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Home My WebLink About7487 1`c pdreL a hA Vi✓4cen 7wh 7 SSPec��.l Ncer b m Av- C-%A ,39 m ewe i n 6L A aCe �UA16tf`rl SCC- cx?o- (3(6)(14) pft i 1 7$ s4. 4G7El` ��,�/��tS/TA13 LC Cp 7'7�9GG To /�ff/�/T•46LG CfSG- 7wo cib LJG LL.,,.-VG S C2 �s CHECK BOXES AS COMPLETED ( ) Tape this formAo ou 0 c a 0 CL j ( ) Pull ZBA copy of N'D ( ) Check file boxes for N ( ) Assign_next number o outside of file fodder n -n -u co cn -0 oo �, C I` ( ) Date stamp entire of 3 x o c o ' -u S file number �,, o_ o :9 , -0 ( ) Hole punch entire of 3 m (before sending to T o Yn m 0 ( ) Create new index ca,- 0 o ( ) Print contact info & o G`'` -2 Q- ( ) Prepare transmittal io ( ) Send original appl, a to Town Clerk, ( ) Note inside file folde o and tape to inside of 3 (D G ( ) Copy County'r" M A;� � =nei_hbors and A F Make 7 copies anti pi -4 00 ( ) Do mailing label Cn Co �Jw BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� ®��®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®� Southold,NY 11971 http://southoldtownny.gov �E 5 E�� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD & 6 ,5-- U-wv�, Tel.(631) 765-1809•Fax(631)765-9064 MAY 2 5/2202101n 'A,� 1 2eold 'Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF: May 20 2021 ZBA Application No.: 7487SE Applicants/Owners: Petra and Vincent Benic Property Location: 1375 Pine Neck Road, Southold,NY SCTM No. 1000-70-5-39 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further 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 March 2, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. The LWRP Coordinator issued a recommendation dated April 1, 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy. 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 635 sq. ft. where 750 sq. ft. is the maximum allowed and 450 sq. ft. is the minimum allowed. PROPERTY FACTS/DESCRIPTION: The subject property is a 44,739 sq. ft. parcel located in an R-40 Zoning District. The parcel has a road frontage of 100.00 feet along Pine Neck Road,then runs north for 483.17 feet to Jockey Creek,then runs west along Jockey Creek for 108.2 feet before returning south for 422.66 feet to Pine Neck Road. The property is improved with an existing two-story residence, a two car accessory garage, and an existing accessory structure for the proposed accessory apartment. Page 2,May 20,2021 7487SE,Benic SCTM No. 1000-70-5-39 ADDITIONAL INFORMATION As part of the application the applicant submitted copies of the following documents relative to the property and their full-time residency status: 1. Board of Elections records 2. New York State Driver's License of owners 3. Sworn Affidavit of ownership of property 4. Certificate of Birth of owner 5. Recorded Deed of Sale The subject accessory building has a pre-CO as a dwelling.A 1970 variance was granted to a previous owner to create a two-lot subdivision which was not codified.As a condition of approval,the applicant agreed at the public hearing to abandon that variance so that the property will remain one lot with one principal dwelling and an accessory apartment in an accessory structure which is an accessory to the principal dwelling as required by law. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on May 6, 2021, 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 11I, 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 conforming area of 635 square feet of livable floor area, as described and shown on the floor plan prepared and signed by Venci Benic,Architect and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area"dated March 1,2021 and received by the Board of Appeals on March 4,2021. 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 not exceed 750 square feet of livable floor area,with an overall square footage of 635 sq. ft all on one floor with only one full bathroom. 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 copies of driver's licenses, Suffolk County Board of Elections Registrations,Recorded Deed of Sale,Birth Certificates of Owners,etc. 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 111, Section 280- 13(B)(13)0, 1-4). The tenant of the accessory apartment will be the son of the owner, as evidenced by the submission of a rental agreement to the Board of Appeals as a condition of approval. Page 3,May 20,2021 7487SE,Benic SCTM No. 1000-70-5-39 5. The owners' plans comply with the on-site parking requirements and provide for a total of four (4) parking spaces, as shown on the site plan by Venci Benic,Architect, dated March 1, 2021. 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 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. 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 Dantes and duly carried,to GRANT the Special Exception Permit as applied for as shown on Site Plan and Architectural Plans prepared by Venci Benic,R.A., dated March 1, 2021. 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. 3. A copy of a duly executed lease or rental agreement to be filed with the Zoning Board office before this Special Exception will take effect. 4.The applicant shall abandon a previous variance that permitted a two-lot subdivision of the subject property,so that the property will remain one lot with one principal dwelling and an accessory apartment in an accessory structure which is an accessory to the principal dwelling as required by law. A notarized letter from the applicant confirming this condition of approval shall Page 4,May 20,2021 7487SE,Benic SCTM No. 1000-70-5-39 be submitted to the Zoning Board of Appeals and the Town's Building Department prior to the issuance of a Certificate of Occupancy. 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),Acampora, Dantes,Lehnert, and Plan nto(5-0). i � f Leslie Kanes Weisman, Chairperson Approved for filing 4 /.;?, ( /2021 VBA VINCENT BENIC ARCHITECT CREEK PO Box 92,Southold NY 11971 J www vbarch com N 85°53'36"E 917414-1925 060-1 �[�` 39 48' Issued/Revision J E 663T3a �� 3/1/2021 ZBASUBMISSION <J 69 � Ns oe coN° — vs�wNE wE w xuu re 9 F aocxw.0 9 P� FWERNN ory �� flOiEMgER��oFEwoprvsutT 6 N�� oup 9 �0 �A 6 ��o°�oEcx ry oNc gyy °v Drawings&specifications as Instruments of professional service are,and remain,the ENT BNIC SURVEY OF ARCHITECTIINo eproductionPInrtwhole oof frCinpartEshall bemade 2 STORY EXIST 2 STORY, LOT 8 without the written authorization of VINCENT GENIC ARCHITECT FRAME HOUSE IRES T 2 ST7R This document is Intended solely for the construction of the project named herein and shall not be used by any other parties MAP OF PROPERTY for any other construction without the written consent of OF G. WELLS PHILLIPS VINCENT BENIC ARCHITECT FILE No 297 FILED NOVEMBER 6,1909 SITUATED AT SOUTHOLD 77ZOnniing ® N TOWN OF SOUTHOLD �� EAFsA SUFFOLK COUNTY, NEW YORK Z GARAGE J S C TAX No 1000-70-05-39 � 2021 SCALE 1"=30' DECEMBER 27,2001 Of p¢peals a Parking offor 4 cars d LOT@ N ^W \ AREA=44,739 23 sq It 0 w0 ,'�,3 (TO TIE LINE) 1 027 ac � °Z �NNM �3 NOTE THIS PROPERTY IS IN FLOOD ZONE X S FLOOD INSURANCE RATE MAP No 3610300166 G 20NE x AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN l /C �N'o ,aA 52'-2" ¢ d4. n I rr sNwuNNo�x° FRAM ESE° oE T 1418 0 SHED = aNRaEe � INNACOF N ENN� ACCESSORY z ACCESSORY APARTMENT ZONING REGULATIONS STRUCTURE/ Z1 AND PROPOSE >- LIVABLE AREA SF PERMITTED VBA Proj# Seal ACCESSORY 3782 APARTMENT LL 7 Drawn 725 S F 0 PROPOSED ACCESSORY APARTMENT 542 450 TO 750 SF OK M N Il Checked VB PARKING 4 3MIN OK NAL ty REVIEWED Y ZBA N zLUSEE DECISION # VenciNYS# e4883IA, 9 NYS#014883 ®ATE® Aat7 / _ ACCESSORY APARTMENT IN ProjL to wwE Z ACCESSORY STRUCTURE Z o 1375 Pine Neck Rd DO i Southold,NY 11971 ovu,,,E,u,WigE3 I Drawing Title °F s Fou 9996YJaN N8 °°�°`° �� E�Ws SP-1SSITE PLA 4° 15'00"W Scale 1 000, PINE C 3 0 30 40 50 60 70 80 90 FT CDrawing Number K ROA � SIP- P- 1 j ' - 24'-7" 12'-3" IiBA VINCENT BENIC ARCHITECT PO Box 92,Southold NY 11971 www vbarch com 917-414-1925 CONCRETE PAD Issued/Revision 311/2021 ZBASUBMISSION JI L)WH m m DINING ROOM KITCHEN Drawings&specifications as Instruments of professional service are,and shall remain,the property of VINCENT BENIC ARCHITECT No reproduction,in whole or in part,shall be made without the written authorization of VINCENT BENIC ARCHITECT ® This document is Intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT M N N N D N N O BEDROOM LIVING ROOM WAR ® 2021 128 SF 167 SF Zing Boarrd 0¢APpeals M CLOSET VBA P 82 l�3 D wn W Q■g�� ■■ A MAP V cked S�^ 014 @r@r®�,p y04 TE OF00 N BATHROOM OFFICE/STUDY ROOM r, EVIEWED Y ZB -i1E sp,��t, N E ® C i S®V N Vence Benic,AIA, % NYS#014883 ATS k22- mol Pr 'ACCESSORY APARTMENT IN Fal A I - % ACCESSORY STRUCTURE 1375 Pine Neck Rd Southold,NY 11971 CONCRETE Drawing Title STEP FIRST FLOOR PLAN 4'-8" 16'-4" PLA 1-0 &0--I'—IN-7 2' 3' $' Drawing Number 22'-71/4" 1/4" = 1'-0" A-100 VINCENT GENIC ARCHITECT I i A'Y PO Box 92,Southold NY 11971 www.vbarch.wm "A 5 917-414-1925 Issued/Revision 3/1/2021 ZBASUBMISSION vW 9 it •,..,;J -. `_ _ Y- - - Drawings me f rofessional service . ----_ are,and shall remain,the prope T GENIC - ...�,.- t ,— , ARCHITECT No reproduction,in whole or in part,shall be made - without the written authorization of VINCENT BENIC ARCHITECT. This 4 d current Is Intended solely for the constructl°other parties 0 y for any other iwithout the written con nt of r�tf '•.. - Sr- VINCENT GENIC IC ARCH ARCHITETE CT. .. - TINA MAP n _ REVI WgD BY ZBA r r. r ' e - • a DATE SEE 0) �. T a / � ao w • T ' r~ r ,. ..s ��He:tom•:. 3:-;.... ,c +>Aiietrwi;. .:..,.«�c�.`s.i:r ,,.. �" .'.'�� .''_': ,` - � ..�.` . .> , ... _.,..yi`.tom.,...:z','- ,. ._. s - . , 3 SOUTH ELEVATION 1 NORTH ELEVATION E- p D N Z .1 EXIST. ACCESSORY r Y f', BUILDING w 4 a O X _ IIIY N a .A� KEY PLAN PACNI VBA Pr �t� Ot BENse" / \ 376. or 44J Ila - 1 A�� 0 I STATE OF I 14883IA' "°1'ACCESSORY APARTMENT IN ACCESSORY STRUCTURE '.. '- `•,-- ---'- ,.,-. - _ _ 1375 Pine Neck Rd. �,at',nF�, r - .... -.: ,•. _ - -i Southold,NY 11971 Drawing Title - •, ' ti .,', '.. PHOTO ELEVATIONS y ww -t -r. ♦b'i fir,. .�.• r4, .^+LK� 'tFt # ,-: k- -)�'- .l ~.•. . rt -s .. . . _. Drawing Number 4 WEST ELEVATION 2 EAST ELEVATION PH-1 fLL 4,, VINCENT ARCHITECT PO Bo 92,Southold NY 1971 www.vbarch.com 917-414-1925 1i' y Issued/Revision �I 3/1/2021 ZBASUBMISSION i �4 ��M1 Drawings&specifications as instruments of professional service `m - are,and shall remain,the property of VINCENT GENIC ARCHITECT. No reproduction,In whole or in part,shall be made without the written authorization of VINCENT BENIC ARCHITECT. This document Is intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT. e BEDROOM 1 LIVING ROOM MAR 01 2021 Scale: Scale: ZO�11Rg mrd OfAPPeals C W 1 r e ♦ 14_ r ui N I_ k `S117 EAPEWED BY ZBA • -' YECIS10N # _7I�! ED 6 UD r NYS#014883 ACCESSORY APARTMENT IN ACCESSORY STRUCTURE 1375 Pine Neck Rd. Southold,NY 11971 y. a Drawing Title - PHOTO INTERIOR KITCHEN STUDY/OFFICE DINING ROOM 4 Scale: 3 Scale: 2 Scale: Drawing Number PH-2 MardIV `` CREEK �Ocoll N 85-53-36"39.48' E 66313 ` N 69�� °m rouiFE°M0s Wa`IIL / PROPOSED WALKWAY fJP/ryrx+�&W[*LLiwMo'lfB�.y� �,. aF- /� N6 MVL 6 / TRDPOSE/—ILFTAMINGWA 0 PROPOSED T-lis Jt2+ WOOD STEPS !D 10 N .d.^LL oceioc'i °E A / eB ru °� GG66 PROPOSED DECK �y , Y 31_-- SURVEY OF 2�DRY z LOT 8 ' H 28B' MAP OF PROPERTY tzs _ a 3 . OF G. WELLS PHILLIPS B u,L FILE No 297 FILED NOVEMBER 6,1909 SITUATED AT SOUTHOLD TOWN OF SOUTHOLD 1_, 'BID SUFFOLK COUNTY, NEW YORK S.C.TAX No, 1000-70-05-39 4 �- SCALE 1"=30' DECEMBER 27,2001 JANUARY 18,2002 ADDED PROPOSED ADDITIONS 7 Lor n ®3 Aia* PMe V°" AREA a 44,739 23 sq h Fw� �� (TIME LINE) 1 027 ac xc.cN 3 a ttyy J�� NOTE• B a THIS PROPERTY IS IN FLOOD ZONE X FLOOD INSURANCE RATE MAP No 36103COI 66 G ZONE K AREAS DETERIANED TO BE OUTSIDE 500-YEAR FLOODPLAIN. mNG` A y�11 � OrP1- r W POLE FRAM SHED6 ^�[ GAI BAG, W 6E1ytE I I OK MYl I � c I � I L i M + Zi 0 o I 3 o - Q N I YMC 0 z / S Z a Ln coN w 999 5'= 0 N 84°15'00,W oFPAVE� Bu 6r: — r0°N_m us dl 1A0.00, PINE NECK ROAD Itl TOATxOt®ALTfRhTld!di A0FrtION TO TI0.G 9RVEY 8 A YRYATION OE SECTIRB R090FTX[HE\'l YOWLSFATE Ed wToxuw mPxs OFTIaS swvn w>o Nor fiwwc rxE LAND slsrv[Yon s ram suL a HrBOSSFD sEAL sxALL xor B[mNWeER[n TO BEA VAWTWk COPY CFRTerGTgBS wolrwTm xDEw suLL WN ONLY TO TNC PFASON PoR 1wICM THE SIIXV EY LS PPEPAPm ANp CN IBS BFHAIP TO TNf TRLEmWANY,falFANMFMALAGFNCYAND LEM)WG NSIIMION IBTFD NERFON AND TO THE ASSIGNEES 6 THE LFNO Vb Bl6N TIRIOBL mOaKATgHSAI@NOTTPAr6FfAABLE NQTFS- THE EKl1TFNQ OF RGMS Oi WAY ANO/OR FASEAFILTS OF RETARD,6 1 ELEVATIONS ARE REFERENCED TO NGD DATUM M.NOT SHOWN ARE NOT GUARANTEED EXISTING ELEVATIONS ARE SHOWNNTHUSUS as EXISTING CONTOUR LINES ARE SHOWN THUS ————6——— FIRSTGmOR PPFPAiifONACmPDANCENBM THE mIwIM -GABAOEFL00R GTArNAROSfOM1TIRE9RNEY6AEFSTPBLISHFD Joseph A. Ingegno -TW OF WALL BY TXE LUIS A`IDAPPRWEO ANOADDPrm Bw -BOTTOM OF WALL POR 5LO1 lGE BYTHf NEW YOW(SEATE LANG Tm Land Surveyor Tive Swveys—SDEdMslms— Site Rare — CmSWtvm Laywc PHONE(631)727-2090 F.(631)727-1727 OFFICES LOCATED AT MALING ADDRESS NY S LIG.N.49668 1310 ROANOKE AVENUE P O 1"1931 _ERHEAD,New York 11901 RWerM.4 New York 11901-0965 21-589A ' OFFICE LOCATION: �� SU(/jy0 MAILING ADDRESS: ( Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 j (cor.Main Rd. &Youngs Ave.) Aj�O� Southold,NY 11971 G • Q Telephone: 631765-1938 � 00UNT`1, � LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD :RECEIVED MEMORANDUM APR 3 0 2021 To: Leslie Weisman, Chair Zoning Board Of Appeals Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director ,LWRP Coordinator' Date April 1,2021 Re: LWRP Coastal Consistency Review for ZBA PETRA AND VINCENT BENIC#7487SE SCTM#1000-70-5-39. PETRA AND VINCENT BENIC#7487SE-Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory storage structure; at: 1375 Pine Neck Road, Southold,NY. SCTM#1000-70-5- 39. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as,the, _ records available to me,the proposal is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney i BOARD MEMBERS _1 Southold Town Hall Leslie Kanes Weisman,Chairperson O��OF S�Ury�l 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, W5 Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) �c,05icholas Planamento lac®U Southold,NY 11971 http://southoldtovrnny.gov y (off ZONING BOARD OF APPEALS TOWN OF SOUTHOLD �:. m 1 � Tel.(631)765-1809 •Fax(631) 765-9064 5J MAR 2021 TO : SOUTHOLD TOWN BUILDING DEPARTMENT RE : VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application RECEM to establish an accessory apartment in an accessory structure L)Zoning LZBA Application : #7487SE 4 2021 Date sent to Building : MQ I ) i. BENIC, Petra and Vincent(70-5-3 OfgPpeals 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: Floor Plans : Venci, Benic Dated : 3/1/2021 Based on the information listed above 0-0 The livable floor area is determined to be G3rsquare 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 revie er Date: 9 3 G Adopted by the Board of Appeals:May 18,2011 RECE VED MAR 0 202� COUNTY OF SUFFOLK Zoning Board Of Appeals OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning March 2,2021 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 Benic,Petra and Vincent #7487SE Very truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo Theodore R.Klein,Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG■100 VETERANS MEMORIAL HWY,11th FI■P.O.BOX 6100■HAUPPAUGE,NY 11786.0099■(631)853.5191 RECEIVED TOWN OF SOUTHOLD FEB 2021 ZONING BOARD OF APPEALS Phone(631)765-1809 (631)765-9064 1 Zoning Board Of Appeals APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Application No.: Date Filed: Applicant(s)Name(s) Petra and Vincent Benic Applicant(s)Address 1375 PINE NECK RD. SOUTHOLD NY 11971 (House No.,Street,Hamlet,Zip Code and mailing address if different from physical address) Applicant(s)phone number(s) 917414-1925 [)J Uwe 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: VINENT AND PETRA BENIC is(are)the owner(s)of the property known and referred to as 1375 PINE NECK RD. SOUTHOLD NY 11971 House No. Street Hamlet Zip Code Identified on the Suffolk County Tax Maps as District 1000, Section 70 Block 05 Lot(s) 39 Lot Size 44,739sFLZone District R40 as shown on the attached deed and survey The above-described property was acquired by the owner(s)on APPROX. JULY 1, 2001 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: The Accessory Building is situated towards the front of the large(for the area)44,739 SF) lot. It is situated 150 ft from the street and blocked by series of evergreens along the street line. On the west side, it is blocked from view by neighbor's garage and driveway. On the east side, it is 52 ft from the property line and is blocked by driveway, evergreen shrubbery and neighbor's accessory building. On the north side, it faces the owner's garage and the main house. We are proposing to convert the 725 SF Accessory Building (Original House on the property) to an Accessory Apartment for our son and his fiance currently living in Los Angeles.They are working remotely. 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: RECEIVED D. The applicant alleges that the following standards prescribed by Section§280- FEB 2 3 2021 13(B)(13)(a)-(k)of the zoning ordinance will be met: a. The accessory apartment will be located in the accessory building. Zoning Board Of Appeals 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 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): [X]has not changed since the issuance of the attached Certificates of Occupancy [ ]has changed or received additional building permits. Certificates of Occupancy for these changes are attached or will be furnished [�(]has been the subject of a prior ZBA decision(s),copies are attached Owner Si a e COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) orn to before me this day of aQ,(- ,200,() otary Publi BETSY A.PERKINS Revised 06/2011 Notary Public,State of New YOfk No.01 PE6130636 Qualified In Suffolk Coun 11 Commission Expires July 18. 29-1 RECEIVED QUESTIONNAIRE l q q 7S� FOR FILING WITH YOUR ZBA APPLICATION FEB 2 3 2021 A. Is the subject premises listed on the real estate market for sale? Zoning Beard OfAppeals 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? NA° 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Trustees:N/A-SINCE BUILDING IS MORE THAN 1 00'AWAY 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 ONE FAMILY RESIDENCE, ACCESSORY BUILDING AND GARAGE and the proposed use ONE FAMILY RESIDENCE, ACCESSORY APARTMENT AND GARAGE (ex existing single family,proposed.same with garage,pool or other) /z/�4, 9/10/20 Authorized signature and Date FORM N'O. 4 DdA TOWN OF SOUTHOLDBUILDING DEPARTMENT Office of the Buildingg Inspector FETown Hall Southold, N.Y. zoning CERTIFICATE OF OCCUPANCY No: Z-30377 Date: 08/24/04 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 1375 PINE NECK RD SOUTHOLD , (HOUSE NO.) (SAMT) (HAMLETp County Tax Map-No. 473889 Section 70 Block 5 Lot 39 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 30, 2002 Pursuant to which Building Permit No. 28782-Z dated SEPTEMBER 25 2CO2 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITIONS & ALTERATIONS TO EXISTING SINGLE FAMILY IWELLING AS APPLIED FOR. The certificate is issued to VINCENT & PETRA BENIC (OWNER) of the aforesaid building. SUFFOLK COUNTY D$PAR' OF HEALTH APPROVAL A ELECMICAL CERTIFICATE NO. 111115 08/14/03 WEOMBERS CMT371CATION DATED T /A A horizrd flignature Rev. 1/81 y TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT ?, �q-&�" Office of the Building Inspector FEB 2 3 2021 Town Hall Southold, N.Y. Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No: Z-27289 Date: 09/05/00 THIS CERTIFIES that the building ALTERATION Location of Property: 1375 PINE NECK RD SOUTHOLD (HOUSE NO.) (STREET) (FST) County Tax Hap No. 473889 Section 70 Block 5 Lot 39 Subdivision Filed Hap Ho. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 9, 1997 pursuant to which Building Permit No. 26658-Z dated JULY 20, 2000 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 ALTERATION & RECONSTRUCTION OF A NON-HABITABLE ACCESSORY BUILDING AS APPLIED FOR & AS PER ZBA #4749. The certificate is issued to LESLIE & ROSE MARIE WINDISCH (OWNER) of the aforesaid building. 30Fp0= Coumm DEPAATMT OF BBELTH APPROVAL N/A gLgJICML I FICaTE NO. 18831 09/04/98 pLVxs= czpaIFICATION DATED 08/^ 11/00 TIMOTHY HORTON ..pfitho;#fied s gnature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD RECEIVED lsj� BUILDING DEPARTMENT FEB 2021 Office of the Building Inspector Town Hall Southold, N.Y. Zoning Board Of Appeals E PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23285 Date OCTOBER 14, 1994 THIS CERTIFIES that the building ACCESSORY BUILDINGS Location of Property 1375 PINE NECK ROAD SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 70 Block 5 Lot 39 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for Accessory Structures built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23285 dated OCTOBER 14, 1994 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 NON-HABITABLE ACCESSORY BUILDING & ACCESSORY 2 CAR GARAGE The certificate is issued to HENRY BARRY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspector Rev. 1/81 41 vvj 17 b r, w Tr t ,t y S 1 'y►� kolh y� 1, f 4 }•�. � _ 1 �" � go. 4 a'- n�'�j y+4�k r.., �' /5 J 1 ;. �' r+•,,��f'r Jt �.� {.4.' la hti l h ^ �j ,ii 7M t'r1N L 1•'r Z vT1 it !. .. f ... � � � s Y �r ;SS x 7vr J 4. - •] trl. r� 'r�t - t., t•.rr . }<. � s1 •mak ., '�� 1 i; } �Y 7r�r�r � ~��,y f1 Y• s• � J,�77. • D 1 Zoning21 Board FORM NO. 4 - __ RECEIVED TOWN OF SOUTHOLD [Zoning EB BUILDING DEPARTMENT ZOZ� TOWN CLERIC'S OFFICE SOUTHOLD, N. Y. Board Of A ppEals CERTIFICATE OF OCCUPANCY No. 86116............... Date ............................ AA.........*........ 19.. THIS CERTIFIES that the building located at .....M...6Z§..WA10K.AAA..................... Street Map No. ..=.............. Block No. .=............... Lot NoZ3=.......1 uthali....JKJ*.................... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......................................001b—.6.......... 19.70. pursuant to which Building Permit No. ...49.6%. dated ............................Qq.t........0............ 19.29., 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 ........ ....Private..Ane...YamUy...dWe.0ing....................................................................:........................ The certificate is issued to ..9e=y..Barry.........owner...................................................... ............ (owner, lessee or tenant) of the aforesaid building. H.D.Approval Jana 139 1971 by He Villa House 1425 _ . .. . . . ..... ...(�... .. . Building Inspector 3 Nature of work(check which applicable): New Bulding _ J/..... Addition ................. Alteration ... .... .. Repair .................. Removal-.................. Demolition................. 'Other Work(Describe)......................... .. 4 - Estimated Cost ..sq: • Od.......................................Fee.....i/ ....:......... ..................................................... (to be paid on filing this application) 5 If dwelling,number of dwelling units........I.................Number of dwelling units on each floor.... ................ Ifgarage,number of cars.......N°.h! ........................................................................................................................ 6. ,If business, commercial or mired occupancy, specify nature and extent of each type of use ....................... .. 7. Dimensions of e>isting structures,if any:Front............................ Rear ................................ Depth .... Height ........................ Number of Stories ............. .................................................................. ... Dimensions of same structure with alterations or additions: Front .................................... Rear ............. ........ Depth ................................ Height ...........................:Number of Stories................................ 8 Dimensions of entire new construction: Front....tz ��..................Rear:r3.r�..e..............Depth.at ../0........ r Height ...o.?.9........... Number of Stories ......riZ.................................................... ................ 9 Size of lot:Front.....1Q.?...............Rear.......t!A:E...................Depth...19:x.................... 10. Date of Purchase .......1 9M....................................Nome of Former Owner....................................................... 11. Zone or use district in which premises are situuted................................................................................................... 12 Does proposed construction%folate any zoning low,ordinance or regulation?.....Nli.:............................................ 13 Name of Owner of premises .&Yf.RrY..F.gRR.yAdrtss..lt!..PAL:9.f��P�Flone No3.r�... ._. aaa Name of Architect....................................................Address ...........................................Phone'No.........a....3...rf...d. Nome of Contractor.�Z'wAoNa L/sa.4 ..Addr / .................................... phone No. G PLOT 0A1$RAM Locate clearly and distinctly all buildings,whether existing or proposed,and indicate all set-back`dimensions from property lines. Give street and block number or descript7on according to deed,and show street names and indicate whether interior or comer lot. RECEVE) FEB 2 3 2021 Zoning Board Of Appeals {� __ '�oPER��( oP o� f' t,Llp5 N �6� ` STATE OF NEW 1� , COUNTY OF I ............. . ................... LRuld!6lil C/«l. .......,21 Ing dull sworn,deposes and says that he is the applicant ( a e of Individual signing alp lica� i above Homed. He is the....................... ......... .......................................... w. - -(Contractor,agent,corporate,officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the`said work and to make and file this application; that all statements contained in this application are trye to-the best of his knowledge and belief:and that the work will be performed in the manner set forth")n the application filed therewith. Sworn to before me this yy ......G-46........day of ...... ... ... .................... 1'9..I.. Notory Public, AEl .. County iii no) o applicant) Q BETH ANN NEVICIE NOTARY UBLIC.State of pow York No Tenn FxP?es Ate Suffolk loRLf{, RECEIVED AGENT/REPRESENTATIVE FEB 2 3 2021 TRANSACTIONAL DISCLOSURE FORM Zoning Board Of Appeals The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town office s aird-empluvees-TFheyurpose—! 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 : VINCENT BENIC hN\7 PMI I CAG C 0p +f e— ( (Last name,first name,middle initial,unless you are applying in the name of someone else oro her 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 ZBA Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 10 day of SEPT 2020 Signature g--— i� Print Name Vincent Bernc ��, G[a APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM IM 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 : PETRA BENIC (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 ZBA Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 10 day of SEPT 2020 Signature Print Name PETRA BENIC RECEIVED -7��7S- FEB 202 Board of Zoning Appeals Application —Zoning Board Of Appeals AUTHORIZATION (Where the Applicant is not the Owner) I, Vincent Benic residing at 1375 Pine Neck Rd. (Print property owner's name) (Mailing Address) SOUTHOLD do hereby authorize Patricia Moore (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Z—X (Owner's Signature) VINCENT BENIC (Print Owner's Name) / I RECEIVED AGRICULTURAL DATA STATEMENT FEB 2 3 2021 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD [Zong Board Of Appeals 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 239m and 2239n of the General Municipal Law. 1. 1. Name of Applicant: G u V C-G 1 fc G 2. Address of Applicant: t:b 7 (lam L s LAAO n 1 3. Name of Land Owner(if other than Applicant): .Sdusp 4. Address of Land Owner: S&V%.R- 5. Description of Proposed Project: LV 6 ec,96T �v V , CIlC KC b 6. Location of Property: (road and Tax mop a number) ( d r9 0 7. Is the parcel within 500 feet of a farm operation? { } Yes fVf No 8. Is this parcel actively farmed? { } Yes f/No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 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. J 617.20 ED Appendix B � Short Environmental Assessment Form FE2021 Instructions for Completing Zonin 9 BAppeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Palesponse become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information CINVERT EXISTING ACCESSORY BUILDING TO ACCESORY APARTMENT Project Location(describe,and attach a location map): 1375 PINE NECK RD. SOUTHOLD NY 11971 Brief Description of Pro osed Action: The Accessory Building is situated towards the front of the large (for the area) 44,739 SF lot. It is situated 150 ft from the street and blocked by series of evergreens along the street line. On the west side, it is blocked from view by neighbor's garage and driveway. On the east side, it is 52 ft from the property line and is blocked by driveway, evergreen shrubbery and neighbor's accessory building. On the north side, it faces the owner's garage and the main house. We are proposing to convert the 725 SF Accessory Building (Original House on the property) to an Accessory Apartment for our son and his fiance currently living in Los Angeles. Name of Applicant or Sponsor: Telephone: 917-414-1925 VINCENT AND PETRA BENIC E-Mail: vine@vbarch.com Address: 1375 PINE NECK RD. City/PO: State: Zip Code: SOUTHOLD NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? X If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 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 03 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 103 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial M Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, RFrF1VED NO YES N/A a.A permitted use under the zoning regulations? -71-f 31 S� �( b.Consistent with the adopted comprehensive plan? FEB 2 3 21021 d 6. Is the proposed action consistent with the predominant ch acter of the existing built or n tural NO YES landscape? Zoning Board Of Appeals 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: NA 10. Will the proposed action connect to an existing public/private water supply? NO YES X If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES X If No,describe method for providing wastewater treatment: 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? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? x If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: iM 0 NE— �-VOAA (00 fyo M,,, 00C1Gc M rnno � 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 0 Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban LXSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? D(NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO SRYES 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)? X If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been t e location WiRTHive or clos d NO YES solid waste management facility? 9 q� 7F� X If Yes,describe: LULI 20.Has the site of the proposed action or an adjoining property been he-subjeot-ef-r�medl .'on ori oing or NO YES completed)for hazardous waste? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Vincnet Bwnic Date: 9/10/20 Signature: YZ— 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 important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED No,or Moderate FEB 2 3 2021 small to large impact impact Zoning Board OLAeaIs 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-tern,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 Town of Southold RF�r_-j� p LWRP CONSISTENCY ASSESSMENT FORM (Zonning (�8�s EB 202 A. INSTRUCTIONS Board cl �f Appeals 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 3fTheSCTM# —,�o- �5' - 3'1— The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. © Building Dept. © Board of Trustees 0 064 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation,land transaction) R (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ��r Location of action: 1-2> 7S— Mea RECEIVEf) N9 7'e Site acreage: j FEB 2 3 2021 Present land use: �/s/� //Q(J� Cw7 et&e,S�ol tl gglnI Board OfA�Peals Present zoning classification: /)- �Q 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:. �(C mac/ 14-GQ 4W'�- (b) Mailing address: 3-7S— /' lne Ale—c- OW r J Qumf �0/ (c) Telephone number: Area Code 7 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No N] If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. F 51 Yes ❑ No ❑ Not Applicable �lC d Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No IX 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 Q No � Not Applicable FCLIVEL) I FER 2 3 22 Zonina Attach additional sheets if necessary s NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes I!] No ® 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 13 YesE] No 'LVN-'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. R Yes [] No[4 Not Applicable t, RECEIVED FEB 2 3 2021 t Attach additional sheets if necessary Zoning Board OPAp eals Policy 7. Protect and improve air quality in the Town of Southold. See RP�ctiomlicies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No K] 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. rvn ❑ Yes ❑ No 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 LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeO No� Not Applicable Attach 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 ❑ No [t Not Applicable e . ECEIVED F �'onina R:�,a n Attach additional sheets if necessary _ C +s Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No L'-I�J 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. ❑ Yes El No� 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. ❑ Yes ❑ No tA Not Applicable Created on 512510511:20 AM LDECEIVED ` 7q-8 'S6 FEB 2 3 2021 g Board �f pppeai� 70 03 s Z a k _ - i APPEALS BOARD MEMBERS �Q$UFFO(�CO -` ��O y Southold Town Hall Lydia A.Tortora, Chairwoman c 53095 Main Road Gerard P. Goehringer P.O.Box 1179 George Horning O .� Southold,New York 11971-0959 Ruth D. Oliva y?�� O� ZBA Fax(631)765-9064 Vmcent Orlando 1 Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMI ATION RECEIVED MEETING OF JANUARY 23, 2003 -7 q-s 7fi5 Appl. No. 5220—V. and P. Benic FEB 2 3 2021 Property Location: 1375 Pine Neck Road, Southold Parcel No. 70-5-39 Zoning Board Of Appeals SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 1.027-acre parcel is located on the south side of Pine Neck Road, Southold, referred to as Lot 8 on the Map of G. Wells Phillips filed November 6, 1909 in the Suffolk County Clerk's Office. The property is improved with a two-story wood frame dwelling, and two other buildings located as shown on the December 27, 2001 survey. BASIS OF APPLICATION: Building Department's July 1, 2002 Notice of Disapproval denying a permit_to erect a six ft. high fence along the front yard area at a height exceeding the code limitation of four feet pursuant to Code Section 100-231. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2003, which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to place a 6 ft. high stockade- type fence +-188 feet in length along the westerly property line, commencing at a point +- 85 feet from the lot line along Pine Neck Road. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change n the character of the neighborhood or a detriment to nearby properties. The parcel consists of three buildings, the main house and two detached buildings to the south of the dwelling (a garage and cottage not to be used for living quarters. At the hearing the applicant indicated there was a great need for this privacy fence between his property and the neighboring property to the west. After review of the file and Page 2—January 23,2003 Appl.No.5220—V.and P.Benic RECEIVED 70-5-39 at Southold '�!f ev—lse FEB 2 3 2021 ` Zoning Board Of Appeals viewing the area, it is noted that the yard proposed for placement of the fence actually gives the appearance of a side yard, not a front yard. Therefore the placement of a 6 ft. high fence, at two feet higher than the code requirement of 4 feet, will not significantly change the character of the neighborhood and surrounding properties. 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 6 ft. high fences are allowable by code along a rear or side yard. The property is a waterfront parcel. The code provides for accessory buildings (over 6 ft. in height) to be located in a permitted front yard, which exist on both the applicant's property and the neighboring westerly property. The fence will shield these yard areas privacy. 3. The amount of relief requested is significant based upon the amount of fencing proposed, however, not in reference to the 1.027-acre size of the property and 445 ft. depth of the properties. 4. The difficulty is self-created because fences of this height are generally not permitted in a front yard. 5. No evidence has been submitted to suggest that the proposed height will have an adverse impact on physical or environmental conditions in the neighborhood. The fence location is in a wooded area with evergreens which will be in character and in conformity for appearance between the properties. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 6 ft. high fence, while preserving and protecting,the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Orlando, and duly carried to GRANT the Variance as applied for and shown on the December 27, 2001 survey prepared by Joseph A. Ingegno, L.S. with fence location noted by the applicant. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, 3 Page 3—January 23,2003 � • , Appl.No.5220—V.and P.Benic 70-5-39 at Southold '-`""---�--•----.._,.e,.,,`` RECE-HVEn -7Ail 7s4? FEB 2 3 2021 Zoning Board Of p Pneais setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). ia A. Tortora, C airwoman—Approved for Filing 3/�O /03 D F-11 fE J.I':.J L - ; 31110%3 H;-Lrh !/:a0 A* �S 1� RECEIVED 7 s� %c/ FEB 2 / c , 3 2021 [Zoning Board Of Appeals APP&L&BOARD MEMBERS Southold Town Halt Gerard P. Goehringer,Chairman �'� y� 53095 Main Road James Dinizio,Jr. y = P.O. Box 1179 Lydia A.Tortora Southold, New York 11971 Lora S. Collins y O�� ZBA Fax(516)765-9064 George Horning �Ol �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED �1f87�'� FEB 2 2021 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 zone_ n�g e�a`rd 0 n Appl. No. 4749- LESLIE WINDISCH 1000-70-5-39 STREET& LOCATION: 1375 Pine Neck Road, Southold DATE OF PUBLIC HEARING: October 14, 1999; November 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 46,000+- sq. ft. in area with 100 ft. frontage along the north side of Pine Neck Road, Southold. The lot is known as Lot 8_ on the Map of G. Wells Phillips filed in the Suffolk County Clerk's Office as Map No. 297. The property is improved with a principal one-story frame dwelling, two accessory buildings, and a small enclosure for the well pump. One of the accessory buildings is a garage and the other contains a bathroom and rooms used formerly by the owner's family for sleeping, without kitchen facilities (Ref: Town's September 22, 1994 inspection report by the Building Department). BASIS OF APPLICATION: Building Inspector's August 12, 1999 Notice of Disapproval which states that the application for a building permit to "alter non-habitable accessory cottage to habitable structure" is not a permitted accessory use pursuant to Article III, Section 100-31C, and that the proposed change of use will constitute a second dwelling on lot pursuant to Article III, Section 100-31A.1. (No physical alteration or change in the building construction is indicated on the application for a building permit.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The Board concurs with the evidence presented that a Preexisting Certificate of Occupancy was granted to predecessors/successors in title, and therefore the variance application is moot. However, counsel for the applicant indicated at the hearings that predecessors/successors in title removed kitchen facilities from said structure and subsequently rehabilitated the accessory structure. 2. For the record, the accessory structure contains the following: insulation and limited bathroom (lavatory)facilities. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy an accessory building, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Homing, seconded by Member Dinizio, it was Paget-December 14, 1999 RECE ,F ZBA Appl. No.449- Leslie Windisch In 8 Parcel 1000-70-5-39 at Southold � �s' FEB 2 3 2021 Zoning Burd Of Appeals RESOLVED, to REAFFIRM the Pre-Existing Certificate of Occupancy (Pre-CO) for this accessory structure. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Collins, and Homing. (Member Tortora was absent due to illness). This Resolution duly ado (4-0). 'GE RD P. GOEHRI GER, C AIRMAN Approved for Filing by 1212019 QED BY LIZ D. f F IVED 7s�202t pip ppeals I iIIIIIII�II�IIII�IWIII��lillll�� IIIIIIII��N SUFFOLK COMM CLERIC RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 11/18/2004 Number of Pages: 4 At: O1s37sO7 RK Receipt Number : 04-0127055 TRANSFER TAX NQNBER: 04-16415 LIBER: D00012355 PAGE: 667 Districts Section: Block: Lot: 1000 070.00 05.00 039.000 ExAMnM AND CHARM As FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt t Page/Filing $12.00 NO Naa+dling $5.00 No COB $5.00 NO NYS SRCHQ $15.00 NO RA-Cr! $5.00 NO IL-STATE $75.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO a= $0.00 NO Transfer tax $0.00 No Camn Prea $0.00 NO Fees Paid $152.00 TRANSFER TA= NONBRRs 04-16415 THIS PAM IS A PART OF THE INBTRID W THIS IS NOT A BILL Hdward P.Romaine County Clerk, Suffolk County RFaIVED 7If97ct LZoning B 2 3 2021 Board Of Appeals �. 2 I�umberofpagn p�0� TORRENS X0M How 18 0123?-07 PP1 Edward P.Pupexre Serial B ' CLERK OF WFOLIC COLW.1,P Certificate 0 L 000012355 P 667 PoorCtr.11 DTO D4-16415 Deed/Mortgage InstrumentDeal/MWWW Tax Stamp Recording/Filing Stamps s FF.F.S Page/Filing Fee Mad~Amt. Handling � 1•Basic Tax TP-584 2.Additional Tax Nutatfun Sub Total FA-32!7(Coeauy) Sub Total SPKJAssk. Or EA-5217(State) �1Ad& R-P.T.S./1. TOT MTG.TAX Canuo.orEd. s QQ— Dual Town' 1 County Held for Apptxtimmeat Affidavit • • Transfer TW Certified Copy M4msiw►Tu Tho ptopett cavcred by this mangaga is or Reg.Copy will be Improved by a ona or two family Other Sub Total dweOmgYYES ✓ arNO alb GRAND TOTAL If NO.see appeoprim tax clause an page Y ofthis huatument. S Rad Property Tia Service Agency Verification 6 COmmutt'I Preservation Fuad Dist-•_ ... Section I . Blode __lot Conaldcratio22 Amount S- _=a=_ Stamp 04048= 1000 07000 0500 039000 CPF Tax Due S Due �R RT Improved • Imitirb 1I2�0y Vacant Land 7 SWkfoc1ImWDiachargWRrie�es List Ownes Mailing Add TD ARECORD di RSTIIMTO2 Michael J. Stronkk fD 6080 Jericho Tumpike TD Commack, NY 11725-2858 181 Title Company Information Co.Name T1tic N —,r 9 Suffolk County Recording& Endorsement Pa e This page fDmts pan Of the attndW ,tom made by: (SPED FY TYPE OF INSIRUMFNI') Vincent 6 Petra Benic The prtttass htxeitt is:gtteted in SLUT-OX CM41Y,NEW YORK •1.O In the TOumsitip of SrmthOld Petra Benic In the VIIJAGE or HAMLErof HUNES S'RfftU 9 MUSE SE OR PRIN11W IN BLACK INK ONLY PIUOR.'M RECORDING OR RUNG. �6 7Q— 3 1 RFCFiVFD -- - - - - FEB 2 3 2021 COMULT YOUR LAWYER�MNRM TNa WSTR AWW—'M=ansrR UM SNC Bir►LAWYERS ONLY f a _ g Burd Of AP Fats THIS INDENTURE,rnaft the day 2004. BETWEEN VINCENT GENIC and PETRA GENIC,husband and wife,both residing at 334 Acro Lane,Hickawme, NY 11801. party of the first part.and PETRA BENIC,rasldiag at 334 Acre Lens.Hicimille.NY 11801. party of the second pert, WITNESSETH.that the party of to firat part,In consldeuaton often dollars and other valuable co alderedon paid by the party of to second part,does hereby grant end release unto the party of the second part,the heirs or succezoors and assigns of the party of ties second part formed ALL that certain plot,piece or parcel of tend,with the buitdbgs and Yrrpro vements thereon erected.situate,lying and being In the Town of Sordhofd and County of Srdl6lk and Slate of Now York and mora particularly datacrdsed an the attached Schedule'X. SAID PREMISES being known as 1375 Pins Neck Road.Southold.Now York,11971. BEING THE SAYE prornams conveyed to grantors Ihersin bydssd dated July27.2001,and recorded in the Office Dist. 1000 Of the Suffolk County Clark on August 13.2001 In L11w 000012135.Page 239. See. 070.00 TOGETHER wbh all right.We and inlerest.It any,of the party of the fust pmand t In ato any stresis and roads alk. 05.00000 abutting the above desafbedpnmfastodrocenter lMsthersoftTOGETHER with theappwtenencenmWallthe Lot 039. eitateandrigfhtsofthepartyofthefksapertieendIoamidpawdsm HAVEANDTOHOLD the prtlmMeaherein grey. unto the party of the second taut,the hairs or successors and ssslgns of the party of the second part foreveer. AND the party of Rhe first partcovenants Wast the party of the first part has net done or suffered anything whereby Me amid promises ham been encumbered In any way whatover,excel as aforesaid. AND the{arty of the first part.In compliance with Section 13 of the Lien Low.covenants that the party of the first partwitrsaslvstheconsiderationforthis conveyance amdwilthetiMierighttoreceivesuch conslift atlonmantrust fund to bs opp8ed fiat for the purpose cipaybhg Ma cod of Ma Yrepro mment and wid nippy to same first to the payrnaret of the cost of the inprovement befaro ktsig any partaf the total of the arms for any other purpose.The word party'shell be construed as 9 it mad pa~whT ever the sense of thU irdsnturs so requires. w WITNESS WHEREOF.the party of On fiat part has duly executed this dead the day and year Ran above written. IMI-10.9; k Yb i:.l ZA-L`!N Olf Ver P�, t�-lP.wnr 1 .atmr►PJEt4C sraedrranLY$T.U.FamhS009-6.prr,alar.UN.d.�hCorsthreaMt�obflsArls–UhitumAmnM�dpesnt - Foram 3290 t t ` I RECEIVED FEB 2 3 2021 Zoning Board 0 . To BR usEfl q Ill w••"'�••,,•Q.wJt.xw.y.,�e.Efrr�a E fN I�w YoraK'�'---R•-�__.___ f A Pp e.a I S Stab of NewYork.County of 4145040 p Slide of New York CwadY of ax On ter / dayOf trSc�nrt•` yu+ysv 20M Onth. Year Were me, s underNpnW.personally appeared before me.em ndwsgned.p&=n IV In VkXWd Beare arta Pete Berle personaily known to me or proved to no an Ors beets of persoreatly known to me or proved ats on eatafaeery evhknee m it be On dM&j (s)wkross nrms(e)Is auefectoy wAdenos b be the I ugi(s)whom the narne(•)basis in (am)subecdbWtothOviRtMlnaburWdandaWr4wAedpedtoma (ars oubscrlbedtDfhewkhinbtsinnneMand toffe i�hmWKW W the name in hIsIftw Wrrap�rpss). riot ey UW hgiot&V earaadad Ore nam.in Isar iapad�ty s) by sipnsbae(a)on the ktai mmd,Me and that by Ma7mr;Vnlr agnMae(e)on Ow tnafaranerd, the IndIvIdLISKS)GrIhm K(/ee/tppeeOab1as endtn tlabdvW(s) 1nags),-the person upon belafloTwhkhthe - a(s)i20W,executed tlro kabmaL oOW (stansbae end otitae of Individ t.1t.1dr9 edtrwvrledgrrtsnr) WIWAMK.NOKTMTAYLOR Notay,6 n"Will cam �sr aNefa TO BE USED ONLY WHEN THE Ate_n ennrterrr Is Mens C MME MMN YORK STATE stets(or 016110!of Colum .Territory,or Foreign Cowry)of as: j On dw day of In the year bsfere me.Oto1 urfdmsfpned,pocronatly appeared I+ personally known m me or proved to me On the bob of sOdscilmy"ante lo be the kadlMdua[(s)wtwae maws) in(are) subscribed to the wMhln instrument end acknowledged in ms that krsfalmNfey samwisd the same ln hISIM MMW aapedty(las),and t OW by krslharRhair sWolure(s)an the hobuctwit the Mdtvldiral(e),or tee person upon beltN!ofwhich Urs lrfdtNdual(s)acted. executed the Westruntertt,end tlrst such Wwtvld,�l nfsde Stich appearance beibre the urdersiOrrod Wf tw• In &rsed Ois Chy ar cum potltdfal subdivislon) (end Wert toSt is or Cmxwy or odfx piece the ackraWaft I m wWtskm). (slprtalwe obis oDce of Widitikkcrl paNWip aekrtoavtedprrrerd) BARGAIN AND SALE DEED SECTION 070.00 W1TN COVENANT AGAINST GRANTOR'S ACTS BLOCK MOD LOT 039.000 TIDO No. COUNTY OR TOWN SouOrold STREET ADDRESS 1375 Pine Nark Road SOLIUMIK NY 11971 sraeonrmFORM OFtasvvatetartkevlttteu42Ersemore RECORD A RETURN TO. GisbMuled by MICHAEL J.STRENK onwealth SOW Jedcho Tumpow Canartack.M!11726.2858 Oo.o.ra.�w,ff-AIM rfttIaofawnMCOMPALW f sea®tva,rowtearaller�arllsoorerreorstta � t r - I i � Ij - - - --- - - - --- -- --- -- — — --- LZO'Min EB 2gourdSchedule A ALL that certain plot,piece or parcel of land.situate,lying and being In the Town of Southold,County of Suffolk,State of New York,known and designated as Lot 8 on-a certain mag entitled.'Map of Property of G.Wells PhIllipe,fled in the Suffolk County Clerks Office on 11/06100 as Map No.297.bounded and described as follows: BEGINNING at a point on the northerly side of Pine Neck Road where the same Is interested by tha division line between Lots 7 and 8 as shown on the aforesaid imp,said point of beginning being where the division One between the prendses herein described and lands nor ow formerly of James F.Wills and Maureen A.Wills intersects the northerly side of Pine Neck Road,sold point of beginning also being 999 feet more or less(tax map)westerly from the intersection of the westerly side of Oaklawn Avenue with the northerly side of Pine Neck Road; RUNNING THENCE slon&e northerly side of Pine Neck Road North 84 degrees 15 minutes 00 seconds west 100.00 feet to the easterly line of Lot 9 as shown on the aforesaid map and lands now or formerly of Gus,Sideds: RUNNING THENCE.along the division Me of Lots 8 and 9 on the aforesaid srdp North 05 degrees 0 .Wriutes 00 seconds east 421.14 feet to the high water mark of Jockey Cieok as survey6d 12109194; RUNNING THENCE easterly along the high water meander line as of 12109/94 the fnitowinq twc(2 ou Oes and distances: _ .. 1} north 96 degrees.15 minutes 45 seconds east 52.74;and 2) north 79 degrees 42 minutes 35 seconds east 55.72 feet to the westerly Pure of Lot 7 on the aforesaid map; and ' RUNNING-THENCE along the division One of Lots 7 and 8 on the aforesaid map south 05 degrees 00 minutes,00*seconds west 462.50 fed to the northerly side of Pine Neck Road at the point or place of BEGINNING. r ' TOWN -OF OUTHOLD PROPERTY R_d� R!� .�- r" OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER! A"A,1. �},' N ,� ACRE p, E �$.. 1 /AGE f c) x S' { W t . : ap.^f TYPE OF BUILDING /—�- RES. SEAS, VL. FARM COMM. IND. CB. MISC. �--- 9 r� LAND ( IMP. TOTAL DATE REMARKS La rn ,,..4 5 BELOW x _ c�7�6 ABOVE _ Earcx�_- _ Atre . -,I _alue Per cry-, i Value Tillable 1 Tillable 2 ; Tillable 3 Woodland Swampland ,ff-/ Brushland I r f 1 J House Plot Tota I TOWN OF SOUTHOLD PROPERTY RECOMD° CARD , OWNER STREET VILLAGE DIST. SUB. LOT >e-' = r ter.✓ <k„-' -� `� � a FORMER OWNER `S N E AGR. S W TYPE OF BUILDING :ES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS illable FRONTAGE ON WATER - �, o� FnT _�t� Woodland FRONTAGE ON ROAD (% -� ►eadowlond DEPTH _- ous® Plot BULKHEAD )tal 7 k ♦ ;gyp.1i fC'.k •'r � i i , V fir':M r ty°Y • low ■■■■■■■■■■■■■©■■■■■■■■■■■■■■■ ■■■■■■■■■■■E�■■■■■�*■■■■ ■■■■■■ H..+ Y+^ ■■■■■■■ ■■■■■■■■■■�� ■ ■■■■ tib• _.....r, MEN MEN ` ■■■ ■■■■■■■■■■■■■■■■■■■8■f ■■■ • ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ Interior Finish Fire Place ® Rooms I st Floor 1 T Zo 0 N/F GUS 410CRIS 1427' MAP) N 5° 00' E i PIL OAR. yN I �'a• O Aro". aer'e rIRIe wl.e re�ee 421.14 3 _ � A Z, aG�e. N BM LINtE t,vett 2�9y $ m relN000y 4 ,grArlYr reee I 6% o aLl � sa Z tll 1 STORY ~ p FRAMEFRAME • SED n DWELL _1 RAIDWELLINOCNCO t p � arvewwvl'•..... ` rq a p FRA p WIRRI GARME Ea x r NeN e.a e. v $5° 00'W - 1 aTORY PR. rAtp �� (4ea' NAP) ^: T �olGie o[ 462.50' ci xO z YlTAL tN007 � 1Lq � Ly o i tT N/F JAMES F.. B NAU R EEN A. WILLS 0 (n IV - to r to -°i N A e I UNAITNORREO ALTERATILN OR ADDITION TO A SURVEY YAP BEARING A LICENSED UM SURVEYOR'S SEAL M A VIOLATION OF SECTIO LAWN L OF SUB.On SIGTHE NEW YORK STATE rds ONLY CORES FROM THE 04IGJNAL OF THIS SURVEY MARKED 0 WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR Oq KLq wN GORES. La —r( HIS EMBOSSED SEALSNAL.BE CONSIDERED TO BE VALID TRUE i AVE CERTIFICATIONS INOICATIO HEREON SIGNIFY THAT INI9 I-1--i SURVEY WAS PREPARED J ACCORDANCE WITH THE EXISTING D7 T 1 COOS OF PRACTICE FOR LAID SURVEYS ADOPTED BY THE NEW 0 YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY• ,- ORS SAID CE - CERTIFICATION!SMALL RUN ONLY TG THE PERSON 1 rn FOR WHOM THE SURVEY ISNREPARED ANOON TMISDEMLFTO Q ME TITLE COMPANY,GOVTRNMENTAL AGENCY AND LENDING C M ' WSTTNTION LISTED HEREON.AND TO THE ASSIGNEES TR THE N r'IT Thomas Licurse LENDING INSTITUTIGN C?RTIFKATIONB ARE NOT TONS FEABL TO ADOITIONAI INSTITUTIONS OR SUSSEGUENT O -C3ry Licensed Professional Land Surveyor CERTIFIED TO .� 7 15181-724-4530 NATIONS TITLE INSURANCE OF NEW YORK INC SURVEY OF PROPERTY AT SOUTHOLD (n $�L�Of P1F�1' PO Box 701 OMNI ABSTRACT CORP. (9400.296404) TOWN OF SOUTHOLD gQr'p5 t� �Q Jericho.NY 11753 LESLIE WINDISON COUNTYOF SUFFOLK, N.Y. (FILED-11-D6-1909,0297) ROSE MARIE WINOISCN MAP OF"PROP.OF G.WELLS PHILLIPS° ; PNC MORTGAGE CORP.OF AMERICA BLOCK: � LOT: 19 DIST. 1000,6ECT, 070.00,BLK.05.00, LOT 039.000 SCALE I" °40! DATE: DEC.9, 1994 TN ^ 04BB54 rchitect Ai M, LA" Vincent Benic Architect LLC March 1,2021 ZONING BOARD OF APPEALS; TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road- P.O.Box 1179 Southold,NY 11971-0959 Re: BENIC:Accessory Apartment Application 1375 Pine Neck Rd. Southold,NY 11971 Dear Elizabeth, Please find enclosed 2 sets of Drawings signed, sealed and dated for the above application. Any questions,please let me know. Thank you, Vincent Benic,AIA Principal PO Box 92, Soutrhold NY 11971 Tel.917-414-1925 and 212.475.1112 Email:vincenvbarch.com 'W11 _' _ W-l", Sakarellos, Elizabeth From: pcmoore@mooreattys.com Sent: Wednesday, February 24, 2021 2:26 PM To: Sakarellos, Elizabeth Cc: Vince Benic Subject: RE: FW: Benic Hi Elizabeth- yes, received. I looked at my emails late and I forwarded it to Vincent. I will re-send to him today to remind him. Pat. PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax,# 631.765.4643 www.mooreattys.com -------- Original Message -------- -Subject: FW: Benic From: "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.ny.us> Date: Wed, February 24, 2021 2:15 pm To: "pcmoore@mooreattys.com" <pcmoore@mooreattys.com> I didn't hear back from you so I'm just checking to make sure that you got it. Thank you, From: Sakarellos, Elizabeth Sent: Tuesday, February 23, 2021 10:34 AM To: pcmoore mooreattys.com Cc: Fuentes, Kim <kimf@southoldtownny.gov> Subject: Benic Hi Pat, I am reviewing/processing the Benic application, can you please have Mr. Benic date his site plan and floor plans. He has his signature but no date and drop off at our box. Also there was a Pre CO and an additional CO that we found and we have added them to the packets. Thank you, E;-U'Zol beth soka reUos Office Assistant 1 Westermann, Donna From: Westermann, Donna Sent: Monday, February 08, 2021 10:19 AM To: juliaschade@mooreattys.com' Cc: Sakarellos, Elizabeth; Fuentes, Kim Subject: RE: New ZBA Special Application (Benic - 1375 Pine Neck Rd) Good morning Julia, We have reviewed the application, and note the following: ® Need proof of STAR exemption • Please ensure all plans/surveys are stamped and signed by design professional Once you have the STAR exemption,you are all set and we can accept. s.4 Thank you, Donna From:juliaschade(�bmooreattys.com [mailto:juliaschade@mooreattys.com] Sent: Monday, February 08, 20219:24 AM To: Fuentes, Kim; Westermann, Donna; Sakarellos, Elizabeth Cc: Pat; Betsy; Juliaspan Subject: New ZBA Special Application (Benic- 1375 Pine Neck Rd) Good morning, Please see the attached new special exception application for an accessory apartment in an accessory structure at 1375 Pine Neck Road, Southold. Please advise if'all looks acceptable and we will drop off packets to you along with the check for$500. Thank you! Julia Schade Moore Law Offices William D. Moore, Esq. 631-765-4663 Patricia C. Moore, Esq. 631-765-4330 Mailing and physical address: 51020 Main Road Southold NY 11971 Fax number for both: 631-765-4643 www.mooreattys.com WARNING!-',,A #RAl1'D ADV�aSORY Wire fraud and email hacking/phishing attacks are on the increase! If you have a closing transaction with this office and receive an email containing Wire Transfer Instructions, DO NOT RESPOND TO THE EMAIL! Instead, call our office immediately, using previously known contact information and NOT the information provided in the email to verify the information prior to wiring funds. NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee(s). If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and the attachments hereto, if any, is strictly 1 � t RECEIVED PATRICIA C. MOORE Attorney at Law r iFG 2 -0 2021 51020 Main Road Southold,New York 11971 zoning Boa dOf Appeals Tel: (631) 765-4330 Fax: (631) 765-4643 Betsy Perkins Paralegal Julia Spanburgh Julia Schade February 22, 2021 Zoning Board of Appeals Town of Southold PO Box 1179 Southold,NY 11971 RE: 1375 Pine Neck Road, Southold (Benic) SCTM: 1000-70-5-39 Application for Special Exception—Accessory Apartment in Accessory Building Dear Board members: Enclosed please find an application to the Southold Town Board of Appeals and my client's check in the amount of$500.00 made payable to the Town of Southold. Thank you. Very truly yours. -14W-k-a— C` JAS Patricia C. Moore PCM/jms s3 ELIZABETH A.NEVILLE,MMC h� �y Town Hall, 53095 Main Road TOWN CLERK ® P.O.Box 1179 CA 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 • Fax(631)765-6145 MARRIAGE OFFICER �� `► Q Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER Oj FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 26, 2021 RE: Zoning Appeal No. 7487SE Transmitted herewith is Zoning Appeals No. 7487SE for Petra & Vincent Benic: Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire _Correspondence- 21=1 a.1 �. AA:1J 2 11 ,,-Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork-g�Wr(Z i a+;o,,` '�� . �, �:caif�6kf i-td&44n-44or%;,be%vc.S Copy of Deed(s) /Findings, Deliberations and Determination Meeting(s) Agricultural Data Statement _Short Environmental Assessment Form __,ZBoard of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) ,/Applicant/Owner Transactional Disclosure Form(s) LVW Consistency Assessment Form ,/Photos Property Record Card(s) Maps- ZSurvey/Site Plan Drawings Town of Southold P0Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/26/21 Receipt##: 278136 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7487SE $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#106 $500.00 Benic, Petra&Vincent Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Benic, Petra &Vincent 1375 Pine Neck Rd Southold, NY 11971 Clerk ID: JENNIFER Internal ID.7487SE bc63afe2-dla9-4bf7-84df-73fO4a595207 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDA�� M'F 6 120241 at 10:00 AMPUBLIC HEARINGSThis PUBLIC HEARING will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted.The public will have access to view, listen and make comment during the meeting as it is happening via Zoom Webinar. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownny.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://www.southoldtownny.gov/calendar.aspx. 10:00 A.M. -KONSTANTINOS DIAKOVASILIS#7465SE—(Adjourned from April 1,2021)Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 2095 Ruth Road,Mattituck,NY. SCTM#1 000-106.-7-6.10:10 A.M. -CHARLES SCHWAB AND TAMMY SCHWAB#7486-Request for a Variance from Article III, Section 280-15; and the Building Inspector's February 16,2021 Notice of Disapproval based on an application for a permit to construct an accessory garage; at 1) located in other than the code permitted rear yard; located at: 4370 No. Bayview Road, Southold,NY. SCTM No. 1000-79-2-4.3.10:20 A.M. -PETRA AND VINCENT BENIC#7487SE- Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory storage structure; at: 1375 Pine Neck Road, Southold,NY. SCTM#1000-70-5-39.10:30 A.M. -WILLIAM A. PRYDATKO,JANE MARIE PRYDATKO,ET-AL#7488 -Request for Variances from Article III, Section 280-15;Article XXIII, Section 280-124; and the Building Inspector's December 22,2020,Amended January 19, 2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory in-ground swimming pool ; at 1)proposed dwelling is located less than the code required front yard setback of 40 feet 2)proposed swimming pool located in other than the code permitted rear yard; located at: 230 Wiggins Lane, Greenport,NY. SCTM No. 1000-35-4-28.41.10:40 A.M. -ARGYRIS DELLAPORTAS-#7489SE-Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfdst,,accessory and incidental to the residential occupancy in this single-family dwelling,with four(4)bedrooms for lodging and serving of breakfast to the B&B casual,transient roomers.Located at: 9625 Route 25,East Marion,NY. SCTM#1000-31-3-21. 10:50 A.M. -JOSEPH AND BARBARA ORLANDO#7490 -Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's February 25,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required side yard setback of 10 feet; located at: 900 Goose Creek Lane, (Adj. to Goose Creek) Southold,NY. SCTM No. 1000-78-8-2.11:00 A.M. - CATHERINE AND PETER MELLY#7491 -Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's February 12, 2021 Notice of Disapproval based on an application for a permit to construct a new single family dwelling; at 1) located less than the code required front yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 1375 Sterling Road, Cutchogue,NY. SCTM No. 1000-104-2-24.1:00 P.M. - STICKS & STONES OUTDOORS—IAN ZUHOSKI#7492-Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's March 1, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required front yard setback of 40 feet; 2)located less than the code required minimum side yard setback of 15 feet; located at: 3995 Wells Avenue(Adj.to Jockey Creek), Southold,NY. SCTM No. 1000-70-4-1.1:10 P.M. -LEON PETROLEUM LLC (BP Mattituck)#7493 -Request for Variances from Article XIX, SOUTHOLD TOWN BD OF APPLS 205 bc63afe2-dla9-4bf7-84df-73f04a595207 kimf@southold✓t�ownn g ov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-85D(7) and Section 280-87A; and the Building Inspector's March 10, 2021 Notice of Disapproval based on an application for a permit to replace three(3)existing roof signs and one(1) existing freestanding sign; at 1)four(4) signs proposed to be internally lit,which is not permitted; a sign may only be lit from an external source; 2) freestanding sign is more than the maximum size permitted of_24—s q. ft. feet in area; 3}freestanding s gn IS more than the maximum height permitted of 15 feet above the ground; located at: 16900 NYS Route 25,Mattituck,NY. SCTM No. 1000-115-3-9.1:20 P.M. -LEON PETROLEUM LLC(BP Peconic) #7494-Request for Variances from Article XIX, Section 280-85D(7) and Section 280-87A; and the Building Inspector's March 10,2021 Notice of Disapproval based on an application for a permit to replace three(3) existing roof signs and one(1)existing freestanding sign; at 1) four(4) signs proposed to be internally lit,which is not permitted; a sign may only be lit from an external source; 2) freestanding sign is more than the maximum size permitted 24 sq. ft. feet in area; 3) freestanding sign is more than the maximum height permitted 15 feet above the ground; located at: 32400 County Road 48, Peconic,NY. SCTM No. 1000-74-4-7.1,1:30P.M. - HARVEST INN—STACY AND STEVEN ISAACS#7504SE-Applicants request a Special Exception under Article III Section 280-13B(14). The Applicants are the owners requesting authorization to establish an Accessory Bed and Breakfast,accessory and incidental to the residential occupancy in this single-family dwelling,with five(5)bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers; located at 40300 Main Road,Peconic,NY. SCTM No. 1000-86-4-1.4.The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals"(ZBA)\Board Actions\Pending. Click.Link: http://24.38.28'.228:20440/weblink/13rowse.aspx?dbid=0. Contact our office at(631)765-1809,or by email: kimf@southoldtownny.goyDated: April 15, 2021ZONING BOARD OF APPEALS,LESLIE KANES WEISMAN, CHAIRPERSONBY: Kim E.Fuentes54375 Main Road (Office Location),P.O. Box 1179,'Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 206 bc63afe2-dl a9-4b17-84df-73f04a595207 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION h The Suffolk Thnes State of New York, County of Suffolk, The undersigned is the authorized designee of Andrew Olsen, the publisher of The Suffolk Times, a Daily Newspaper published in Suffolk County,New York. I certify that the public notice, a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: April 29, 2021 This newspaper has been designated by the County Clerk of Suffolk County, as a newspaper of record in this county, and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 06 day of May 2021 No ary Signatu e , ' �° ° ° 0 STATE 9 OF NEW YORK ' NOTARI'PUBLIC Notary Public Stamp ALBANY O C1O• OIRE6399443 7A.- •1� '7 N to l U tl%,,,`` SOUTHOLD TOWN BD OF APPLS 204 BOARD MEMBERS ®F SO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 �O l® Southold,NY 11971-09.59 Patricia Acampora Office Location: Eric Dantes c� Town Annex/First Floor, Robert Lehnert,Jr. • ao°� 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®u 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 6 2021 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the MAY 6, 2021 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:20 A.M. - PETRA AND VINCENT BENIC #7487SE -Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory storage structure; at: 1375 Pine Neck Road, Southold, NY. SCTM# 1000-70-5- 39. 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: April 15, 2021 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 ' . Fkl . 1 �{ Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 H Southold,New York 11971-0959 ., .r Pry r Fax(631) 765-9064 11 ZONING BOARD OF APPEALS Z\00 DATE: April 5, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the May 6, 2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. 'ear_ s c:IOWAo de �ao;: -e r e nt .: k`z ;tQ° ; e r •; � F_f'b M.c h at gG 13 4 f '� 1. Yellow sign to post on your property a minimum of seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than April 28, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as Plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by April 26, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. 1._ Instructions for ZBA Public Hearin& Page 2 Please send by ljA$;R- ,( the following documents 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. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by April 19, 2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblinkBrowse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold >Assessors >Assessment Books/Tax Rolls > 2010-2019 >2019 http://24.38.28.228:2040/weblink/0/doc/I022250/Pa el.aspx. � 1ai � j , MUM t�Qi -yap .QB01 Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant • �.I, a„ �a,�.�y �� /f�' � fY,�^ }'r ,• 3-�`� ✓art tt �' a �Lir�tl�Lr� 3w99 � yy ri r ttr s: AtEUt 5b�x r ' s rk {�.,.ig EaY o hr r „vms �jls � x Ml > � ' UAI '°i. yyi�y 'r. e"s�r'ki!t�` '`. :' c� ti i+�` � Tr ac' ��.7.. T 'l i'.`{.r,�h ,+. .z1 r*n �r ,+ '"',ssy. T�(r'x' � �. rS C cotiz�cr k t? k Pill- , � r r ra < rr `� i _,��- =`a. _ cn, `t k..'J c.r, "`'i 3s�d' is ,.. '.. 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'T.X.Ora0 d_>2ontr788narA 6€rlpPeak'f��_= - - -- _=_ - - - - - `::'1•t� :-"'�r -•...:�+*.•_.�_.n••r. _ _ i_ � '+S' ___�j3•.�t..,.''��,.�-el.`.� -G:.. �_ I^..:��` ,`..�:S,u��,r t -{• G '�-$:_`--s=-'^Y_.�.-.. v .s- li:., =�h-::�"i-^i.�r _`�f r;`v:.;�czii=•y'.C,� Zoning Board of Appeals F' 913A) f NW,aeaciw Mae: — - -- -- - -- - — -— --- ---- ----- _. -=� p l�Bd,e sear<!,�+daes path - --' m -- e -fCMYf1�tt1+IU)Id+ZCN�,FSOd �,_ �, MeeBng Sd,edWes _ _ ofAppwdsaM MbWWAgedasAeO NOUMS/Hearo,g ReaUandate ., MOnM M1735— _ F ....- .._.__...-.-.....•-......_.__..... LasrnlOdtfled '• _-_. ..- - (-. �t Spetlal BienrPer+nRs .'. f :,, .�.,.• MAP Rd. No nfe<edWzassW%ed eloupdprtsurt Code 210,11CM + t:' ®ludsdtd+muattA6 --- Y __ f!i-®ZBA Book WAza{,ped t97)Ekttang+.ot+ /n, - 189 & SSd,edwes - -- _T - s AVQWWft COn rucsauases y•-- :FRagesaft - '14Elwies{ i =i :( -'Above: Listed are types of records under ZBA Folder. ZBA Decision's can be found under Board Actions. 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': 79841999 i�` Path ED TQvxV5otdtloldt2ordog Board 2000 - - o(Appeals(Zw1]oa1O&t,,. .._ FM 2001 - ' Creationdatet�-' @3�._,-�-'------------------ ----- - --------.-�----------------------'------------------ 7/1012001172135PM` {-=t: 2003 ---`--- --- --------___------------------------ - tastmodified GY�_�2006 ------------------- ------------------- --'-- No metadata assW*d _ 1 --- •- -"----'•------'._-'-- ----------"_---- --_-----------.-._-F;1 M 2908 `--------- ,. 2011 t 2012 --------- ----'-- - ff- F', tt • 90 2013 i 20t5 [- 2016 1 Laserfiche Instructions ZBA Files Page 4 ms M- t -Above: In-addition-searching-by file no:You can-also use the above search-tool-by-typing-the - - name or title of the applicant. ,'t�oine,•';BrgW' ,.5earch:' -i{Cu9tomhe S.h_-�•,�--'" -I Sortfeswts W.*fiehivance Y' - - - Ramrds Manag.M. ea 0 Srch - ' -----' B7016 Fleldname Board Actions-83 Pages) Chmm freta { Page count:63 Template name:Board Actions + Page 3...:CORn and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fiher- Page 4..19=7 07016,Cashel SCTM Na 1000-9.1-26 minhnus apprwat to ren a- PW 5_y 19,2017#"16,C."SCTM N.1000.9-1.26 GRANT,the variances as_. iSearch—ns i Page 9...COUN&KRISTEN CASIMSECrlON009BLOC- - ^-'-'1---'-'—•----{: i Page 20...Thomas Altllren(C.1114 PO 8..342 Fshprs KHndNY_ ft: Show more Information- 07018 nformation_07018 - ,-� Board Actions-56 page(s) Pagecount56 Template name:8oard Actlons Page 411-9:30AM:-COLINCASHELANOVarlaMesund&Art1deidSes11oti ANN_ - r Page 48-ance(s)KRISTEN CASHEL37016d'iequest proposed trellis located in other&m.. - '• ;'=1 is Show more InformaUort_. Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. Lasetif the*Wb k Home,.�Arowse- search " TCMOf5o111fiokrz..ZW1in96oaedofAppealgtteA7>MinuteSr*4as(L,,t�l�t?ttl�lHei3ri+tg3=:- --• - - . 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E U` F HEARIi40 The following application will be heard by the Southold Town Board , of Appeals VIA ZOOM WEBINAR - REFER TO ZBA 'EBSITE FOR AGENDA on httpm. sdutholdtownnycOV NAME : BENIC , PETRA VINCENT #7487SE SCTM # mN .9;1000 -70- -39 '0 SPECIAL EXCEPTION REQUEST : ACCESSORY APARTMENT IN AN ACCESSORY BUILDING DATE : THURS . MAY 6 , 2021 10:20AM You may review the file(s) on the town 's website under Town Pecords/Weblink : ZBA/ Board Actions/ Pending . .BA Office telephone (631 ) 765-1 809 ZONING BOARD OF APPEALS �y' TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF BENIC MAILING Applicant's Land Identified as 1000-70-5-39 ---------------------------------------------------------------x COUNTY OF SUFFOLK) ' STATE OF NEW YORK) I,Julia Schade, residing at Southold, New York, being duly sworn, depose and say that: On the 16th Day of April, 2021, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the persons listed on the attached list at the addresses set below their respective names;that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold;that said notices were mailed at the United States Post Office at Southold, New York, that said'Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said i date. U_ JULIA SCHADE f S� Sworn to before me this f da ofi (No Public) BETSY A.PERKINS Notary Public;State of New York No. 01 PE6130636 Qualified in Suffolk County Commission Expires July i BENIC ADJACENT PROPERTIES 1375 PINE NECK ROAD, SOUTHOLD(SCTM: 1000-70-5-39) 1000-70-5-22 TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD,NY 11971 1000-70-5-38 LAURENCE M. SIDERIS 3 FRANKLIN CT W GARDEN CITY,NY 11530 1000-70-5-40 ELIZABETH& SALVATORE PENNISI 7970 STEEPLE CHASE CT PORT ST LUCIE,FL 34986 1000-70-8-22 MICHAEL&KELLY MASKIELL C 1250 PINE NECK RD SOUTHOLD,NY 11971 1000-70-9-1 WILLIAM E.PARK JR&THERESA M.PARK 1500 PINE NECK RD SOUTHOLD,NY 1971 a f \ } USPS Tracking® FAQs ' Track Another Package + Tracking Number:9214790279066900001907 Remove x Label Created, not yet in system A status update is not yet available on your package.It will be available when the shipper provides an update or the package is delivered to USPS Check back soon. Sign up for Informed Delivery®(https://informeddelivery.usps.com/box/pages/intro/start.action)to receive notifications for packages addressed to you. Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. m m CL FAQs m x USPS Tracking® FAQs Track Another Package Tracking Number:9214790279066900001990 Remove x Label Created, not yet in system A status update is not yet available on your package It will be available when the shipper provides an update or the package is delivered to USPS. Check back soon. Sign up for Informed Delivery®(https:Hinformeddelivery.usps.com/box/pages/intro/start.action)to receive notifications for packages addressed to you Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions m m m a FAQs Cr n / I RECEIPT — — - -� 9214 7902 7906 6900 0018 77 RECEIPT RECEIPT � J FII 9 II FROM: 9214 7902 7906 6900 0018 91 214 7902 7906 6900 0018 84 MOORE LAW OFFICES FROM FROM- RE vreo�=ercr^�'� ^ MOORE LAW OFFICES MOORE LAW OFFICES I r RE BEL-Ie4P9Rii& aEN I C RE r APGRQ, }3EIli!C 8E AI I C. I E i i SEND TO. I TOWN OF SOUTHOLD SEND TO SEND TO- PO BOX 1179 LAURENCE M SIDERIS ELIZABETH&SALVATORE PENI SOUTHOLD NY 11971 3 FRANKLIN CT W 7970 STEEPLE CHASE CT GARDEN CITY NY 11530 PORT ST LUCIE FL 34986 I I FEES FEES Ii Postage 050 + FEES- Certified Fee 355 Postage 050 Return Re ei t_ 2 85 Certified Fee 355 Postage 0 50 P Certified Fee 355 it Restricted �O�j Return Receipt—_ 285 i a p Retum Receipt 285 i ! Restricled5 O U j cT,OTAL �$6 0 f \� �— ti� Restricted $- '90 TO' � � 690 TOTALo&4'�OSTMARK OR DA E I �� _ OSTMARK OR DATE I POSTMARK OR`p�, TE m7_ SERN �J� /�. ,"ll I I � ' I RECEIPT RECEIPT 4 j 9214 7902 7906 6900 0019 90 9214 7902 7906 6900 0019 07 FROM: FROM I MOORE LAW OFFICES , MOORE LAW OFFICES RE benic RE ^1�NlL s 1 SEND TO. I SEND TO. IELL I MICHAEL&KELLY MASK; � WILLIAM E PARK JR&THERES • 1250 PINE NECK RD 1500 PINE NECK RD i 971 SOUTHOLD NY 11 � SOUTHOLD NY 1971 FEES. i FEES. I Postage 0 50Postage 050 i Certified Feer.. 355 Certified Fee 355 Return Receipt U T f/ 285 Return Receipt 2 85 I R striiccK-ed i� �(� ! Restricted 5 O T I / v 7;OAL y`�56 90 JT,Q�J�AL $6 9� POSTMARK,OR DAT E y POSTMARK O DATE rn i `�SERV't` i II I A I i E, I I I m Me MOO= MOORE LAW OFFICES A Signatur ❑Agent 51020 MAIN ROAD - ❑Addressee SOUTHOLD NY 11971 X ° B. Re&rdTJved by(Aeed Name)" ate of Delivery C. D n 9 1. Article Addressed to: Is delivery add resi different from item 1'2 ❑Yes TOWN O F SOUTHOLD x'If,YES,'enter delivery address below ElNo i PO BOX 1179' SOUTHOLD NY ,11971 '' F -a � , IIIIIIIIIIIIII��.�hIIIVIIIVIII IIIIIIIIIII 9290 9902'1,79'06 6900 0018 71 2 `1G JtT , ra om s l Service Type;• ®Certified Mad®, ❑Certified Mad® •7 qf`1 LIC f 1 Mad®?? `. 3, Restricted Delivery -PS Form 381°1 Facsirriile; July 2015 Domestic Return Receipt MOORE LAW OFFICE ;,� SEs PosT 51020 MAIN ROAD SOUTHOLD NY 11971 A9� ti �"'�""'PITRIEY CiDVdE3 L 02 1 P $ 007.160 0002759711 APR 16 2021 f MAILED FROM ZIP CODE 1 1971 9214 7902 7906 6900 0018 91 ELIZABETH & SALVATORE PENNISI s [ 7970 STEEPLE CHASE CT PORT ST LUCIE FL 34986 j � I l ILIXIE - 331. DE 1 ' 6o f 21.;21 � - its "s UNCLAIMED UNABLE TO FORWARD � RETURN RECEIPTREQ:UESTE® uINc SC' 11971461628 tgy9*6702-84362-16-42 �g 9 'i 7� � � ildt�i�i3l�t�lltSiltit6l��It1t1I11titii�itttitllti�i�itli��t�i! � ;k r , V c� ro USPS Tracking® FAQs > Track Another Package ��o Tracking Number:9214790279066900001884 Remove x Not Trackable Delivery status information is not available for your item via this web site. Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs C CD CD a v N X � I J USPS Tracking® FAQs ' Track Another Package + Tracking Number:9214790279066900001891 / Remove x This is a reminder to arrange for redelivery of your item or your item will be returned to sender. Reminder to Schedule Redelivery of your item Get Updates v Text&Email Updates u Tracking History u Product Information u C6, m CL See Less m 0 X Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF BENIC POSTING #7487SE Regarding Posting of Sign Upon Applicant's Land Identified as 1000-70-5-39 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, of Southold, New York, being duly sworn, depose and say that: On the 26th day of April, 2021, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, May 6, 2021 at 10:20 a.m. atricia C. Moore Sworn to before me this day ofv� 2021 BETSY A. PERKINS Notary Public,State of New York No. 01PE6130636 qotary Publ! Qualified in Suffolk Coun Commission Expires July 18, *near the entrance or driveway entrance of the property, as the area most visible to passersby BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �QF so 53095 53095 Main Road•P.O.Box 1179 � ®!� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,YIroutm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)(631)765-1809•Fax(631) 765-9064 MAR ® R 2021 Southold Town March 1, 2021 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. ## 7487SE BENIC,Vincent Dear Mark: We have received an application for an accessory apartment in an accessory building. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 26$-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman ChainBy: Encis Survey/Site Plan : Vend Benic Dated : March 1, 2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $OUj�,o 53095 Main Road-P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU NIY� ► Southold,NY 11971 http://southoldtownny-.gov oe- ra, ZONING BOARD OF APPEALS ? ►��e t TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631)765-9064 MAR - 1 2021 -rtr F3 TO : SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application : #7487SE Date sent to Building : �Q i BENIC, Petra and Vincent(70-6.39) 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: Floor Plans : Venci, Benic Dated : 3/1/2021 Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280A3B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280=136(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 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®F $®U�/�®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-09.59 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�,yc®� Southold,NY 11971 9 http://southoldtowliny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 1, 2021 Tel.(631)765-1809•Fax(631)765-9064 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 : # 7487SE Owner/Applicant : BENIC, Petra and Vincent Action Requested : Special Exception for an accessory apartment in an accessory building. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBYMal, rson By Encls. Survey/Site Plan : Venci Benic Dated : 21 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $�UryO 53095 Main Road • P.O.Box 1179 !O Southold,NY 11971-0959 Patricia DantesAcampra Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. �. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l,YNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD May 25, 2021 Tel.(631)765-1809•Fax(631)765-9064 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA Application#7487SE,Benic Accessory Apartment, 1375 Pine Neck Road, Southold SCTM No. 1000-70-5-39 Dear Mrs.Moore; Enclosed please find a copy of the Zoning Board of Appeals determination rendered at their May 21, 2021 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, Kim E. Fuentes Zoning Board Assistant Encl. cc: Building Department Revisions 06-11-96 11-14-96 N J 5d, 10-29-98 SEE SEC NO 063 03-299 w MATCH —__LINE— ? 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