preir�%sgs { encumbered In any way whatever,except as aforesaid. AND the tafp;of; bt *"' t art, to compliance with Section 13 of the Lien Law,covenants that rhe party of the first part will receive the consideration for this,conveyance and will hold the right to receive such consid-' cration as a trust fund to be applied first for the purpose of paying the cost of the improvement4nd will-apply the same first to the payment of the cost of the improvement before using any part of the total of�the same for any,other purpose. �y The word "party" shall be construed as if it read"parties' whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly-executed this deed the day and year first above written. IN PRESENCE OF: - _-__._ - -• -. _...._.___ .. ,_,1_/ � ��oJ.�%iii-�-.�Gn.�G 1bLIETTE A. KINSELL RECORDED. C 13 1985' f Clerk Of Suffolk County y REGEIVEn FEB 01 70s9 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. ar-r,,-r•r•• E AN11 Gam'f _r b. k I. T S ' W TYPE OF WILDING C - 4 C P�-4,eY's K t_ou� RES. /p SEAS. VL FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS o 0 3 a a o ya a o ��., �' �� ✓•�.� , �. 2- Y66 60a 1A,6 d 673 S-lb '�7Z 500. U-,rah, re ytWi /e T.Sin+/ci�N. Sr. d rvr o? 00 > .,3La6 sX *fie2f'7 CO '.off 0610 ZOQo 7l o-w r(G 40 V116/75 &Z. � r' 8'2 z �U+CD LTi !3l Oki into SPtrT .� -.I-8'a E -r L I CON T N _ So111 �J 0610 8 NQ �.S/14�c�/e ff /I F jf O J krF- f 3Ja" NEW NORMAL BELOW ABOVE "R�/fCO 5,�+i%c4 ic� /, 7J'Ii//`Q y�r `P9F P �97 FARM Acre Value Per Value Acre (i f Tillable I 3 -,T Ick .!okrt�F! 95y00�7 Tillable 2 Tr Tillable 3 Woodland •'4_7 Swampland FRONTAGE ON WATER 3rushland FRONTAGE ON ROAD -louse Plot / u o DEPTH 14.10 v v v BULKHEAD Total DOCK RECEIVED ZONING BOARD OF APPEALS COLOR AlnWRAL "�* Y TRIM r Ike qZ 111 a M. Bldg. oundation L+ i Both Z Dinette Extension �O S—p q 7asement Floors Sive 0 K. Extension a t. Walls �voL �� 1�• Interior Finish LR. Extension ta x a 3 - o2 74 3 y/ j 3 ire Place Heat t ti DR. Type Roof Rooms 1st Floor BR Porch 6 - yp yG8 ecreation Room Rooms 2nd Floor FIN. B. - Porch Dormer V J/11 c." Breezeway riveway -_--_ _ -- Garage .9 D Y pria Kf9 :� f S"D /8G Total ,/ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD --------------------------------------------------------rX In the Matter of the Application of Ronald and Anne Smith #7283 SE For a Special Exception Permit for an Accessory Apartment in an Accessory Structure pursuant to Section 280-13(B)(13) of the Code of the Town of Southold and for related Area Variance Relief ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANTS, RONALD AND ANNE SMITH, IN SUPPORT OF THE RELIEF REQUESTED TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP Attorneys for Applicants By: Martin D. Finnegan, Esq. 56340 Main Road Southold, NY 11971 (631) 727-2180 Dated: May 9, 2019 STATEMENT OF FACTS The Applicants are seeking a Special Exception under Section 280-13(B)(13) of the Town Code to legalize an as-built accessory apartment in an existing accessory structure and related area variance relief to provide housing for their adult daughter who lives and works in the Town. The accessory structure the Applicants' seek to legalize was originally a garage for which a Certificate of Occupancy (No. Z7369) was issued in 1976. In 2004,the Applicants applied for a building permit to convert the garage into a pool house, it being their intention at that time to construct an accessory pool in their rear yard. While debating over the design of the pool, the construction of the pool house commenced and was completed and the Town issued a Certificate of Occupancy on June 17, 2006. By that time, an unforeseen change in family circumstances and financial constraints mandated that the Applicants postpone the pool construction. The Applicants would like to proceed with pool construction but their priority is providing affordable housing for their daughter who would like to continue her career here in Southold Town. The subject premises is a 1.88 acre (81,695.07 S.F.) parcel in the R-80 Zoning District. It is bounded on three sides by residential properties and lies across Camp Mineola Road from a parcel of PDR land owned by the Norris Estate. The property is currently improved with a two- story, single-family residence, the accessory garage/pool house and a dilapidated barn, all of which are located in conforming locations as depicted on the survey drawn by Scalice Land Surveying, P.C., dated November 8, 2018. The Applicants, Ron and Anne Smith, reside in the single-family residence and will continue to do so. The Accessory Apartment that the Applicants are seeking to legalize has 830 square feet of livable floor area on one floor with a full bath and one bedroom. As depicted on the Site Plan prepared by Jonathan Karl Paetzel, dated January 9, 2019, there is on-site parking for five (5) cars on the premises. The Applicants V`6 submit that the granting of area variance relief required to allow the additional 80 square feet of livable floor area to remain will have no adverse impacts on the adjacent property owners. For the following reasons, the Applicants submit that the granting of a Special Exception under Section 280-13(B)(13) is warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF A SPECIAL EXCEPTION UNDER SECTION 280-13(13)(13) OF THE TOWN CODE Section 280-13(B)(13) of the Town Code permits the Zoning Board of Appeals to issue a Special Exception permit for an accessory apartment in a lawfully existing accessory structure subject to the following requirements (stated in pertinent part): a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. b) A minimum of three off-street parking spaces shall be provided on the premises. c) Not more than one accessory apartment shall be permitted on a lot. d) The accessory apartment shall meet the requirements of an apartment as defined in the'Town Code. e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. f) The existing accessory structure shall comply with all other requirements of this chapter. g) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. h) No bed-and-breakfast facilities shall be permitted in or on premises for which an accessory apartment is authorized or exists. i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with Section 280-13(®) and the following requirements: a. The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: L A family member... b. No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. c. An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. j) (intentionally omitted) k) No special exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in Sections 280-142 and 280-143, specifically finds and determines the following: a. that the granting of the special exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. b. That the granting of the special exception will not adversely impact the character of the neighborhood in which it is located. c. That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. d. That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. e. That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. f. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties from possible detrimental impacts of the proposed use. The Applicants submit that under the facts and circumstances presented here, subject to the granting of area variance relief relating to the existing livable floor area, they can clearly meet the standards set forth in Town Code Section 280-13(B)(13) and as a result, the Special Permit requested herein should be granted. A. The Granting Of An Area Variance For An Additional 80 Square Feet Of Livable Floor Area Is Warranted Under The Standards Set Forth In Town Law Section 267-B And The Facts And Circumstances Presented Here. The existing accessory structure has 830 square feet of livable floor area where 750 square feet is allowed. There is no feasible way to modify the layout of the apartment to eliminate the non-conforming eighty (80) square feet. Since the accessory structure is sited on a parcel that is nearly 2 acres in size and is otherwise conforming to all dimensional requirements in the Town Code,the Applicants submit that the required variance relief is not substantial. The relief requested is for interior space and as such, it will not have any impact on the character of the neighborhood nor will it create a detriment to nearby properties. In fact, the Applicants have received letters in support of this Application from several neighbors. B. The Evidence presented confirms that the Applicants have satisfied all remaining Town Code requirements for the issuance of a Special Exception. The Applicants submit that there is evidence,in the record that confirms the following: 1) The accessory apartment has only one bathroom and the entire livable floor area is on one floor. 2) There are five(5) available off street parking spaces where three (3) are required. 3) There will be no more than one accessory apartment on the premises. 4) The accessory apartment has its own septic system that has been approved by the Suffolk County Department of Health Services. 5) The accessory apartment will be occupied year round by the owner's daughter, Rebekah Smith, as her principal residence. 6) The Applicants own and occupy the existing single-family residence as their principal residence and will continue to do so. 7) The use and occupancy of the accessory apartment will not violate any of the standards in Section 280-142 of the Town Code nor will it implicate any of the concerns listed in Section 290-143. 8) Letters in Support from neighboring residents confirm that the granting of a Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel or the character of the neighborhood. CONCLUSION For the reasons set forth herein, it is respectfully submitted that the Applicants have satisfied the criteria for the issuance of a Special Exception for an Accessory Apartment in an existing Accessory structure set forth in Town Code Section 280-13(B)(13) and the standards for the issuance of the required area variance relief and, therefore, respectfully request that the relief requested herein be granted in its entirety. Dated: Southold,New York May 9, 2019 Respectfully Submitted, TWOMEY, LATHAM, SHEA, KELLY, DUBINRO LLP Atto ys for App ' s By: in nnegan, Esq. 56340 Main Road Southold,NY 11971 T: (631) 727-2180 F: (631) 574-1258 ' guFFOL� ELIZABETH A.NEVILLE,MMC ,10� COGy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER ,!► o`. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �o� �,`� 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: February 13, 2019 RE: Zoning Appeal No. 7283SE Transmitted herewith is Zoning Appeals No. 7283SE for Ronald &Anne Smith: J The Application to the Southold Town Zoning Board of Appeals ,e `Applicant's Project Description Questionnaire _Agricultural Data Statement _Short Environmental Assessment Form _,/ Applicant/Owner Transactional Disclosure Form(s) N, Agent/Representative Transactional Disclosure Form(s) �LLWRP 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- 4-o Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- �Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork-j�b 11 --, Lk firl tie '►" n SE ki 31 It n of Southold P0Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/13/19 Receipt#: 251551 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7283SE $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#2093 $500.00 Smith, Ronald &Anne Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Smith, Ronald &Anne 1530 Camp Mineola Rd Mattltiuck, NY 11952 Clerk ID: JENNIFER Internal ID 7283SE TYPESET Mon Apr 22 14.44:18 EDT 2019 more than the code permitted maximum lot Applicants are the owners of subject property LEGAL NOTICE coverage of 20%,at 16500 Main Street,New requesting authorization to create an Acces- SOUTHOLD TOWN Suffolk,NY SCTM#1000-117-9-13 sory Apartment in an existing accessory ZONING BOARD OF APPEALS 10:30 A.M.-DIANE ARPAIA#7273-Re- structure measuring 830 sq ft in living floor THURSDAY,MAY 9,2019 questfor a Variance under Article XXIII,Sec- area, at- 1530 Camp Mineola Road, Mat- PUBLIC HEARINGS tion 280-124, and the Building Inspector's tituck,NY.SCTM#1000-122-5-3 5. NOTICE IS HEREBY GIVEN,pursuant to November 8, 2018 Notice of Disapproval 1:45 P.M.-RONALD COONS#7244(Ad- Section 267 of the Town Law and Town Code based on an application for a permit to legal- joumed from March 28,2019)Request for Chapter 280 (Zoning), Town of Southold, ize"as built"additions and alterations to an Variances under Article III,Section 280-15; the following public hearings will be held existing single family dwelling, at, 1) less Article )XIII, Section 280-124, and the by the SOUTHOLD TOWN ZONING than the code required minimum side yard Building Inspector's September 27, 2018, BOARD OF APPEALS at the Town Hall, setback of 15 feet;at 1900 Wunneweta Road, Notice of Disapproval based on an applica- 53095 Main Road,Southold,New York on Cutchogue,NY SCTM#1000-111-4-22 tion for a permit to demolish an existing THURSDAY,MAY 9,2019. 11:00 A.M. - STRITZLER FAMILY dwelling and construct a new single family 9:30 A.M. - 1050 WEST COVE ROAD, TRUST#7277-Request for a Variance under dwelling,at; 1) less than the code required LLC,#7268-Request for Variances under Article XXII,Section 280-116(A)(1);and the minimum front yard setback of 35 feet,2)less Article III,Section 280-15;Article IV,Sec- Building Inspector's December 21,2018 No- than the code required minimum rear yard tion 280-18, Article =I, Section 280- tice of Disapproval based on an application setback of 35 feet;3)an existing shed located 116A(1);and the Building Inspector's Sep- for a permit to construct additions and alter- in other than the code required rear yard;at: tember 21,2018 Notice of Disapproval based ations to an existing single family dwelling, 5206 Great Peconic Bay Blvd,Laurel,NY on an application for a permit to construct at,1)located less than the code required 100 SCTM#1000-128-2-21 additions and alterations to an existing single feet from the top of the bluff,at.955 Sound- 2:00 P.M.-PETER PATINELLA#7263— family dwelling and to construct an accessory view Avenue, (Adj to Long Island Sound) (Adjourned from April 25,2019)Request for in-ground swimming pool, at; 1) proposed Mattituck,NY.SCTM#1000-94-1-8. Variances under Article III,Section 280-14, additions to the single family dwelling lo- 11:15 A.M.-T'URKLANARKLAN#7279- and the Building Inspector's November 8, cated less than the code required 100 feet from Request for a Variance under Article XXII, 2018,Amended November 13,2018 Notice the top of the bluff,2)proposed in-ground Section 280-105 and the Building Inspector's of Disapproval based on an application for a swimming pool located less than the code January 14,2019 Notice of Disapproval based permit to demolish an existing single family required 100 feet from the top of the bluff;3) on an application for a permit to legalize an dwelling and construct a new single family proposed addition to the single family "as built"six(6)foot high fence in the front dwelling,at; 1)less than the code required dwelling is less than the code required mini- yard of a single family dwelling,at;1)more minimum side yard setback of 10 feet,2)less mum rear yard setback of 50 feet;4)proposed than the code permitted maximum four(4) than the code required minimum total side swimming pool is partially located in other feet in height when located in the front yard, yard setback of 25 feet,3)more than the code than the code required rear yard; at: 1050 at- 55 Eastward Court, Mattituck, NY. permitted maximum lot coverage of 20%,at:' West Cove Road(Adj to Cutchogue Harbor), SCTM#1000-115-7-11 440 South Lane, East Marion, NY. Cutchogue,NY SCTM#1000-111-5-1. 1:00 P.M-SHAWN P.FITZGERALD RE- SCTM#1000-38-6-12 9:45 A.M.-RYAN STORK#7269-Request VOCABLE LIVING TRUST#7276-Re- The Board of Appeals will hear all persons or for a Use Variance under Article III,Section quest for an interpretation pursuant to Article their representatives,desiring to be heard at 280-13(C),and the Building Inspector's No- III,Section 280-13(A)(1),and the Building each hearing,and/or desiring to submit writ- vember 15,2018 Notice of Disapproval based Inspector's December 14,2018 Notice of Dis- ten statements before the conclusion of each on an application for a permit to alter the approval based on an application to amend a hearing. Each hearing will not start earlier second floor of an existing accessory garage building permit#41621 (construction of an than designated above Files are available for into recreational space,at,l)proposed recrea- accessory pool house)for"as built"interior review during regular business hours and tional space in the accessory building is not a alterations,at;1)as to whether an"as-built" prior to the day of the hearing.If you have permitted accessory use,at 1140 Park Ave- structure constitutes a second dwelling unit questions,please contact our office at,(631) nue,Mattituck(Adj to Cutchogue Harbor), by design,at:495 Paddock Way,(Adj.to Wolf 765-1809, o r by email- k i m f @ Cutchogue,NY.SCTM#1000-123-8-1 Pit Lake)Mattituck,NY.SCTM#1000-107- southoldtownnygov 10:00 A.M.-THOMAS KENNEDY#7271 4-2.10. Dated-April 25,2019 -Request for Variances under Article III,Sec- 1:15 P.M.-SV GREENPORT,LLC#7275- ZONING BOARD OF APPEALS tions 280-13C and 280-15;ArticlelV,Section On appeal from Building Inspector's October LESLIE K A N E S W E I S M A N, 280-19; Article XXIII, Sections 280-123A 17,2018 Notice of Disapproval and pursuant CHAIRPERSON and 280-124; and the Building Inspector's to Article I,Section 280-4 and Article X)IV, BY.Kim E.Fuentes October 30, 2018 Notice of Disapproval Section 280-127 of the Town Code, 1)Re- 54375 Main Road(Office Location) based on an application for permits to legalize quest interpretations that(a)Applicant's pro- 53095 Main Road(Mailing/USPS) "as built"additions to an existing single fam- posed work at the subject property is not gov- PO Box 1179 ily dwelling,to an existing non-conforming emed by the current Town Code definition of Southold,NY 11971-0959 accessory cottage, and to an existing non- 'Hotel and Motel,Transient,'such definition 2341350 conforming tool shed at;1)as-built addition does not require Applicant to remove the ex- to single family dwelling is less than the code isting kitchen facilities inthe existing units on required minimum side yard setback of 10 the subject property,and the Building Depart- feet,2)as-built accessory structure(deck)is ment improperly disapproved Applicant's located in other than the code required rear building permit application based on such yard, 3) as-built addition to the accessory definition,(b)Applicant may continue to use, cottage is not a permitted,pursuant to Article maintain, and renovate the existing kitchen XXIII,Section 280-123 A which states"A facilities in the units on the subject property, non-conforming building containing a non- (c)the Building Department may not require conforming use shall not be enlarged or Applicant to comply with the restrictive defi- structurally altered or moved,except as set nition of'Hotel and Motel,Transient' or to forth below,unless the use of such building is remove kitchen facilities from its units to ob- changed to a conforming use"; 4) as-built tain a building permit for proposed renovation addition to tool shed located less than the code and other work on the subject property,and required minimum rear yard setback of 5 feet, (d)site plan approval is not required for Ap- r) as-built changing room and shower at- plicant's proposed work on the building and tached to the existing tool shed is not permit- units at the subject property,2)Request an- ted, at. 12005 Route 25,East Marion, NY, nulment of the Building Department's 'No- SCTM#1000-31-5-2 tice of Disapproval' and direction that a 10:15 A.M.-TRACY MINUCCl/WHITE building permit be issued;upon property lo- CAP NORTH FORK,LLC#7272-Request cated at-59725 County Road 48,Greenport, for a Variance under Article XXIII,Section NY.SCTM#1000-44-2-23. 280-124 and the Building Inspector's De- 1:30 P.M.-RONALD AND ANN SMITH cember 6,2018 Notice of Disapproval based #7283SE-Request for a Special Exception on an application for a permit to construct an under Article III,Section 280-13B(13) The accessory in-ground swimming pool, at, 1) #0002341350 STATE OF NEW YORK) )ss: �� COUNTY OF SUFFOLK) 011 Kimberly Gersic 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 05/02/2019 —�JM6A[4,4 6A�� Principal Clerk Sworn to before me this day of 20 ICI TRISTINAINSKI NOTARY PUBLIC-STATE OF NEW YORK - - - -- — No.01V06105050 - 9uoiltied In Sufioik County My Commission Expires February 28,2020 I, 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 ® �� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,Southold,NY 11971 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, MAY 9, 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, MAY 9, 2019: 1:30 P.M. - RONALD AND ANN SMITH #7283SE - Request for a Special Exception under Article III, Section 280-13B(13). The Applicants are the owners of subject property requesting authorization to create an Accessory Apartment in an existing accessory structure measuring 830 sq. ft. in living floor area; at: 1530 Camp Mineola Road, Mattituck, NY. SCTM#1000-122-5-3.5. 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: April 25, 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 ;__:,`71NG 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 V 54375 Main Road and Youngs Avenue, Southold website: bgp: /southtown.northfork.net April 12, 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, May 9, 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 April 22nd: 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 April 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 May 1St: 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 May 7, 2019-. .If.y_o-u_aree_n9t able_to.meet the deadlines stated in this_ letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HdUSE NUMBER ALINAYS)� - Very truly yours, Zoning Appeals Board and Staff Ends. 1+IuTIt:. E U' F HEA',, R1i4k';i "he following application will be heard by the Southold Town Board of Appeals at Town Hall , 5309'5 Main Road, Southold: . 'AME : SMITH , RONALD AND ANN # 7283SE .? CTM # mE 1000- 122-5-3 . 5 CARIANCEmE SPECIAL EXCEPTION VEQUESTmE ACCESSORY APARTMENT IN AN EXISTING ACCESSORY STRUCTURE LATE : THURS . , MAY 9 , 2019 1 : 30PM 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 MAY 91019 � Y. Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Premises: 1530 Camp Mineola Road, Mattituck,NY SCTM#1000-122-5-3.5 To the Members of the Zoning Board of Appeals: We reside at adjacent to/near/in the vicinity of the Smith propgrty. We have received notice of their request for a permit for an accessory apartment in an existing accessory structure and for related variance relief. We do not believe that the proposed accessory apartment will have any adverse impacts on our neighborhood and therefore we have no objection to the granting of a special permit and variance. Name r l� MAY 9 2019 �f Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Premises: 1530 Camp Mineola Road, Mattituck, NY SCTM#1000-122-5-3.5 To the Members of the Zoning Board o ppeals: tj1q�� We reside at adjacen to/near/in the vicinity of the Smith property. We have received notice of their request for a permit for an accessory apartment in an existing accessory structure and for related variance relief. We do not believe that the proposed accessory apartment will have any adverse impacts on our neighborhood and therefore we have no objection to the granting of a special permit and variance. JE tIC,17 ame MAY 9 7019 �rl, Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Premises: 1530 Camp Mineola Road,Mattituck, NY SCTM #1000-122-5-3.5 To the Members of the Zonm Board of Appeals: 2ro 156� A-CW4 Nkw2-0 ccs. R� . We reside at r- e�CJ C, adjacent to/near/in the vicinity of the Smith property. We have received notice of their request for a permit for an accessory apartment in an existing accessory structure and for related variance relief. We do not believe that the proposed accessory apartment will have any adverse impacts on our neighborhood and therefore we have no objection to the granting of a special permit and variance. Name MAY 9 2019 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Premises: 1530 Camp Mineola Road, Mattituck, NY SCTM#1000-122-5-3.5 To the Members of the Zoning Board of Appeals: We reside at l l D-S 0(i J(L 11 (�Ar-k— adjacent to/near/in the vicinity of the Smith property. We have received notice of their request for a permit for an accessory apartment in an existing accessory structure and for related variance relief. We do not believe that the proposed accessory apartment will have any adverse impacts on our neighborhood and therefore we have no objection to the granting of a special permit and variance. am .�ar��i HAY 9 2019 1' Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Premises: 1530 Camp Mineola Road, Mattituck, NY SCTM #1000-122-5-3.5 To the Members of the Zoning Board of A peals: 0'( .001'�) e4ei of /1�4 We reside at IG 90 '54 MP 41 R,AJf 1 Rkjacent to/near/in the vicinity of the Smith property. We have received notice of their request for a permit for an accessory apartment in an existing accessory structure and for related variance relief. We do not believe that the proposed accessory apartment will have any adverse impacts on our neighborhood and therefore we have no objection to the granting of a special permit and variance. &rsertNam,e( )) J fes. .r-7 9 2019 , r Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Premises: 1530 Camp Mineola Road, Mattituck,NY SCTM #1000-122-5-3.5 To the Members of the Zoning Board of Appeals: We reside at i �0,5 0lie )"k Ile LA adjacent to/near/in the vicinity of the Smith property. We have received notice of their request for a permit for an accessory apartment in an existing accessory structure and for related variance relief.. W � believe that the proposed accessory apartment will have any adverse impacts on r P a d therefore we have no objection to the granting of a special permit and variance. / ` ' Name Y 9 1019 ` J Town of Southold Zoning Pp Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Application for a Special Exception Permit for an Accessory Apartment in an Accessory Building Premises: 150 Camp Mineola Road, Mattituck, NY SCTM #1000-122-5-3.5 To the Members of the Zoning Board of Appeals: We reside at 0, adjacent to/near/in the vicinity of the Smith property. We have received notice of their request for a permit for an accessory apartment in an existing accessory structure and for related variance relief. We do not believe that the proposed accessory apartment will have any adverse impacts on our neighborhood and therefore we have no objection to the granting of a special permit and variance. c Name k TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF sem, �Yl# In the Matter of the Application of. MAILINGS n� RONALD AND ANNE SMITH - _-- -----------------___ —(�tam�o �pplicant/Owner) 1530 Camp Mineola Road Mattituck, NY 11952 SCTM No. 1000-122-5-3.5 (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( X ) Agent Lynne Krauza residing at Aquebogue New York, being duly sworn, deposes and says that: On the 18th day of April , 2019 , I personally mailed at the United States Post Office in Riverhead ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of-the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (X)Assessors, or(- ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) SN%n to before me this d y of Aril 52019 Geraldine L.Fanning Notary Public State of New York (Notary Public) Suffolk County Lic. #01 F 8137548 COMM.`EXR 11/28 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. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. SCTM#1000-114-12-14.6 Ole Jule Lane Homeowners Association Corp. Att: William J. Kluender 64-06 Myrtle Avenue Glendale, NY 11385 M :r- y ED ir ° qF C3 .0 Certified Mall Fee °jfl $ $ 119011 Extra Services&Fees(checkbox,add tee a p or, lel —117. O ❑Retum Receipt(hardcopy) $ J,1! E ❑RetumReceipt(electronic) $ Yl7_I117 Postamu ~``•� E3 ❑Certified Mail Restricted Delivery $. d:r� r rfr_ Hja J . 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Service Type ❑Prionty Mail Express® ❑Adult Signature ❑Registered MallTM II I ISI II I I I �I I f�I I �I I I II IIII I�I II I III ❑Adm' ature Restricted Delivery ❑Registered Mail Restricted ef81"rhfied Maii® Delivery 9590 9402 2784 6351 2385 02 ❑certified Mail Restricted Delivery ❑Return Receipt for I ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) - ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTTM I _ - _ -— ee.m- - - ❑Signature Confirmation 70170190 0000 7460 9834 ed Delivery Restricted Delivery I PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt V - w SCTM 41000-122-10-2 Darla and Joseph Doorhy 1125 Ole Jule Lane Mattituck,NY 11952 ro ir � o ,U Certified Mall Fee O 111 3mc(I $ EXtra Services&Fees(check box,add feea bpd ate) � os Q ❑Return Receipt(hardcopy) $ $11JII I ❑Return Receipt(electronic) $ 00 Poark p_t 1:3 Il C3 ❑Certified Mail Restricted Delivery $ +t--' n'rf— le U)i 1-3 [:]Adult Signature Required $ '�t ❑Adult Signature Restricted Delivery$ C3 Postage D-' $0.55 ) a` r3 Total Postage and Fees �i 4��`8,'/:2�t1 $ $ba85 r� Se�ntTo Q � S t and Apt. o.,or P Box No. n= -------- Q , tate Zf ® P ® e 7Recby777 Complete items 1,2,and 3. ��:_`� tO it it your name and address on the reverse " essee`So that we can return the card to you. (Printed Name) livery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. is delivery address different from Item 1? ❑Yes `o{� If YES,enter delivery address below: ®No C c7�56( II 1111111 IIII III I III II�� III Ilii II II 10101��� 3. Service Type ❑Priority Mall Express® ❑Adult Signature 13 Registered MailT"i ❑Adult ature Restricted Delivery ❑Registered Mail Restricted ified Mail® Delivery 9590 9402 2784 6351 2384 96 ❑Certified Mail Restricted Delivery ❑Return Receipt for 0 Collect on Merchandise ❑Collect on Dehvery Restricted Delivery ❑Signature Confirmation TM 2. Article Number.(Transfer from se� rvice lab?iI r ❑Signature Confirmation I 7 017 19 0 ` 0000.-;,7460 .9 8 41 ; _ ` ,cted"Delivery- Restricted Delivery _PS Form ,July 2015PSN 7530-02=000-9053 Domestic Return Receipt SCTM#1000-122-5-3.4 Roberta M. Kalous P.O. Box 418 Mattituck,NY 11952 ru co U- M ALTIIT:UCKFEN'Y 119 2 (? ° C3 U C E -D Certified Mall Fee 17�- $ $3.511 ExtraServices &Fees(checkbox,add ree C3 ❑Retum Recelpt(hardcopy) C3 ❑Retum Recelpt(electronic) $ tk lel ,ilii r�3pOStnarlG. v C-3 ❑Certified Mail Restricted Delivery $ $n1.00 t°u Here `O 0 E]Adult Signature Required $ — E]Adult Signature Restricted Delivery$ U Postage 0 Total Postage and Fees (14/18/2019 $ $6.85 � Sent To ��J� D & ` = �—p c4 � uFireef en�tlQApt-Np c or P0_Box No.---�l�-- cry z�a{N 1�f�:�//�L/`��lV� 1 - t - I COMPLETESENDERin / / / ON DELIVERY ■ Complete items 1,2,and 3. A. lure ■ Print your name and address on the reverse X 13 Agent Si so that we can return the card to you. hLI" IPAddressee ■ Attach this card to the back of the mailpiece, B• ceived b (P- t d e) C. gate of De very or on the front if space permits. oh- / t 1. Article Addressed to: D. Is delivery address different from item 1? E3 Yes //0.r (� If YES,enter delivery r W. ❑No rn 1 I 3. 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Article Number(Transfer from service label) I❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM - ❑Signature Confirmation 7 017 0190 0000 74609827 Icted Delivery Restricted Delivery PS Form 3611,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SCTM#1000-122-5-3.6 Steven and Ellen Berger 1600 Camp Mineola Road Mattituck,NY 11952 @Hff a MOO*, i C3 Dom-• lid o . o yl,ad a G fm 0 —0 Certified Mad Fee $ c 3a.tf1 it Extra Services&Fees(cneckbox,edd tee epp re) y 1 !n07 C3 ❑Return Receipt(hardcopy) $ ®�`% �\ C3 ❑Return Receipt(electronic) $ e:A r ifY �t Postrn@pv e ❑Certified Mall Restricted Delivery $ 1"'� „ He VV C3 F-1 Adult Signature Required $—��'�/,— LU i [:]Adults �Adult Signature Restricted Delivery$ o!rr� T' Q 0 Postage 81e,ej / E3 Total Postage and Fees (14/180/2(19 $ 8685 1� Sent To i] Street and AR No. or PO Box --------------- """"""""" P- p v_ ----------- --------- ------------------------------------------ i Ci tate f+4/®y�.�ny�to� ae'WO ( ^�nc,n n'� '�•�c-r`yy---aKs a -- ? D • • •MPLETEL THIS SE-CtION OAf DELIVERY ® Complete items-1,1z" A. Si ature l U Print your name and address on the reverse 0 A so that we can return the card to you. 2lddressee 11111111 �!Attach this card to the back of the mailpiece, B• Received by(Printed Name) C.,DPte of q�eliyery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 IJYes If YES,enter delivery address below: E3No 2_0M to-WP ! II I IIIIII III II I III I II II I III IIII I II I II I II III 3. Service Type ❑Priority Mail Express ❑Adult Signature ❑Registered MaiTM ❑Adult�iguature Restricted Delivery ❑Registered Mali Restricted, Delive 9590 9402 2784 6351 2385 26 1:1 Certified Mail Restricted Delivery ElRetu n Receipt for ❑Collect on Delivery Merchandise 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM T r �- r inm.ro l noon; 0 Signature Confirmation I 7 017 0190 0000 7460 9810 ' restricted Delivery ; Restricted Delivery PS Form 381i,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I 11 SCTM#1000-114-12-19 (private road) Owners: Anne and Ronald Smith,Nettie and Frank Was,Nancy and Ronald Condron& Steven and Ellen Berger Nancy and Ronald Condron 760 Camp Mineola Road Mattituck,NY 11952 NOTE: Owners Nettie and Frank Was were not able to be located by the Southold Town Assessor's S office under that last name and therefore no contact information was available for a notice to be sent. d� co o MATtTIT ,,CK r_ 111952a ? t € .0 Certified Mad Fee M 0901 $ 50 go bra Services&Fees(check box,add fee a te) I1.1 tl ❑ReturnReceipt(hardcopy $ �� Cn ❑Return Receipt(electronic) $ 4;fj 0 7— = Post�k � � []Certified Mail Restricted Delivery $ $0.CJA H 1, 0 ❑Adult Signature Required $ n --- - Ln []Adult Signature Restricted Delivery$ N Postage $0.5C $ tl�t�1, ?fll C3 Total Postage and Fees $ $6.85 N SSent T 0eio!�Ao. U ------------------ --2- �p p- --- lry, ;0iSGS o :oo L:�ID�L� re err• _ � O � A. Signature o Complete Items 1, ,afd 3. � iJ ❑Agent ■ Print your name and address on the reverse p Addressee so that we can return the card to you. g eceived by Ptr ed Name C. Date of Delivery ■ Attach this card to the back of the mailpiece, 1 �� ?� or on the front if space permits. l� 1. Article Addressed to: D. Is delivery a dress different from item 1? Yes G (�- AO/t ! ��f`o if YES,enter delivery address below: ❑No LfL_+&A� II �IIIII IIII I�I I I I I I II I II IIIII IIIIIIII II II III 3. Service Type ❑Priority Mail Express ❑Adult Signature ❑Registered MaiIT"� 4?t Signature Restricted Delivery [I Registered Mall Restricted ified Mail® Delivery 9590 9403 0880 5223 5699 95 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature GonfirmationTm 2_Article_Number_fTransfer from service label):_.__ n i �,.re+"null ❑Signature confirmation 7 0170190 0000 7 4 6 01 -9780 1 Restricted Delivegr Restricted Delivery PS'Forni 3811,July 2015 PSN 7530-02_000_9053 _ Domestic Return Receipt r L SCTM#1000-122-5-4 Susan Norris P.O. Box 66 Mattituck, NY 11952 cc Er 11A T1�Tll�1!a`�lYi ifi952 , C� L.� l Ole is � � � FE -D Certified Mad Fee $3.50 0901 Extra Services$Fees(check box,add fee a ate) 0 El - 1�7 Return Receipt(hardcopy) $ 1 1 11 I /,- E3 ❑Return Receipt(electonic) $ $0 00 '��Vstmark v, E3 ❑Candied Mall Restricted Delivery $ A,rte— re ED ❑Adult Signature Required $ p _ E]Adult Signature Restricted Delivery$ $rJ 00 �� C3Postage Er $0.55 rR $ E3 Total Postage and Fees ,x'/20 $ $6.35 Sent To C3 Q✓l D (�(/ (S lree�--- --- ---------------------------- - Street a A No.,o Pd Box No City t fe,ZI+—tb ---------- (Z� '� :oa ef .Cf:l�� r• .e�•e. .-,"��i'i�'11;.�"4,:u -°.m ^ • • • 6N DELIVERY. Ini ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse13 Agent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, Received by(Printed N�`�'e) C'.IIto of Deliv or on the front if space permits. ,/�� �tf�c "7� H)0 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ckn 0(1- C t S- If YES,enter delivery address below: ❑No AW III IIII II I I III I I I I III III I II I I II I I I Service Type ❑ Mail Express® 11 13Regist ❑Adult Signature Registered Mall"M � ❑Ac�ylt Signature Restricted Delivery 1]Registered Mail Restricted ertiried Mail® Delivery 9590 9402 2784 6351 2385 33 ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 11 Signature Confirmation""" ' T� ❑Signature Confirmation I _ f 7 017 019 0 0 0 0 - 7460' 980-3t Itiicted Delivery Restricted Delivery ,7S— 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt f SCTM#1000-114-12-14.7 County of Suffolk 330 Center Drive Riverhead,NY 11901 s � ■ , A D 0 ■ 0 a 0 Ir N Ir RIVCRHI* 7rNY7LI r;Y Certified Mad Fee $ $3.501901- Extra Services&Fees(checkhox,add fee ��ayypp �yeto) ���----(J7�`•� ❑Return Receipt(hardcopy) $ r141 ❑Return Receipt(electronic) $ Post %k J' C3 ❑Certified Mail Restricted Delivery $ rrr$0.FI i— •? Heab V) O ❑Adult Signature Required $ �5r � � ❑Adult Signature Restricted Delivery$ Q. C3 Postage Er $ $0.55 S �_ �2A Ir Total Postage and Fees 01411 V 19 $ $`0.05 Sent To �� �� E3 ---- r E3 Street an Apt.No,odd Ox - 33O ----------------- �' �,ryrar,��P+ate I :re r rr •, - SENDER .MPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items i,2,and 3. igna0.] ■ Print your name and address on the reverse X ,rr Agent so that we can return the card to you. � C3 Addressee ■ Attach this card to the back of the mailpiece, ceived by nted N ) C. Date of Delivery or on thefrogt if space permits. — _ 1. Article Addressed _ t@' D. Is delivery address di re item 1? Yes CKIf YES,ente(delivery addres a ow: o II I IIIIII IIII III I III I I II I I III IIII I II I IIII III 3. Service Type �-�` ElPriority Express® 13 Regist ❑Adult Signature ❑Registered Mallrm M11Signature Restricted Delivery E3Registered Mail Restricted, 9590 9402 2784 6351 2385 40 ❑certified Mall Restricted Delivery E3Return Receipt for :32- Collect on Delivery Merchandise 2-_n.+��o-N��mher_ITransferfrom_service Zabel ❑Collect on Delivery Restricted Delivery ❑Signature ConftrmationTm ❑Signature Confirmation 7 017 0190 0000 7460 9797, II Restricted Delivery Restricted Delivery h PS Form 38111 July 2015 PSN 7530-02-000-9053 Domestic Return Receipt, r i =t TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK ������ AFFIDAVIT OF1--� In the Matter of the Application of: POSTING Ronald and Anne Smith SCTM No. 1000-122-5-3.5 (Name of Applicants) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, Martin D. Finnegan residing at Mattituck ,New York,being duly sworn, depose and say that: I am the ( ) Owner or(X) Agent for owner of the subject property On the 29th day of April , 2019 , I personally placed the Town's Official Poster on subject property located at: 1530 Camp Mineola Road Mattituck, NY 11952, , indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearin l hearing date was shown to be May 9, 2019 (Owner/A t 'gnature) Sworn to before me this 2nd Day of May , 2019 KATp�lA Qill�pYEZADA (Notary P lic) No"P664loft ofNmYo k N&G101111081, 78 * near the entrance or driveway entrance of p p- W" rby Twomey VA' Latham Martin D.Finnegan S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham John F Shea,III April 18, 2019 Christopher Kelley David D David M Dubin Jay P Quartararo• f Peter M.Mott Janice L.Snead Via Certified Mail, Return Receipt Requested Anne Marie Goodale Bryan C Van Cott 9 Kathryn Dalll Ole Jule Lane Homeowners Association Corp. Laura I Dunathan Lisa Clare Kombr ink Att: William J. Kluender Patrick B.Fife 64-06 Myrtle Avenue Martin D Finnegan O Reza Ebrahimi Glendale, NY 11385 Jeffrey W Pagano Re: Town of Southold Bryan J Drago Bernadette E Tuthill Zoning Board of Appeals Application for Special Permit Craig H Handler For Accessory Apartment Alexandra Halsey-Storch Melissa S Doris Owner: Ronald and Anne Smith Katenna Grinko Lorraine Paceleo Premises: 1530 Camp Mineola Road,Mattituck, NY Terrence Russell SCTM#: 1000-122-5-3.5 Daniel R Bernard Christina M Noon Dear Mr. Kluender: OF COUNSEL Kevin M Fox Kelly E.Kinirons This office represents Ronald and Anne Smith with regard to their Karen A Hoeg i i f request or a special exception to permit an accessory apartment for a family Patricia J Russell q p p p �' p Y Jennifer P Nigro © member in the existing accessory "pool house" structure at the above- referenced premises. NY&LA BARS t LL M IN TAXATION 4 NY&NJ BARS A public hearing has been scheduled for Thursday, May 9, 2019 at 1:30 O NY NJ&PA BARS p.m. at Southold Town Hall, 53095 Main Road, Southold, NY. A copy of the Main Office Legal Notice and survey depicting the structure under consideration are 33 West Second St. enclosed for your review. P.O. Box 9398 Riverhead, NY 11901 631.727.2180 If you have any questions with regard to this Application, please suffolklaw.com feel free to contact me. Ve r urs, innegan MDF/lk Enclosures TwomeyaFL h . SHEA, KELLEY, DUBIN Rc QUARTARARO, LLP Martin D.Finnegan Partner 631-727-2180,x-265 mfinnegati@suffolklaw.com Thomas A Twomey,Jr. -2 Stepi:ep B Latham atham �^ John F Shea, Lea,m April 18, 2019 Christopher D.Kelley David M Dubin Jay P Quartararo t Peter M Mott Janice L Snead ilia Certified Mail, Return Receipt Requested Anne Marie Goodale Bryan C Van Cott Kathryn Dalli Darla and Joseph Doorhy Laura I Ounathan Lisa Clare I<ombrink 1125 Ole Jule Lane bn Patrick B Fife Mattituck, NY 11952 Martin D Finnegan O Reza Ebrahlmi Jeffrey W Pagano Re: Town of Southold Bryan J Drago Zoning Board of Appeals Application for Special Permit Bernadette E Tuthill For Accessory Apartment Craig H Handler Owner: Ronald and Anne Smith Alexandra Halsey-Storch Melissa S Doris Premises: 1530 Camp Mineola Road, Mattituck, NY Katerina Grinko Loirame Paceleo SCTM#: 1000-122-5-3.5 Terrence Russell Daniel R Bernard Christina M Noon Dear Darla and Joe: OF COUNSEL This office represents Ronald and Anne Smith with regard to their Kevin M Fox Kelly E Klnirons request for a special exception to permit an accessory apartment for a family Karen A.Hoeg member in the existingaccessory "pool house" structure at the above- Patricia J Russell p Jennifer P Nigro 0 referenced premises. NY&111 BARS t LL M IN TAXATION A public hearing has been scheduled for Thursday, May 9, 2019 at 1:30 O NY&NJ BARS m. at Southold Town Hall 53095 Main Road Southold NY. A co of the O NY NJ&PA BARS p• > > > py Legal Notice and survey depicting the structure under consideration are Main Office enclosed for your review. 33 West Second St. P.O. Box 9398 Riverhead, NY 11901 If you have any questions with regard to this Application, please feel free to contact me. 631.727.2180 suffolklaw.com Very truly yours, Martin D. Finnegan MDF/lk Enclosures Twomey FALatham SHEA, KELLEY, DUBIN & QUA RTARARO, LLP Martin D.FinneganPartner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) S Stephen B Latham V John F Shea,III April 18, 2019 Christopher D Kelley David M Dubin Jay P Quartararo t Peter M Mott Janice L Snead Via Certified Mail,Return Receipt Requested Anne Marie Goodale Bryan C Van Cott 0 Kathryn Dalli Roberta M. Kalous Laura I.Dunathan P.O. Box 418 Lisa Clare Kombrink Patrick B Fife Mattituck, NY 11952 Martin D Finnegan O Reza Ebrahiml Jeffrey W Pagano Re: Town of Southold Zoning Board of Appeals Application for Special Permit Bryan J Drago Bernadette E Tuthill For Accessory Apartment Craig H Handler Owner: Ronald and Anne Smith Alexandra Halsey-Storch Melissa S Doris Premises: 1530 Camp Mineola Road, Mattituck, NY KateriGrinko Lorraine Pacele SCTM#: 1000-122-5-3.5 Lorraine Paceleo Terrence Russell Daniel R Bernard Christina M Noon Dear Ms. Kalous: OF COUNSEL This office represents Ronald and Anne Smith with regard to their Kevin M Fox Kelly E Kinirons request for a special exception to permit an accessory apartment for a family Karen A Hoeg member in the existing accessory "pool house" structure at the above- Patricia J Russell Jennifer P Nigro �O referenced premises. NY&LA BARS A public hearing has been scheduled for Thursday, May 9, 2019 at 1:30 t LL M IN TAXATION 9 NY&NJ BARS p.m. at Southold Town Hall, 53095 Main Road, Southold, NY. A copy of the O NY NJ&PA BARS Legal Notice and survey depicting the structure under consideration are Main Office enclosed for your review. 33 West Second St. P.O. Box 9398 If you have an questions with regard to this Application, Riverhead, NY 11901 Y Y q glease p feel free to contact me. 631.727.2180 suffolklaw.com Very truly yours, M Finnegan l MDF/lk Enclosures Twomey VA' Latham Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) `J Stephen B Latham April 18 2019 ��, John F Shea,III 18, 2019 D Kelley David M Dubin Jay P Quartararo t Peter M Matt Certified Mail, Janice L Snead Via Return Receipt Requested Anne Mane Goodale Bryan C Van Cott Kathryn Dalli Steven and Ellen Berger Laura I Dunathan Lisa Clare Kombnnk p 1600 Cam Mineola Road Patrick B Fife Mattituck, NY 11952 Martin D Finnegan o Reza Ebrahimi Jeffrey W Pagano Re: Town of Southold Bryan J Drago Zoning Board of Appeals Application for Special Permit Bernadette E.Tuthill For Accessory Apartment Craig H Handler Owner: Ronald and Anne Smith Alexandra Halsey-Storch Melissa S Doris Premises: 1530 Camp Mineola Road, Mattituck, NY Katenno Lorrainee PacelPaceleo SCTM#: 1000-122-5-3.5 Terrence Russell Daniel R.Bernard Christina M Noon Dear Mr. & Mrs. Berger: OF COUNSEL This office represents Ronald and Anne Smith with regard to their Kevin M Fox Kelly E.Kinirons request for a special exception to permit an accessory apartment for a family Karen A Hoeg member in the existing accessory "pool house" structure at the above- Patricia J Russell Jennifer P Nigro referenced premises. NY&LA BARS A public hearing has been scheduled for Thursday, May 9, 2019 at 1:30 t LL M IN TAXATION 6 NY&NJ BARS p.m. at Southold Town Hall, 53095 Main Road, Southold,NY. A copy of the U NV NJ&PA BARS Legal Notice and survey depicting the structure under consideration are Mails Office enclosed for your review. 33 West Second St. P.o Box 9398 Riverhead, Nr 77901 If you have any questions with regard to this Application,please feel free to contact -me. 631.727.2180 suffolkiaw.com Very truly yours, Finnegan MDF/lk Enclosures Twomey VA' Latham Martin D.Finnegan S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr / (1945-2014) Stephen B Latham John F.Shea, u, April 18, 2019 Christopher D Kelley David M Dubin Jay P Quartararo t Peter M.Mott L Janice L Snead Via Certified frail, Return Receipt Requested Anne Marie Goodale Bryan C.Van Cott O Kathryn Dalii Nancy and Ronald Condron Laura I an 760 Cam Mineola Road Lisa Claree KomKombrink l� Patrick B Fife Mattituck, NY 11952 Martin D.Finnegan O Reza Ebrahimi Jeffrey W Pagano Re: Town of Southold Zoning Board of Appeals Application for Special Permit Bryan J Drago Bernadette E Tuthill For Accessory Apartment Craig H Handler Owner: Ronald and Anne Smith Alexandra Halsey-Storch Melissa S Doris Premises: 1530 Camp Mineola Road, Mattituck, NY K Gnnko Lorraine Paceleo SCTM#: 1000-122-5-3.5 Lorraine Terrence Russell Daniel R Bernard Christina M.Noon Dear Mr. &Mrs. Condron: OF COUNSEL This office represents Ronald and Anne Smith with regard to their Kevin M Fox i i for or a special exception to permit an accessory apartment or a am Kelly E Klnirons request p p p n' ffamily Y Karen A Hoeg member in the existing accessory "pool house" structure at the above- Patricia J Russell Jennifer P Nigro referenced premises. : NY&LA BARS A public hearing has been scheduled for Thursday, May 9, 2019 at 1:30 t LL M IN TAXATION O NY&NJ BARS p.m. at Southold Town Hall, 53095 Main Road, Southold, NY. A copy of the U NY NJ&PA BARS Legal Notice and survey depicting the structure under consideration are Main Office enclosed for your review. 33 West Second St. P.O. Box 9398 If you have an questions with regard to this Application, lease Riverhead, NY 11901 Y Y q g pp � p feel free to contact me. 631.727.2180 sufFolklawr.com Very truly yours, Martin D. Finnegan MDF/1k Enclosures Twomey VJ' Latham Martin D.Finnegan S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham John F Shea,III April 18, 2019 Christopher D Kelley D David M Dubin Jay P Quartararo t , Peter M Mott Janice L Snead Via Certified Mail, Return Receipt Requested Anne Marie Goodale Bryan C Van Cott Kathryn Dalli Susan Norris Laura I Dunathan P.O. Box 66 Lisa Clare Kombrink Patrick B Fife Mattituck, NY 11952 Martin D Finnegan O Reza Ebrahimi Jeffrey W Pagano Re: Town of Southold Zoning Board of Appeals Application for Special Permit Bryan J Drago Bernadette E Tuthill For Accessory Apartment Craig H Handler Owner: Ronald and Anne Smith Alexandra Halsey-Storch Melissa S Doris Premises: 1530 Camp Mineola Road,Mattituck, NY KaterLorraine PacelGrinko SCTM#: 1000-122-5-3.5 Lorraine Paceleo Terrence Russell Daniel R.Bernard Christina M Noon Dear Ms. Norris: OF COUNSEL This office represents Ronald and Anne Smith with regard to their Kevin E. Fox request for a special exception to permit an accessory apartment for a family Kelly E.Kinirons 9 p 1� 1� rY 1� Y Karen A.Hoeg member in the existing accessory "pool house" structure at the above- Patricia J Russell Jennifer P Nigro o referenced premises. NY&LA BARS A public hearing has been scheduled for Thursday, May 9, 2019 at 1:30 t LL M IN TAXATION ® NY&NJ BARS p.m. at Southold Town Hall, 53095 Main Road, Southold,NY. A copy of the O NY NJ&PA OARS Legal Notice and survey depicting the structure under consideration are nnairl Office enclosed for your review. 33 West Second St. P.O.Box 9398 If you have an questions with regard to this Application, lease Riverhead, IVY 11901 Y Y q g p feel free to contact me. 631.727.2780 suffolklaw.com Very y yo s, Marti innegan MDF/lk Enclosures Twomey FLafthami Martin D.Finnegan S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr. (1945-2014) j Stephen B Latham rp VV John F Shea,III April 18, 2019 Christopher D Kelley David M Dubin Q� Jay P Quartaiarc, t Peter M Mott Janice L Snead Via Certified Mail, Return Receipt Requested Anne Marie Goodale Bryan C Van Cott 0 Kathryn Dalli County of Suffolk Laura I Dunathan 330 Center Drive Lisa Clare Kombrink Pati ick B Fite Riverhead,NY 11901 Martin D Finnegan O Reza Ebrahimi Jeffrey W Pagano Re: Town of Southold Zoning Board of Appeals Application for Special Permit Bryan J Drago Bernadette E Tuthill For Accessory Apartment Craig H.Handler Owner: Ronald and Anne Smith Alexandra Halsey-Storch Melissa S Doris Premises: 1530 Camp Mineola Road,Mattituck, NY KatenLorraine PacelGrinko SC 1'M#: 1000-122-5-3.5 Lorraine Paceleo Terrence Russell Daniel R Bernard Christina M Noon To Whom It May Concern: OF COUNSEL This office represents Ronald and Anne Smith with regard to their Kevin M Fox Kelly E Kinirons request for a special exception to permit an accessory apartment for a family Karen A Hoeg member in the existing accessory "pool house" structure at the above- Patricia J Russell Jennifer P Nigro referenced premises. i" NY&LA BARS A public hearing has been scheduled for Thursday, May 9, 2019 at 1:30 t LL M IN TAXATION 4 NY&NJ BARS p.m. at Southold Town Hall, 53095 Main Road, Southold, NY. A copy of the O NY NJ&PA BARS Legal Notice and survey depicting the structure under consideration are Main ®Bice enclosed for your review. 33 West Second St. P.O. Sox 9398 If you have an questions with regard to this Application, please - Riverhead, NY ii�oi Y Y q g PP feel free to contact me. 631.727.2180 suffolklaw.com Very truly yo , Ma egan MDF/lk Enclosures 7 - - I Twomey V1 Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Martin D.Finnegan Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A.Twomey,Jr. (1945-2014) Stephen B Latham John F Shea,III Christopher D.Kelley David D David M Dubin ri Jay P.Quartararo t Peter M.Mott May 2, 2019 Janice L.Snead y Anne Marie Goodale Bryan C.van Cott o By Hand Kathryn Dalli Laura I.Dunathan Lisa Clare Kombrink Patrick B Fife Ms. Kim Fuentes Martin D Finnegan O Reza Ebrahimi Zoning Board of Appeals for the Town of Southold Jeffrey W.Pagano P.O. Box 1179, 54375 Main Road Southold,NY 11971-0959 Bryan J Drago Bernadette E.Tuthill Craig H.Handler Re: Application for Special Permit for Accessory Apartment Alexandra Halsey-Storch Melissa S.Doris Owners: Ronald and Anne Smith inGnnko Lorraine Paceleo > >Premises: 1530 Camp Mineola Road Mattituck NY Lorra Terrence Russell SCTM#1000-122-5-3.5 Daniel R.Bernard Christina M.Noon Dear Kim: OF COUNSEL Kevin M.Fox With respect to the above-referenced matter, enclosed lease find the Kelly E Kinlrons P , p Karen A.Hoeg original Affidavit of Posting and certified mail green card that we received for Patricia J Russell Jennifer P Nigro o the mailing that was sent to the County of Suffolk for filing with your office. NY&LA BARS If you have any questions regarding the enclosed,please feel free to t LL M IN TAXATION ♦ NY&NJ BARS contact me. Thank you for your attention. O NY NJ&PA BARS Main Officeery truly y lei S, 33 West Second St. P.O.Box 9398 Riverhead, NY 11901 631.727.2180 suffolkiaw.com Martin D. Finnegan .co MDF/lk Enclosures iouthold Town Hall BOARD MEMBERS r3f soar Leslie Kanes Weisman,Chairperson ��' yp 53095 Main Road•P.O.Box 1179 h0 !O Southold,NY 11971-0959 Patricia Acamporait Office Location: Eric Dantes Town Annex/First Floor. : . Robert Lehnert,Jr. o �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yCOUNT'1 Southold,NY 11971 http://southoldtownny.gov f. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ® D Tel.(631) 765-1809•Fax(631)765-9064 F EB 1 2 2019 TO : SOUTHOLD TOWN,BUILDING DEPARTMENT TOS OF SOUTK'YLD RE : VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application : #7283SE Smith, Ronald &Anne (1000-122-5-3.5) Date sent to Building : 2/5/2019 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Survey: : Scalice Land Surveying, P.C., dated November 8, 2018 Plans: Meryl Kramer, Architect Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is'determined to be square feet-and is not-allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square,feet and shall not exceed 750 square feet of'livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of reviewer Date: Adopted by the Board of Appeals:May 18,2011 w ` BOARD MEMBERS *QF so�j. ;;outhold Town Hall Leslie Kanes Weisman,Chairperson �► p53095 Main Road•P.O.Box 1179 hO l0 Southold,NY 11971-0959 Patricia Acamporait Office Location: Eric Dantes vs ,c Town Annex/First Floor, Robert Lehnert,Jr. 0 ,^�aa�Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yCOUNT`I Nov Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 February 5, 2019 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 #7283SE Owner/Applicant: Smith, Ronald &Anne Action Requested: accessory apartment in accessory building. Within 500 feet of: ( ) State or County Road- ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie'K. Weisman ZBA C air ers in By: Encls. Survey/Site Plan: Scalice Land Surveying, P.C., dated November 8, 2018 BOARD MEMBERS ®�Sol/ Southold Town Hall Leslie Kanes Weisman,Chairperson ��� 53095 Main Road m P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. M ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�9�®U Southold,NY 11971 http://soutlioldtowjiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTH[OLD Tel.(631)765-1809 a Fax (631)765-9064 May 29,2019 Martin Finnegan, Esq. Twomey, Latham, Shea, Kelley, et al P.O. Box 9398 Riverhead, NY 11901 Re: ZBA File#7281SE Ron Smith, 1530 Camp Mineola Road, Mattituck SCTM No. 1000-122-5-3.5 Dear Mr. Finnegan; Enclosed please find a copy of the Zoning Board of Appeals determination rendered at their May 23, 2019 meeting, granting a Special Exception Permit to establish an accessory apartment in an accessory structure upon the above referenced premises, pursuant to Article III Section 280- 13(B) 13 (a-k)and 280- 13 (D) 1-9 of the Town Code. Please be advised that this Special Exception Permit requires an annual renewal from the Building Department. It is the applicant's responsibility to apply to the Building Department each year to renew the accessory apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted in the enclosed decision. Please also note that this Special Exception Permit cannot be transferred to new owners. Before commencing any construction activities, a building permit is necessary(if applicable). Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call the office. Sincerely, r Kim E. Fuentes Zoning Board Assistant Encl. cc: Building Department � MAY �p SUBDltyjSlOh' 4lAP pF 2ll 19 u > FILED TH HENRy SURVEY OF PR(Y]kR3:Y THE OFFICE OF FI{E APPEL ON FEBRUARY B. 1993 LAS FILl N* 9 COUNTY \ j m1 ��� ND 932�D �z tio°J 1 SITUATED AT N/O/F o ✓OSAphF dlAIELLO Ir �' BOMWE ZIIELLO 1 0 �� 0.�'� 1, MATTITUCK ( �P =1 LOT ' TOWN OF SOUTHOLD moxa OLE ✓ULE LANE KO.tfIV EON/L'RS Plwa s 81-0 .40" E f SUFFOLK COUNTY, NEW YORK (OPEN SPSSOCI4 ACE) TION CORP ' z f o� 1 S.C. TAX No. 1000-122-05-3.5 a' `al SCALE 1"=30' C\lI I aJ APRIL 16, 2004 ¢f AUGUST POOL HOUSE ^OOD FEN" FEBRUARY 2 2006 ADDED SEPTIC SYSTEM & WATER UNE hi -344.199 4, o 21 mI Dx 1w.FENS 7� �jj/�, 3 ! ; I jury AREA = 81,689.75 sq. ft. 1.875 ac. g 1 N a.1 V 199' �• I CERTIFIED TO' o Iq ANNE SMITH RONALD SMITH m-0' IRON rows °f OVEaFRNc w fr VSF RDk COLER - I, �5� y O J 7 .a a• � I •� _S�71C tµ.F ENtlLDSED S'TEpg ..ry ��J r� I �roer_^ gFR ALIE H]U I 17 —.wDwuRCx - Ur� r B 18 $E e I DECK f.Ll rs ' ur t D EPs 3T 0 4 a e g n awoOp CWa N + Jt O 1 P• I pzELE CmC r_ eA'mTez + AREA 1. MOD sms OUSEortDODR SF4m i 0 ' TER_,} /• ,- {1 1 .ry W J tJl gJ �t •avaaFt yayExAY• w 1�0 •� fI N 82'53'00" W ) mJ n 1 1 BEw„ �,• 352.15' o uv= o M/O/E OR-L DRw w" 1 Y f ✓OSEP,y PETERS '� ¢f PREPARED IN AC DANCE WOH THE MINWOM STANDARDS FOR R LE SURVEYS AS MMLLWO OS."P PETERSu an THF nrrRwED AND ADOPTED 9ELCM awL, .. PD P 4tW YORK STATE IANO CURB YO kA A I N T S Uc NO 49668 u-UTHORIEO ALTERATION OR ADDRION �, SEC ONCATI 7209 6 A�„r,f DF Joseph A. Ingegno T TCN 7209 OF Ti1E NEN YORK STATE N LAR W !I,E[A Of TM$SO S I WP NUT D R Land Surveyor F�oG.-t'r°u3c THE[AND SURVEYORS WKEO NUT C EH2OSSEO SEAL SWtLL NOT EE CONSIDERED { -____ •i - :•i?IU—P—!—QI�7r_,• I C TO 6E A Vn0 1RUE COPY 11FCA11C16 INO'GTED HEREON S1ULL RUN S ^ ON.T 70.,E PEF.SCIJ FOR XTiON?fE SURVEY IS PREPARED AND ON HS BEHALF TO TSHE Sul d moO5 — SNe AD- — CD0smdD D-y°ui I - TRT_COVPANY,BOVER:'MENTAL A.OENLY ANC LEND'HC IVSTYiUPON UST- HEREON•AND �j _ t TC TIE ASS04ECS OF TIC LeND.IC INSn- PHONE(631),27-2090 FD: (531)727-1727 {! 1 R�,t} j r ( R"R0N CERTIFICA-UNS ARE NOT TPMSFERASL£ `•�-1( !,� n!l , \ a CES!pGTE�-D AT 'VAIUhu AWRESS I SUBDlVfSj0,V VAP 0j, HENRY FILED TNiT1iC.OFFICE OF THE �• SURVEY OF PROPERTY DN FEBRUARY 16. 1993 ASK OF SUFfO ti�OD y FILE No.g 27 COUNry �. �-- N/O/F �� ;,titi SITUATED AT JOSEPHAfAfELLO !r , MATTITUCK & BONNIE AfAIELLO Q �QQ �' LOT O 44 OLE ✓ULE v o �y TOWN OF SOUTHOLD LANE lfOAlEO RSASSOClATjOjy SUFFOLK COUNTY, NEW YORK LIP�a� s ar•or4p„ e o� $ `° (DPeN�pCORP S.C. TAX No. 1000-122-05-3.5 n ,o °IQ SCALE 1"=30' l�V 3V�82�Z E*ll ! APRIL 16, 2004 1 1AUGUST 29, 2005 FINAL SURVEY FOR POOL HOUSE M0p0 1 ,•`,I s FEBRUARY 26, 2006 ADDED POOL HOUSE SEPTIC SYSTEM & WATER UNE FENCE 1 /1 ��,n� 8W f wl 344.99' rila�e - N v fvoL. ^! fze vR RNA i. Ir AREA = 81,689.75 sq. ft. L3 1 0 1.875 ac. N — ,95• _ � CERTIFIED TO FlMNE m a'• � ANNE SMITH RONALD SMITH O 200• 0 W • r F 'M WON POSTS DOE DIERH00 WON COtIIt` b 7 -I WS O 1/7 nso," oe`�BsTo STEPS � 'a _of 3 G —J•a 7• — FRAME TGa, 1 7 4 W H xiSE a_ DECK (�T u7• s Ld 158 6-Q - r2 - SSS �. a �Sn a a awe ^fzz• N fel ' • • 259' N 1 STORY P A; AT m ALA.. ELECTRO IA FRAME R' gy cid' w+rA I SPEAS OUTDOSHOWFT P001 HOUSE aFr d1,'a'e' m - ED 31 W •M w P 3 Z �o mr ni ' • - �wwAlFR UNE I �- 95 N �' X11 �1 EYA o 82'53'00" W 1 i� 1 0 eELX•MN BLOCK CURB 352.15' o o 6RA%n ORMEWAY IANP POST, S PREPARED IN AL DANCE WITH IME MINIMUM ✓OSEp !!PET V it STANDARDS FOR LE SURVEYS AS ESTABUSIED CAROL PETBRgS PTED BEIcm I ; ED TIP P rO RK STAAPPROVED AND TE LAND OA! GF Pf � Go NYS LIc No 49668 ONAUIHOR12M ALTERATION OR ADDRUIN TO THIS SURVEY IS A VIOLATION OF Joseph A. 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