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HomeMy WebLinkAbout7504 qO30 �1uo� 4xr-�-Oft - beds I •� S t 0)if, fq 5 jqj-, jqOaA.,k ,Oj 2.4 (60 PIS *P7 I l, 6ec, 200 16, C1014 J -+---- ® � i a � i I Owner: 2C�Gc� File M 7504SE Address: 40300 Route 25 'qzi(-eyt,5mn Code: 17PA Agent Info Stacey Isaacs 40300 Route 25 \ Peconic, NY 11958 Phone: 516-316-2605 _ Fax: Email: stacey.isaacs18@gmail.com )312c f-D BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®�: ®�T�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora ' Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�C®UNTiSouthold,NY 11971 http://southoldtownny.gov PC3 I ZONING BOARD OF APPEALS vW TOWN OF SOUTHOLD 3 Tel.(631)765-1809•Fax (631)765-9064 MAY 2 5/20211 l.,Go I��dJGY.C'Q 1 S®u ®@d ` own Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 20, 2021 ZBA APPLICATION#: 7504SE APPLICANTS/OWNERS: Stacey Isaacs and Steven Isaacs (Harvest Inn) PROPERTY LOCATION: 40300 Main Road,Peconic,NY SCTM#1000-86-4-1.4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated April 12,2021 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:The relief,permit,or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a rectangular .932-acre 40,599 square foot parcel. The northerly property line measures 196.15 feet and is adjacent to State Route 25 also known as Main Road, the easterly property line measures 252.05 feet, the southerly property line measures 185.00 feet, the westerly property line measures 186.86 feet. The west side of the lot is a 16 feet wide common driveway shared equally by the two neighboring parcels (8 feet each) along with a row of evergreen screening east of the driveway on the subject property. Along the southerly lot line below a depicted split rail fence is a 8 foot wide footpath. The spilt rail fence continues north along the eastern lot line. The subject parcel is improved with a two-story wood frame residence with attached two-car garage and front porch on three sides facing the Main Road along with a rear deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by Thomas Matarazzo, LS and dated January 31, 2021. BASIS OF APPLICATION:The applicants request a Special Exception pursuant to Article III,Section280- 13B, subsection 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single-family dwelling, accessory and incidental to the principal residential occupancy under the Building Department's Page 2, May 20, 2021 #7504SE, Harvest Inn, Isaacs SCTM No. 1000-86-4-1.4 Certificate of Occupancy Z-28275 dated March 13, 2002. The existing residence is a six (6) bedroom dwelling, five (5) bedrooms for lodging and serving of breakfast to 10 (2 per bedroom allowed), B & B casual,transient roomers under Permit No. 27082-Z dated March 13,2002. ADDITIONAL INFORMATION: The Board of Appeals previously determined that a Special Exception Permit for a Bed and Breakfast, as an accessory use to an owner-occupied single-family residence is not transferable to a new owner,since a new owner must verify their own eligibility based on owner occupancy. Consequently, approvals for the subject Bed and Breakfast use were granted on May 16, 2002, Appl. No. 5128; February 7,2019,Appl.No. 7257SE; and February 7,2019,Appl.No. 7258SE. The applicants have agreed to leave the existing open stud walls in the basement and to use the basement for storage only. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 5, 2021 at which time written and oral evidence were presented.Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Stacey and Steven Isaacs, the applicant(s) herein, are the owners of the property located at 40300 Main Road, Peconic NY 11958. It is improved with a two-story wood-frame residence with an attached to-car garage and front porch on three sides facing the Main Road along with a rear wood deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by Thomas Matarazzo,LS and dated January 31,2021. The owners/applicants will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated.The applicants have submitted the following proof that the subject premises is their principal dwelling: United States Postal Service change of address, New York State Voter Registration forms, Utility Bill from National Grid, New York State Department of Motor Vehicle replacement of their driver's license. 2. The owner/applicant submitted the following documents to confirm the principal occupancy of the dwelling. A notarized signed Bargain and Sale Deed from Cristina Illa, Xavier Sala-Martin and Ursula Sala-Ilia to Steve Isaacs and Stacey Isaacs. 3. The applicants site plans comply with the on-site parking requirements and provide for 7 parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s) 4. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 5. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent residential uses.A Bed and Breakfast has been operating in the subject since 2002 without any adverse impacts. 6. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 7. This accessory Bed and Breakfast will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 8. No evidence has been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will not be adversely affected. Page 3, May 20, 2021 #7504SE, Harvest Inn, Isaacs SUM No. 1000-86-4-1.4 9. This zoning use is authorized by 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 use may be occupied. 10. No adverse conditions were found after considering items listed under Section 280-142 and 280- 143 of the Southold Town Zoning Code. 11. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conform to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD:In considering all of the above factors,motion was offered by Member Acampora, seconded by Member Weisman(Chairperson) and duly carried to GRANT the Special Exception permit for an Accessory Bed and Breakfast(for five (5) guest bedrooms rooms), to be used only in conjunction with the applicants-owners residence, as shown on the survey prepared by Thomas Matarazzo,LS dated January 31,2021 and the copies of a two-page floor plan labeled A2 and A3 by Donald G. Feiler, Architect, (dated 12/14/2000) received April 7, 2021 with handwritten notes indicating areas for owners' and guests' uses. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually.It is the applicant's responsibility to contact the Building Department each year to schedule the required inspection.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. The open stud walls in the basement shall not be enclosed and the basement shall be used for storage only and remain non-habitable space. 4. The applicants shall remediate with the Southold Town Assessor's Office the correct Bedroom count of 6, not 7 which is presently on the Assessor's records. 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 will 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 as granted herein. Page 4, May 20, 2021 #7504SE, Harvest Inn, Isaacs SUM No. 1000-86-4-1.4 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora, Dantes,Lehnert, and Planamento(5-0). L "K - man, Chairperson Approved for filing//2021 II APR 07 2021 _IJuLugC:C,."J 0"JC� Uv Z Z5) �$.R• ROAD 159 FE. 2.2' W. MAfN 1961 � V Z o 6. ,90 E A�oN� ONE W N q.6 35 CURB 4.4' W. GRA VSEL DRIVEWAY I STONE CURB I o Q OD 00I .. ...... OPEN PORCH ROq,� PA ITERS PAVERS 40.J' rid 2112 STORY v~i FRAME N No.40300 14.0' ® A/C UNIT Z I $ . 35.0' 2 STORY I I N 62.6' io GARAGE Q AT IST I 63 rCI ' I N ® A/c carr ...... ..:..:::...:. :...:is '• WOOD FENCE I t1GA TE 24.3' ::'•RAISED WOOD DECK;'•:•4 .: . CELLAR ........ .... ... .FE 0.7 E. FENCE 11 ENTRANCE L—-1z' PAVERS OPEN DECK OI A T 2ND I o I I LOT 3 N i i LOT 2 N LOT 1 I � I EVERGREENS I I ���-�-�-SIE-•��•��•��•�•�•jIF•�•��-����������������•������- FE. 0.5'E. 4'HIGH W/RE FENCE FE. 1.5_W 8' WIDE FOOTPATH ----------------------------- ---------- ------ I io S ss"00'00" w SAL MAP 44 RE4�IE 'E D BY ZB LOT SEE DECISION �JAO DATED ISSUING OF A NEW TITLE POLICY OR REDA77NG OF AN EXISTING THE OFFSETS OR DIMENSIONS SHOWN FROM THE STRUCTURES TO THE PROPERTY LINES POLICY REFERENCING THIS SURVEY WITHOUT BENEFIT OF AN UPDATE ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO WIDE OF THIS SURVEY BY THOMAS MATARAZZO, LAND SURVEYOR SHALL THE ERECTION OF FENCES, RETAINING WALLS POOLS, PATIOS PLANTING AREAS, ADDITION TERMINATE ANY LIABILITY EXPRESSED OR IMPLIED HEREON. TO STRUCTURES AND ANY OTHER CONSTRUCTION. UNAUTHORIZED ALTERATION OR A00177ON TO THIS SURVEY IS A VIOLATION OF SECTION THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS 7209 OF THE NEW YORK STATE EDUCATION LAW. OF RECORD, IF ANY, NOT SHOWN ARE NOT CERTIFIED COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY" CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE THOMAS MATARAZZO SURVEY IS PREPARED,AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LAND SURVEYOR 631-472-0968 LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO A00177ONAL ®� I_ INSTITUTIONS OR SUBSEQUENT OWNERS 32 SEQUOIA WAY, HOLBROOK, NY 11741 �Q'� � g MATq� SCALE. 1"= 30' © 2021 email: TomTheSurveyor@gmail.com O CERTIFIED TO: �O SURVEY OF: LOT 2 7� FILED MAP: PECONIC BAY COVE Steven Issacs Stacey Issacs FILED: MARCH 4, 1983 MAP No. 7159 First American Title Insurance Company 'li LOCATED AT. 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L MAP T jV E W E D BY Z BA E C I S I®i 31 # /6DL DATED S L�v / in pacb& Town Hall Annex4`° , `Qb�' Telephone(631)765-1802 C 54375 Main Road Fax(631)765-9502 P. O.Box 1179 °gam° ao� jamese@southoldtownny.gov Southold,NY 11971-0959 TOWN OF SOUTHOLD BUILDING DEPARTMENT FIRE MARSHAL APR 0 7 2029 April 7, 2021 To: Office of the Zoning Board of Appeals R n1610 CvaFj Co From: James Easton-Fire Marshal RE: Review of Special Exception Application#7504SE After reviewing the application it appears there will be no change in the existing floor plan, egress or fire safety features. I have no concerns with this application taking its normal course. COUNTY OF SUFFOLK RECEIVED &w,-w APR 13 2021 /l �rZoning Board Of Appeals x,31 OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning April 12,2021 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 w disapproval. _Applicant Municipal File Number William &Joellen Ahmuty #7495 Philip Loria* #.7498 Petros.Tsekouras #7499 Andreas Pfanner #7501 Andreas Pfanner #7502 David Rohde #7503 Stacey& Steven Isaacs (Harvest Inn B&B) #7504SE *Sanitary system should be located landward of the flood zone line Very truly yours, Sarah Lansdale Director of Planning rl��eo, �ie R ��� 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 11788-0099 0 (631)853-5191 O I 'ZONINGBOARD OPAPPEALS OR fl 7 2021 s TOWN OF S.QUTI qL'D,Am.YORK, Phone={631=)x765-109 (65IY765=9064 ACCESSORY BED, !id,RREAKFAST�IN-,E.XISTIN'G DWELLIN, - - AI*PLICAT:ION-EOS R FECIALFEXCEI'TIOI�� Application_No. ,Date Fi3gd� TO TI iE:ZNING BOARD'Off£APPEALS,,:SOU:IOLD;NEW YORK:' igplicant{s}; 5�,4L5 � °�5 � 5 of Ptrcei Lbocatib)n;, uouse_No.4, 0 . DO 'fit eev M/�1 am et, Contact,phone,nuiiberss�7C ,<.C✓1 b)31 b e 216 0 ` 5V���1 ! — 3 l 4- �SCTM 4000 Seetian�s�'00 131ockd`��OCA t{s),d�l'C10� -Zane Disixiaty"�r�o a. rhereby:,appiyto TI Z NING B.OAIiD OF API?EALS"f r:a SPECIAL E3 CERTION•iii adic ante*ith. the2<3T+G`"4RDINA�TCE;ARTICLE„wILT:,:SECTi©Io. ;,SiSECTI4N; I3(T3)14 ;#OY,the ft?llawin&,uses anct;puroses w. s Own*atac hed£survejlsite plan drawn4d,scae.> ,Statembnt�46vMephip and Interest: , c (ars)-ti? orvrier(s).oi`proaerty known surd ;referred - toas 903,PO MA-1N nAP) f6CaN ►c {House`>lYo:,£Street,Hamlet}a I' filen ified cin a Suffolk y-Tax Maps.as Distrief100#? Section d�(pe®o Bloch � °D Lvtr. (� ..6" Falid shewn ontlie.attaahed deed _. - Y CLQSINC� b Ti✓ I OUT T�hc;.abbve?de`#,Gribed.property,�w�sa cd}uiredby,the,'owneTvon.,. J� 6.0K 0 4P) Mrrg'CIi 111Z- B The pglicazit alleges tliaC the appraval;of this:exception would be in='harniony=with the jntent and, urposeof said zbniug;ojrainance and thaC'the proposed use conforms�tothe'standarctsprescribed thercoriii"sand ardinance and roultl not lie datrSmental;to property or,persons in the neighbc►rhaod rfalr th ,fcllwing'reasonss` -Im.:e AtvES j I N 1 S Alm CA 15') 13 9j P-C MOF �5 15 7�1.f CE ZO Y�/� I LUS a P W �� �'r� f Izuc �� 0�2 '� € 'P� NI-EN)� � (.ut3 11 Ips 'PEA A-LL Conn lv� U,�c rty 6 u i D Ez �nres' , C. Tneaddition-to>trieeting the�istantlards prescrIibed byihe zoning proinance;the,. >following requirements ;wtl;Ue,;met x . 1.. 1'lie accessciry B rB will be'located only in-the=principal dwelling: i - - Z. Tlie owner oftlie prerriises shaihoccupy the existiugs`ingle=famiy�dwe�lirtg»unit asihs_-------------= cwisers'pricipai iesidende: , 3. �Asmok'e slain shallbe pxrovideii onaeach.flooi and~n;exery,geiest1room. :4:fire,s fety notice Will beMxedi o,ff6.ocdupied'siiie_of the entraAce;;dgor of;each�bedreom; r- - ' X112i6frvAC J� February 28, 2021 APR 0 7 '02� y. To: Zoning Board Of Appeals, Town Of Southold, New Yor - .,_moi.>k'°w.�,_ i•. ._ ��,��r-,,�- ���1'�.i:�u�� 'n^�7,� We are submitting the attached Application For Accessory Bed and Breakfast in Existing Dwelling, Special Exception. We have purchased and are currently residing in The Harvest Inn located at 40300 Main Road, Peconic. We seek to operate this existing bed and breakfast without changing the structure of the building or the property. We are aware of all of the necessary paperwork that must accompany this application, and are currently gathering it all. We have officially changed our address (as this is now our residence) and are still awaiting proof for some things Like voting registration and STAR exemption. We submit this application to you now for approval to own and operate a bed and breakfast, and we hope for your approval upon the condition that every necessary form of proof of residence will be submitted as soon as we can obtain them. We are excited to be here and we look forward to becoming an integral part of your wonderful community. We are happy to answer any and all questions you might have. Thank you so much for your time. We look forward to meeting you. Sincerely, Stacey and Steve Isaacs 10j) PROU&DES IVISA 4 07 2021 V Tbddi�gl)-- '�Ce.describe.We—as.-P-b ,remowod: f )L aw Wo "(s,wo,,O",W,ei6g 0 of erasions'00 V. C160%;�oro height xg errges !tit- Alterations: " A;- I'a anil kit ge of, Ni- p nr- sop UA gq.-, JiOita&e,6fbHldjn'­'^c overage ``coverageAof jj pyvit r late t6,jjjo u co 7-- ea 0 r -eo 0. boid g area 171, 1 (Y2--,' QUOTUONNII FQR,,Kh- WiTH YOtW,,4PA,APP11T.1 4C*T 0 ;q APR G 7 021 i q,f# real iitite.inark et-'for Wet :11. AVOjdh�ere,40fr�'p �p change or-alter libi contours? a�hed sheet_ mm ,ps,, please explain gn !,,)-.rethere,areas-ifiat,contedn- and'orwaflan4grasses? _WJ9 we ,12)Axe,those:areas shown(in,the survey,submi6a with'thii Icatiob 4• 1P.,the prope WkhOhd6d betwpe�j,tbj�Wetland s area,*alhe, area?-',, . C) t6fii wetlands-orpond-areas,have,,",you cOffice ffice of tie To n n,status "7 stees Please confm your nq -Y�1: _PPaedtli�issued, a6 fitheieadepression&40pipg elevation ndaifthe area ofpyq 6§64,construdtiori�afor' helQw;fiye,feet above mean sea level? _4jO__- E__ Arenttf6ie-anypati6si,e6ncrete,barriers bilkhic"or kencesthat exist'thatamnot shown on the,survgyAh#t,,y�u�are sub;itti*g7j,J 0 _�104ib,§h6*pf qfthe, structures on,;i,4iagra ,n o the aJbi)ve,-Hne�. ifany exist or state none 1`0 Have arTy 'Ji-sthl '" taking place at this time concerningihg your premises �� 1f y -h j `f and e, u j certificates occupancy th s �ei� Pease1idic 11 of, 16 y for, piv ��pg �y 0"1000- *em X 'am, are 1ackin&,pjq#i,6,40j31y46 e P, loinj,Depirtm or-to 6� ended,Notice afJ3isapproval. `jj who n 6 1 — boy p -owppr also th6r,la d'�qj el? 0 ,_pu or jf,y please label the proximity of 1 ?jeease-4#pios�fit use Or conducted parceff, BCD+ Dq,6W,vj;4-S1_ and the proposed use, ax TO EaKEASIf exist ingsinglpfipily d.S �mrppse ain w th 2_j2-o)2 Aloorizod 4 Ooe� 4r, a 41 �MN lo t A 21 H 7 A -Acta URAUDATASTATE -0 F-sou'T"'HOL 2Z, LNIff 4, 011 KA, 'PKAP RZIPPIRIM-0. itowo Ac mv "'0 o su a f p pp _w Rq, ,"OV tis, 44 517 Mr- 'Z /, , tw4 ra, t2 1 2" a',," ,`k�.A--A A.� N, -4-0p Slifo 'JObs Alopix 4 op. v '7�7 b bid'a6d t i*number: gr v wo 4 xs �RAWIMA", M,-&oke's"- 0 4 J1 ply go t A 17 UdN� mo "Outholo"1441; Op Of"S I W, -7717 T,0 QX Pw M) 9 711 R —57.' Z 46 e4 .44y,bel(sbii 'ifte4 en,feq 0 651t uested a. tu', �,.4 rt+ f Date- 6htia �c -bbbtd*Iil bolkit -pints- lana, I, 7r,Y to,�Ohsid&th�0. bct of the,pr e�,qo�o 6i M,abo,% 9,q #( *Cfei. 5 sed u0n., .4n dW- r,a soft�iQi 6-omac-b it f thlq,s ,wo w of p4*' A" m,'is"Tv 'A W lbov &,Aq-fa ag p �Al*'109PAY S40i Hint,mcom, c appfiddion el 1-14-09 41710 „ Wondi B Short€EnNirorimentulr,As#e##! tiff. qrm APIA 0 7 _'021 Part�l"Pro eet Infoe�nation: Thea licant or= ro'ect s onsor'is°res'onsible'for the com letiod of parft: Res nses-5 J P. �s, P P, 1?0 l�eeomepart''of the appi cation for-"appro al oc funding;are scibject to pitbl dlevievi�,aad.may be`s"ubj' o r ►eiiScatiot?. ,, 'tote Part-i bi Z 5. HS -proposVFSTXW i a.,A,pertWtt uso,aunderthezoningregulations?, b. ns stent vvsth t#r+ ad pted cornprehensiue Pian? APR �7 20 1 fF. t.pis theprpposed a tion%psistent-v ith the predoiminaiit character ofthe' itisting built 111. is.the sitefthe Fraposeil aclaon located in,or:does it adjoin,ashite listed Critical Ftronmenfal Area?' # w..«wm<.efi'ea;idetdit . , ill the�proposed'action result in a subs aiitiit iricreasea traffic above present ledels? >; :A ;'i iblir. nsportatinn serAce{s},availabld.,ate"or newt ie site,ofthee proposed,action? ' � o,Amy ped t-�;�qmmodations or%bicycle routes avaifia_jo,,-on"or near Site ofthe proposed action 3.Doe,,We-r pyo ed ac£iibn�meet'©TXT—�t 1#qe' gte eneigy code requirements? lf'the.propos °acttonyall exceed requiremeats,,,describe design features andtechnologies; It,�llatl .pYripcised�tut.tect to an eistirt °pobl�cfiiate water supgt2 ;1�T^ YES If No,descr c method-farprovidigg potable water a !,I.Wiil.the priiO ed'a`cticiit.cnnnect to-existing wastevirater.�itdities? Af,,Nay describe*Ood;for,pr-ow d r g-wastewater Veaft-enU,. contain ,structure#hat is listed=on either ttie State or Nations!ltegistsr of l Tistaric i CIES' 1.Is the pr?Pa ac#ion abated in an archealogca{sensitive area?. a„ �, ' l S m Does,any,portion of the site of the prappo 4aciion,or-lands taadjoining the proposed action;contain NO "T S" ` 'v�tetlands or other watetbodies re&jated_Fy a-federal,state or` cal agency? Vlrnuld the prgpas tl:Mott-physic ly altear r�r'ertcroa into,any ex�stin w�tlaricl ar�ater�dy7 __. -Y W—esidentify the we#laaad or waterbody and extent of alterations in square°feetMor acres: 4: T,dentify the typical'hsbifat typed that occur vn,,otrare likely to be found;ori the prujoct situ Check all#hat aPP ri j7 Shoreline QFare'st t7;Agaiciiltural/grassland`s l�iarty.mid-successional v D`&"0 ii D"Urban, 0,t uburban, 3.`l[ ias,t#ie;'site.oi~the prQpiosed aetioii,contain astybspecies cif aetimal,or associated habitats;listed by the.Stale or Federal government as threatened'or endangered?' M :%Asthe project site-lw ted in the iilil`year€loud;,sill? 'No il°ttie. iuposed action create storm water dsscliairge,either from paint ar rton int sources? NO" "VES P x r a Wllt,s t Yt�!artrx discharges loiv to adjaeesteproperties?' Q NO Q YES V n 11Wtll storm water'Alsdiarges be.directe�i tb established coays ante s stents runoff and storm;drains}?, lfY s;1 e ty ileac h ,M.. X_.".. �'Cl NO O PYE§' . _._ . Pige 2 of-'& lg Does the proposed action ttsciude conitxuctionnr,other.actiirities that result<ia the iinpoiinilineat# 'vs�atero qui s, g.g°reteation=pond,vias"te '.Tf� explaiti purpose and°size A R o�l Has<t>x "sitdsofthe`proposet aetiorl or€fin adjoining property been;the location of an;a�ttve or closed,- - y s lid* te_nianagement"facilitx?'° �� _ s gJf-Yes,xdescriEie: 1 � D.Has{he site nftlie proposed actionror an:adjoiiiing;;Widperty been-the-,i6 ject ofreinediatioii(ongoing or NU YES' cbniplefkd),for hazatilous:`�uaste` 121 4 AFFIRM THAT THE,IieiFkDltli�iA'lCION PIt(3WIDE®AB�YIE< S TItUE'AND ACCiTRa TE 7[U TkIIE BBST UF`I�Y" K11TtQWlvEDGE? .•. F._< ,w ,_�. ., ..• A_.. .. _ w �_.,t �� s Applicanespon �, �a :_ �F}'yQ-� -1` • F EwT y r € , t;2< Irnp ct,Assessin'ent.,T,he�'I.ead A„ene ;is responsiible dor the completion of Part ,Answerwallxofthefallowing; ''' es`tions=in" 2 usin the information contained,in Part l andAother mgterialss,submitted b the ro'ect s onsar or � oche_ ise-avd' le to. . quit the eviervei vhen anslvering�the questions the reviewer`should be°guided by lire pncept"Have'm r'es s ee�been,reasnuable eonsidering'tlie scale and context of fire proposed actionr,, - ` am. f r - .< f, Y( fi 1Vo,or Modcrat� smail' 64arge.a impact, ,*wCt maya< IiCC�iCoccir* t. Will''ttie proposedaaciion create a inateriaiLLOnflict-with an-adopted land.use plan of zoning k .»�:,�;_�e.. �,r.�:_.,�rxaS�3�.s. :.... :__. .s fe$UlatiOAS?` 2 Wii1°llie proposed action result in a change in`the.use vr`ititensty of use of land? m v 3? W ill.ttie;proposed aeon impair the character or utility ofthe existing commuaity?= < a w. 9�., .a. Wi11' `Ar:the proposedfiac[ion4have an impact<on,t}ie environmetitai,ctiaracteiistics t}iatcauseci they -- f T Y ..-m k _ . • esta6lishrnenl2 of a�Critical Lnviroriirientalea y(CEA)?• f S: Wiii the propased=,action`result-in an•'adveise-change,in the existing=levet of traffic or affect exisrig;�iifrastnc�ture-fOr mass transit;,bikingor=walkway? ; • _ <, _�.: ..._ .� ,_ ,;< <, _�•.. .. = �`.as-td-incorporate ili:#Y6 prois_osed',Ot(ois cause an3incfeksd'ta the useAa energy aiiil'it fair rewonanl',available ener conservafion_or renewable-ene o ortunities?4 Wiluthe piiroposed`acon,impa''' existing,.E _. _.. • '` a.�public/,private:watea.supplies?'` . _ r=` i.TAlielprivate•wastewater treatment,utilrties? 1 Wili the proposed,`actionJinpW the�ehatacteror qualityof important historic,archaeological, Marchi ? • trecturai-,isr,aesthetic-resources r �l ill,& Proposed action reseilt`in;an�adversenchangnto natural resources;(e.g,,watlands, _ ,gr es, aiiality.Aiwra and'fauniA P4&-3-of 4 w ,&' Imp GL' Kn1p8Ct ..Qm�a`gyi, 422= tose, rp6ectorie-n:le'iiaaL0: Will thn O�.r Will tl e:proposed'-action createz'fiazar4to environmerita[resources or$uman health?$ ^ n3 � Parf-X�.DderwidatWi of stgnifiainie'. 'fhie l I"O'Ager ey is res ot�silile'f r eco `v–et-' m p ",mrv" o th mpletloia of Part 3:`For every' es#iQn i Faiatvas_`answered"tnadeie to Ir eim occur" oF'il;tliere is"a.' ; g. P y need to explain"r�uiiiyRa'partic ar" elgmetit+i theptciposedaction itay:orwtil,not,resuIt>inra'significant:adverse:environmental"impact;`pleaseirorriple Part;3: "'Paul,'3 shouldjn-sir icient die'Wh idggOfy the impact,including any,•Mrneasu es a–design elenaett kthat Have,beei inctuded_by �maxporwi!•,`notbe avoid fican�Each reduce tenh'alim cts wshouldbeassessed°considerin!W OMl�sethnydrob bili do-Ow ccurrinpaet' �duratio irre ersib lily' �eo #Qt � � Y n,, v i g gr ?hie sco" .atid~agiiituile. Also cgnp! er'ttie pritentia�I fo ,� . � ,,t _� . ,. .,.,,, r short-tertm,�kng xetnt and" xcutnulati+re:impacts: this box'if ou have d fined .b sell,on the,informstion-and sis,ab6W;and ari s rtin docutlterita io" , y et4!?..i �_ f. • , >„ " y uppu , g, ..lfiat:the "ro act on m result in one or. or `tentiail lar " ' p po gY tirn a"pn y ge'or.significant adverse impacts,and an vira mental hn act 8fateine t; ui r ep p,_ n tsn�teq ,red �. I"Checki is Oqg ifyou have determirieii,,l as onMtlie information and.analysis_above,&a-.any supporting documenfa bk-2 that;tlie praposed,action,will°noiresult in-airy-,significant="adverse enYiromhental`impaotc' E _ Name,of Lead-,'.k ency Date f x Printic Type Natne" f Res iele Officer fire i;ead ency cer ,. , n o % ,k O� _ a w, w, A ...__. Title of Responsible Offi' _' ." igiatu�eAf Itesponsilile C4ifice in Lcaul Agency Signature of Pireparer(ifdiffereltitµfroirn Itespcuisible`i�1ff'ioec) .L k:.,F ssfs7 ,w1. v...,,. ., .,,,..:�,% s$ i".,,,, ,T,"-, ,... _ h,.:. .:�___.t.'^w ,..way. , _,., -u Y rt ... .w�^K.... ,.,... ,"., .. .. , .., _,... :i --r,n-.. .. ^ .. .-.. - -• - -_ �.. .. _JODI APPLICANT1iWNEl2 TRA*Ai T� AL-Dl 0,' FOR11!I; � QPR ®7usto ZQZ� aas y .;^s..:x.��. r:' �• r,,. -p'>s - "' '; c art'Yi�t6 � 'otYi 1' � �.l.— I ytii. d "!ar loci wfiich�can alert thitowo .dii4d4 1 ar' {Last;.naa-trie,iirs�t," aie„'middle-initial,,unies�-you are�ppiying inttie_uatne ofesomeoge,eis2or ather,entily;such as a`. -'eompanys,If`so;.indicate the other person's,or-company's name:) TYPROVAPI LICA.�'Xtt�1�I Check aU tha#,a ev "U $ . = � Building.perinl _ T Change of Zs�ne., Coss falEros onr Approval4of-I't�t�„ .. - 1V7Cooring., _ . their aetivi 'U+ I-1 �]� 1'lnriiiin r g r3 �o you pe"rsonaliyz(or thro>;gheyoiar cQiupany,spoiise,:sililitig;prgrent;:or cbild)•liave a irelatioaiship wi#li auyrbffice i4r�mplpyee oi'the Town of Southolii?°RelationshipN,iucludesby=blood;;mairci�ge,or,rbus�itess Interest.:"Businiess Iti�rest"niieans a tiiistness,includia ,a artuerslti ln:whisli ttiertownNofficer vi'em iayee,h' a �ar`klal ' p V p s ven-a mer ! A`; a•� �' slip,>af dor em loyi»e t liy)nvcorpora#in i=ia�a iclr ilea fawn>o##ider.or einpiay�e a�vns,mor�tt an.s°!o f t ie w ,_. m .� _,w. !,. , shsx • �°'-��"' -----., tom”" - o ,'anal date•beloyv:If Ykj%II,complete toe balance'of this form and`da#e sioid sigm where indicated, M, a. , u. ,,� ";w� "�i�.o�peraon,employed`by the Towa.Qf SoutIiolii- •- " , . Ule uvposftlousoffihat person Describe the,relatio]hship bet*een yourself°(the applkantlagent(representative)alullhe town officer iii°employee, Either check theapprupriati,alit►e;A);'tlirovigh D)ia dWdescribe'iia'tlie sgai e- ' ided. The t wn off�cer`or empioyee�or kls or herxspvnsesibting;�parent,or�child isq(chcc all that`apply): ) Covvtiero f greater that 5"/of itis sharps of;the corporate s#ocicof�the applicant(ivfien the ag�plicarit is s' =corg�ratloaZ .. B)the}tega!nr betiefciat owner- ity_(when the appl cant rs not a corpor"atio �t }awoff oij dfivd4r,partaer,,or enfoloyee Qf tU'!ApOlicanu or,Htlte; ctual apilcaLt. �?ESC.1tIrTIUl�T�t}F�Lt1TA4?IYSHIP - ' "SuBanitteil tleis, �� day:of 1--` !};21 , �U r - BOARD MEMBERS ®f-so Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �® l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. ain bad(at Youngs Avenue) Nicholas Planamento ��c®U ��cv Gw ' Southold,NY 11971 http://southoldtownn .gov APR 0 9 '021 ZONING BOARD OF PEALS _ TOWN OF SOUT _� CRECEIVE® Tel.(631)765.1809•Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATIONFEB 1 1 0119 Si0MEETING OF FEBRUARY 7,2019 So hold "Town Clerk ZBA APPLICATION#: 7258SE APPLICANTS/OWNERS: Cristina IIIa &Ursula Sala-Ilia (Contract Vendee) PROPERTY LOCATION: 40300 Main Road,Peconic NY SCTM: 1000-86-4-1.4 SEQRA DETERMINATION:The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further 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 November 26; 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, rectangular, .932 acre, 40,599 square feet parcel measures 196.15 feet along the south side of State Route 25 also known as Main Road also known as King's Highway to the north of the lot with an eastern lot line shared with two residential neighbors measuring 252.05 feet to a southern lot line shared with a third residential neiglibor of 185 feet to a western lot line shared with a fourth residential neighbor of 186.86 feet, On the west side of the lot there is a 16 feet wide common driveway shared equally by the two neighboring parcels (8 feet each) along with a row,of evergreen screening east of the drive on the subject property. Along the southern lot line, below a depicted spilt rail fence, is a `footpath'. The split rail fence continues north along the eastern lot line. The parcel is improved with a two-story wood-frame residence with attached garage and front porch on three sides facing Main Road along with a rear wood deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by John T. Metzger, Peconic Surveyors, PC and dated January 9,2002. BASIS OF APPLICATION: The applicant's request a Special Exception permit pursuant to Article III, Section280-13B, subsection 14 of the Zoning Code, to authorize and operate a 5 bedroom Bed and Breakfast for lodging and serving of breakfast to ten (10) B & B casual, transient roomers, within their proposed single-family dwelling, accessory and incidental to their future principal residential occupancy under the Building Department's Certificate of Occupancy Z-28275 dated March 13,2002. ADDITIONAL INFORMATION: Application 7257SE (Darolyn and Christopher Augusta, owner) & I - Page 2, February 7,2019 = -- - -- #7258SE, Cristina 111a- C SCTM No. 1000-86-4-1.4 � = APR 0 7 2021 7258SE (Christine I11a and Ursual Sala-Illa, Contract Vendee)were (�Jp s emitted processed ogether and publicly heard and reviewed. Application 7257SE, is to legali�'e 's� aiit'= }�}�'�dc0©i-v- ed and Breakfast owned and operated by Darolyn & Christopher Augusta who are in contract fo sellae subject property as a Bed and Breakfast to Cristina Illa, Ursula Sala-Ills and Xavier Sala-I-Martin, Contract Vendees. The Augusta's have operated their Bed and Breakfast for more than a decade without benefit of a Special Exception authorization in their own names. Application 7258SE, is to establish a Bed and Breakfast in a single-family residence consisting of five (5) guestrooms hosting up to ten (10) transient guests,by a Contract Vendee,not a property owner. f The subject premises was issued a Certificate of Occupancy Z-28275 dated March 13, 2002 to Christina Hessel Como and Joe Como and covers, among other applied for improvements, a Suffolk County Board of Health Approved six(6)bedroom single-family residence with seven(7)full baths,a`den' over garage and unfinished basement. On May 24, 2002 Christina Hessel-Como and Joe Como,were issued a Special Exception permit(ZBA# 5128SE)to operate a four(4)bedroom Bed and Breakfast with Conditions, including the need for parking of seven (7) cars. While the Town Code allows for up to five (5) guest rooms, the Como's applied for four (4) guest rooms with a limit of eight (8)'transient boarders due to the need for a bedroom for their young daughter. It is necessary for Bed and Breakfast applicant's to reserve bedroom space for family members residing at the subject Public Records and both applications illustrate that the Hessel-Como's sold the subject property to Darolyn & Christopher Augusta on October 1, 2003. ZBA decision 5128SE was extinguished at that time,per Town Code. Cristina Illa testified that she is purchasing the real estate along with her daughter, Ursula Sala-Illa and her daughter's father, Xavier Sala-I-Martin under a corporate name: ESSEYE LLC and that the business will be operated separately under a second corporate name, My Wings LLC,jointly owned by Cristina Illa and Ursula Sala-Ilia. Written documentation of these two LLC entities was submitted.However,the contract vendees and current owners were made aware that, pursuant to the Southold Town code, the Board of Appeals may only grant a Special Exception permit to operate a B&B to the full time owner/occupants of a residence, and only as an accessory incidental to the principal residential use, and may not do so for a corporation or as a business use. On February 1, 2019 a new contract of sale was submitted between Darolyn and Christopher Augusta and Cristina Illa,Ursula Sala-Ilia and Xavier Sala-I- Martin, as individuals and not as a corporation. During a scheduled interior inspection of the subject property prior to the public hearings, the Board Members discovered that part of the basement had been finished, in contradiction to Certificate of Occupancy No. Z-28275 dated 03/13/02 which describes the basement as unfinished. In subsequent communication, the current owners stated that they will not be seeking to remedy the CO and indicated that the Contract Vendee will, at her expense, be removing the improvements and updating the CO as/if required by the Building Department The Board discussed the need for Cristina Illa and Ursula Sala-Ilia to each have their own bedroom as is the custom for family members with permanent residences in an approved accessory bed and breakfast in the Town of Southold. The Board is not imposing a requirement for the third property owner to have a bedroom of his own since, at the public hearing, Cristina Illa stated that Xavier Sala-I-Martin will not be residing at the subject premise and is an investor in the real estate only. Page 3, February 7, 2019 FJAPR #7258SE, Cristina Ilia-SCTM No. 1000-86-4-1.4 72021 FINDINGS OF FACT /10,-�- The Zoning Board of Appeals held a joint public hearing on the combined two applications on January 3, 2019 adjourned to January 17, 2019 and adjourned for decision to February 7,2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Cristina Illa and Ursula Sala-Ilia, and Xavier Sala-I-Martin are the Contract Vendees who will be purchasing the property located at 40300 Main Road, Peconic NY 11958 from Darolyn & Christopher Augusta. Said property is improved with a two-story wood-frame residence with attached garage and front porch on three sides facing Main Road along with a rear wood deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by John T. Metzger,Peconic Surveyors,PC and dated January 9,2002. Christina Illa and Ursula Sala-Ilia will occupy the subject property as their principal residence upon closing of the sale of the property and will operate the accessory Bed and Breakfast. 2. The applicants/contract vendee submitted the following documents to confirm their future principal occupancy of the dwelling: Cristina Illa submitted a sworn and notarized affidavit on October 25, 2018 indicating that upon purchase of 40300 Main Road, Peconic NY she will reside full time at the subject property and will operate the Bed and Breakfast, along with her adult daughter Ursula Sala-Ilia, who also provided a sworn and notarized affidavit on January 9, 2019.The applicant's plans comply with the on-site parking requirements and provide for 7 parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s) applied for. 3. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 4. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent residential uses. A Bed and Breakfast has been operating in the subject dwelling since 2002 without any adverse impacts 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 6. This accessory Bed and Breakfast will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 7. Evidence HAS been submitted to show that.the safety, health,welfare, comfort, convenience or the order of the town will be adversely affected in that the current owners have a partially finished basement in contradiction to CO#Z-28275.However,written correspondence was received by the Board that the Contract Vendee, Cristina Illa, will, at her expense. be removing the improvements and updating the CO as/if required by the Building Department, upon purchase of the subject property. 8. This zoning use is authorized by 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 use may be occupied. 9. An adverse condition was found after considering items listed under Section 280-142.and 280-143 of the Southold Town Zoning Code, specifically residential improvements not covered by the current Certificate of Occupancy. 10. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code i Page 4, February 7, 2019 #7258SE, Cristina Ilia-- 1 SCTM No. 1000-86-4-1.4APR 0 7 2021 I �. , C C—zi C7 P,,-- for an Accessory Bed and Breakfastuse. 1 2 RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Weisman(Chairperson), seconded by Member Lehnert,and duly carried to DENY the Special Exception permit for an accessory Bed and Breakfast for five (5) guest bedrooms under application 7258SE, and to GRANT CONDITIONAL ALTERNATIVE RELIEF for four (4) guest bedrooms to be used only in conjunction with the applicants-owners residence, as applied for and as shown on the survey prepared by John T. Metzger, Peconic Surveyors, PC and dated January 9, + 2002 and on the floor plans labeled A-1,A-2,A-3 by Donald G.Feiler,Architect and dated December 14, 2000. Should the applicant, at a later date, wish to apply for an increase in the number of guestrooms to five (5), they may do so without prejudice upon submittal of a Suffolk County Board of Health approval for a seven(7)bedroom residence and a the corresponding Town of Southold Certificate of Occupancy, ` SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Conditional Special Exception permit to operate a Bed and Breakfast will be issued in the name of Cristina Ilia and Ursula Sala-Ilia as owner/occupants of the subject residence, and no. others and does not authorize any existing or future LLC as operators of the B&B, which must remain an accessory to the principal residential use of the owner/occupants named herein 2. Within 30 days of closing, on the purchase of the residence,the applicant must provide the Town of Southold Zoning Board of Appeals with a copy of the new deed listing Cristina Ilia and Ursula Sala-Ilia as owners of the subject premises. 3. Within 60 days of the date of closing on the purchase of the residence, Cristina Ilia and Ursula Sala- Ilia must provide the Town of Southold Zoning Board of Appeals with three examples of proof of residency that may include driver's licenses, utility bills, voter registration, and property tax records. 4. Within 90 days of the completed transfer of the real estate from Darolyn& Christopher Augusta to Cristina Ilia and others, the new owner is to provide the Town Zoning Board of Appeals with a copy of an updated Certificate of Occupancy on the subject premises illustrating that the finished basement has been issued a Certificate of Occupancy or that the improvements have been removed and the basement has been returned to its original `unfinished' condition and approved by the Town of Southold Building Department 5. Within one (1) year of the date of closing on the purchase of the residence, the applicant must provide the Town of Southold Zoning Board of Appeals with a copy of an approved STAR exemption,(deadline for STAR application is March 1,2019). 6. Prior to the issuance of a final Special Exception Permit, the Chairperson and/or an appointed Member of the Town of Southold Zoning Board of Appeals shall re-inspect the premises and provide written acknowledgement to the ZBA office and the Building Department that all conditions have been satisfied. It is the owner/applicant's responsibility to contact the Office of the Zoning Board of Appeals to schedule this inspection. r Page 5, February 7,2019 G'uwI #72585E,Cristina Ilia— SUM No. 1000-86-4-1.4 � APR 07 2021 7. This Special Exception Permit requires an operating permit and inspection bj! HJT",- gTnspe&tor -? from the Building Department that must be renewed annually. It is the applicant's responsibility to" contact the Building Department each year to schedule the required inspection.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. 8. This Special Exception permit cannot be transferred to new owners That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings, cited in this decision will 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 as granted herein. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman (Chairperson),Dantes,Planamento and Lehnert. This Resolution was duly adopted (4-0). (Member Acampora was absent) Leslie Kanes Weisman,Chairperson Approved for filing /2019 e ' BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson � 01 d, inn Road•P.O.Box 1179 �® � d,NY 11971-0959 Patricia Acampora � e � I1 Eric Dantes us 4e Town AA ex/First ff orf" �� II Robert Lehnert,Jr. ® yo 543751Main Road(at Youngs Avenue) Nicholas Planamento ��c®� i SouthAFRN 712g2l http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD Q, F,Itd q a,;10-t>m Tel.(631)765-1809•Fax(631)765-9064 O� F EB 1 1 2019 '//,� FINDINGS,DELIBERATIONS AND DETERMINATION ^• y i� MEETING OF FEBRUARY 7,2019e4u ZBA APPLICATION#: 7257SE Sou hold Town Clerk APPLICANTS/OWNERS: Darolyn & Christopher Augusta PROPERTY LOCATION: 40300 Main Road,Peconic NY SCTM: 1000-86-4-I.4 SEORA 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 November 26, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, rectangular, .932 acre, 40,599 square feet parcel measures 196.15 feet along the south side of State Route 25 also known as Main Road also known as King's Highway to the north of the lot with an eastern Iot line shared with two residential neighbors measuring 252.05 feet to a southern lot line shared with a third residential neighbor of 185 feet to a western lot line shared with a fourth residential neighbor of 186.86 feet. On the west side of the lot there is a 16 feet wide common driveway shared equally by the two neighboring parcels (8 feet each) along with a row of evergreen screening east of the drive on the subject property. Along the southern lot line, below a depicted spilt rail fence, is a `footpath'. The split rail fence continues north along the eastern lot line. The parcel is improved with a two-story wood-frame residence with attached garage and front porch on three sides facing Main Road along with a rear wood deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by John T. Metzger, Peconic Surveyors, PC and dated January 9,2002. BASIS OF APPLICATION: The applicant's request a Special Exception pursuant to Article III, Section280-13B,subsection 14 of the Zoning Code,to legalize an as built Bed and Breakfast with five(5) bedrooms within their existing single-family dwelling, accessory and incidental to their principal residential occupancy under the Building Department's Certificate of Occupancy Z-28275 dated March 13, 2002. The existing and proposed five(5)bedrooms for lodging and serving of breakfast to ten(10)B &B casual,transient roomers are located entirely on the second floor of the residence. ADDITIONAL INFORMATION/BACKGROUND: Application 7257SE, Darolyn and Christopher Page 2, February 7,2019 #72575E,Augusta SUM No.1000-86-4-1.4 Augusta, owner is in contract to sell their residence to individuals who wish tf' make � roe their full-time, primary residence and also to continue to operate and run a Bed and Brea k �t n�he Harvest Inn Bed and Breakfast,where the owner-applicant has operated a Bed a d Breakfast consisting of five (5) guestrooms hosting up to ten (10) transient guests for more than a dei ade,W. onl„benofit of a Special Exception authorization in their own names. Certificate of Occupancy Z-28275 dated March 13, 2002 was issued to Christina Hessel and covers, among other applied for improvements, a Suffolk County Board of Health Approved six (6) bedroom, single-family residence with seven(7)full baths,a`den' over garage and unfinished basement. A prior Appeal,#4904 for a reduced rear yard setback,dated January 25,2001 was denied. Christina Hesse]-Como and Joe Como, her husband,designed and built the residence to function as a Bed and Breakfast from inception with each bedroom featuring an en-suite full bath and private owner's quarters as applied for. On May 24, 2002 the Como's benefited by the Southold Town Zoning Board of Appeals granted the Como's a Special Exception Permit (ZBA# 5128SE), to operate a four(4)bedroom Bed and Breakfast with conditions, including the need for parking of seven (7) cars. While the Town Code allows for up to five (5) guest rooms, the Como's applied for four (4) guest rooms with a limit of eight (8) transient boarders due to the need for a bedroom for their young daughter. It is necessary for Bed and Breakfast applicant's to reserve bedroom space for family members residing at the subject property. Public Records and the Augusta application illustrate that the Hessel-Como's sold the subject property to Darolyn &Christopher Augusta on October 1,2003. ZBA decision 5128SE was extinguished at that time,per Town Code. Both the application and public testimony show that the since 2003 Augusta's have operated, and continue to operate, The Harvest Inn Bed and Breakfast featuring five (5) guest suites and that as an aspect of the purchase of the Como property they negotiated acquisition of the Bed and Breakfast. The Augusta's use a sixth (6d) bedroom owner's suite separate from the guest area and accessed via a common hall and a second,rear stairwell and maintain they are entitled to five(5)guest rooms having no additional family members residing at the subject property. In contradicting statements, the Augusta's claim they made application to the Town of Southold for a Bed and Breakfast permit at the time of the property acquisition. However, the Town has no records of an application or approval in the Augustas name, and the Augustas were unable to produce any proof of a having received a permit to operate a B&B in their names, but did submit a copy of the most recent "passed" annual Town of Southold Fire Inspection, dated November 7, 2018.Further,they also state that they were unaware of the need to obtain a Town of Southold Zoning Board of Appeals Special Exception permit to operate a Bed and Breakfast and have only learned of this need as a response to a contract of sale requirement to transfer the Bed and Breakfast business with the subject dwelling to a potential new owner. The applicant further asserts that they have been working for three(3)years to resolve this issue.However,the notarized date of November 5, 2018 on the Zoning Board of Appeals application would contradict this statement. Town of Southold Code does not allow the transfer of a Special Exception permit to a new owner and requires all applications to be completed by an owner whose resides in the home as their full-time permanent residence. During a scheduled interior site inspection, the Board Members discovered that half of the unfinished basement was in fact finished without the benefit of a building permit or Certificate of Occupancy and consisted of an open area exercise room,finished closets and a room described by.the Augusta's as being a `bedroom for the prior owner's housekeeper'. The Augusta's state that they purchased the property in 2003 with the finished basement in place and that they did not use the `bedroom' for guests or any other purpose other than for storage and argue they were unaware of the need for a Certificate of Occupancy on Page 3,February 7,2019 ` #7257SE,Augusta SCTM No.1000-86-4-1.4 AI APR 0 7 2021 'I these improvements. Paragraph 20 of the FIRST Rider to the Contract of S� le submitted to the Board I 1 11 specifies, "At closing, Sellers shall deliver to Purchaser Certificate of Occiipancy NLo.,Z=28275,.dated_ 03/13/02 for a one family dwelling with covered front porch, rear deck, second=door--balcony,-and- attached two car garage. Seller will not deliver any other certificates of occupancy, or similar document, or any certificates for any fence, shed, deck, gazebo, cabana, finished basement, or garage conversion which may exist in or on the premises." In subsequent communication, the applicant has stated that they will not be remedying the finished basement and have indicated that the Contract Vendee will, at her expense be applying for and remedying this flaw in the Certificate of Occupancy, after closing on the purchase of the real estate. The Augusta's own the subject premises in their names and own a separate corporation which runs the Bed and Breakfast,DCAOne,Ltd.d/b/a Harvest Inn Bed and Breakfast. Correspondence via emails and letters were submitted by the Augusta's to the Town of Southold Zoning Board of Appeals, including: December 28,2018 a copy of a real estate sales contract between Darolyn & Christopher Augusta to Esseye LLC(Cristina Illa) January 10,2019 documents illustrating the corporate ownership of Cristina Illa's two LLC's, one for the future ownership of the subject dwelling, and the other for the future operation of the proposed bed and breakfast, as applied for January 15,2019 a discussion of the need for clarity to establish a closing date for the sale of the subject property January 17,2019 a discussion about the finished basement and alternatives to remedying and obtaining an updated Certificate of Occupancy from the Town of Southold Building Department. January 18,2019 a description of the applicant's process of submission to the ZBA for the subject Special Exception Permit. February 1,2019 a new contract of sale with two riders, between Darolyn & Christopher Augusta and Cristina IIia, Ursula Sala-Ilia and Xavier Sala-I-Martin, as individuals and not as a Corporation. This new contract of sale did not include any reference to the separate contract and sale, as previously included in the first sales contract,of the Bed&Breakfast to be acquired by Cristina Ilia and Ursula Sala-Illa. The Augusta's have informed the Board that they intend to cease operation of The Harvest Inn Bed and Breakfast, with the sale of their dwelling and that the purchaser intends, upon successful closing on the purchase, to commence and continue operating a Bed and Breakfast should her application, (ZBA #7258SE)be approved. APPLICABLE PROVISION OF TOWN CODE: § 280-142. General standards. No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. That the safety,the health,the welfare,the comfort,the convenience or the order of the Town will not be adversely affected by the proposed use and its location, Page 4, February 7,2019 , #7257SE,Augusta C�! SUM No.1000-86-4-1.4 APR 0 7 ZOZT D. That the use will be in harmony with and promote the general purposJ aad-iAt nt„ctthis,.ch 1pter.,—'I E. That the use will be compatible with its surroundings and with the char`acl'er__"o�f the neigliborhood'_ and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all-proposed structures, equipment and material shall be readily accessible for fire and police protection. G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. §280-143.Matters to be considered. In making such determination,consideration shall also be given,among other things,to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases,odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, Iight, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. \ r i r Page 5, February 7,2019 #7257SE,Augusta ) SUM No.1000-86-4-1.4 ^ iC C--i--, D I' P. Whether the natural characteristics of the site are such that the proposed Xrrftapb%i�i�o�iuced there without undue disturbance or disruption of important n�tural features, systems or processes and without risk of pollution to groundwater and surface�waters,on-and,off the site. i FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on application on January 3, 2019 adjourned to January 17, 2019 and adjourned for decision to February 7, 2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14)to establish an Accessory Bed and Breakfast,the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Darolyn&Christopher Augusta,the applicant(s)herein, are the owners of the property located at 40300 Main Road, Peconic NY 11958. It is improved with a two-story wood-frame residence with attached garage and front porch on three sides facing Main Road along with a rear wood deck running the length of the residence, a bilco basement access door and a second story upper wood deck balcony, crushed stone driveway and parking court and sanitary system as shown on the survey prepared by John T. Metzger, Peconic Surveyors, PC and dated January 9, 2002. The owners/applicants will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated by them. 2. The owner/applicants submitted the following documents to confirm the principal occupancy of the dwelling: Darolyn Augusta submitted a National Grid utility bill for service to 40300 Main Road,Peconic NY along with a copy of her New York State Driver's License and a New York State Board of Elections Voter Registration to substantiate her full-time residency; Christopher Augusta also submitted copy of New York State Board of Elections Voter Registration indicating 40300 Main Road,Peconic NY as evidence of his residence. 3. The application complies with the on-site parking requirements and provides for 7 parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s)applied for. 4. The subject structure complies with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 5. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located,adjacent use districts,and nearby and adjacent residential uses. 6. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties 7. The accessory Bed and Breakfast will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 8. Evidence HAS s been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will be adversely affected.The applicant's currently have a Certificate of Occupancy for an unfinished basement. At some point the basement was partially finished without obtaining a building permit and an updated Certificate of Occupancy. Moreover, the applicants have stated that they will not be removing or legalizing the as built improvements and have indicated that the Contract Vendee will, at her expense, be removing the improvements in compliance with the existing CO after closing on the purchase of the subject property. 9. This zoning use is authorized by 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 use may be occupied. Page 6,February 7,2019 - #7257SE,Augusta SUM No.1000-86-4-1.4 � i z6l APR ® `� 202 10. An adverse condition WAS found after considering items liste' under Section 280-142 and 280-143 of the Southold Town Zoning Code, including residenliaL iiripr9ve- mtits nQt_-aover� by the current Certificate of Occupancy. - - - 11. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Weisman(Chairperson),seconded by Member Planamento,and duly carried to DENY, without prejudice, the Special Exception Permit for an Accessory Bed and Breakfast for five (5) guest bedrooms under application 7257SE, as applied for. This denial without prejudice allows the applicants to submit a new application should the applicants continue to reside in the subject dwelling as the primary residence and decide to remove or legalize the unauthorized improvements to the basement. Any deviation from the survey, site plan and/or architectural drawings, cited in this decision will 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 as granted herein. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Planamento and Lehnert. This Resolution was duly adopted (4-0). (Member Acampora was absent) Leslie Kanes Weis n, Chairperson Approved for filing OZ / /2019 APPEALS BOARD MEMBERS g-ofFO(,�► • 5% QG Southold Town Hall Gerard P.Goehringer, Chairman 53095 Nlain Road Lydia A.TortoraP.O. Box 1179 George Horning - lkohold,New Cork 11971-0959 Ruth D. Oliva A �� / ZBA Fax(631)765-9064 Vincent Orlando l �a ` F° Telephone (631) 765-1809 http:/Isouth©idtowt northfork-neh �u`—D l BOARD OF APPEALS �f TOWN OF SOUTHOLD �� ! APR 0 7 2021 FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF MAY 16,2002 ; Appl.No.5128-Joseph and Cristina Como ----- Street and Locality: 40300 Main Road,Peconic 1000-86-4-1.4 Date of Public Hearing: May 16,2002 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property fronts 196.15 ft. along the south side of the Main Road (State Route 25), depth of 186.86 ft. along the west side, 252.05 feet along the east side, and 185 ft. along the south rear line, in Peconic. The lot is improved with a new single-family dwelling. The survey prepared by Peconic Surveyors, P.C. shows an easement on the west side of the property labeled "common driveway" and a row of evergreens. Along the southerly property line is a split rail fence near a footpath on the lot to the south. The fence also runs along the easterly property line to the northerly corner of this lot. APPLICANT'S REQUEST: Applicant requests a Special Exception under Code Section 100-31(b)(14) [ref. 100-30B(14) to operate a bed-and-breakfast accessory use in their home. Floor plans submitted with the application show up to four (4) B & B guest bedrooms, and the application proposes a maximum of eight (8) guests. On-site parking is required, and proposed for a minimum of seven (7) vehicles. REASONS FOR BOARD ACTION,DESCRIBED BELOW: (1) After hearing testimony, both in support and against the application, and reviewing submitted materials, and making personal inspection of the property and viewing the neighborhood, the Board has considered the General Standards set forth in Code Section 100-263, and finds and determines the following: (A) The proposed bed-and-breakfast accessory use will not prevent the orderly and reasonable use of adjacent properties, or of properties in adjacent use districts, or of permitted or legally established uses in its zoning district or adjacent use districts. (B) The safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location. (C) The proposed use will be in harmony with, and promote the general purposes and intent of, the Zoning Code and will be compatible with its surroundings and with the character of the neighborhood and of the community in general. (D) The structure will be readily accessible for fire and police protection. (2) No adverse findings result from a review of the matters to be considered under Code section 100-264. r� �v, Page 2—May 16, 2002 / 6&8 Appl. No. 5128—J. and C. Como 1 1000-86-4-1.4 at Peconic APR 0 7 2021 RESOLUTION/ACTION: On motion by Member Orlando, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application for a Special Exception for an accessory bed-and- breakfast use,in conjunction with the owner's residence,subject to the fallowing CONDITIONS: (1) Owner-applicant shall obtain a bed-and-breakfast permit from the Building Department as required by Code section 100-31(B)(14). (2) At least seven (7) off-street parking spaces shall be provided (on the property) as required by code,for not more than four(4)B& B guest rooms. (3)There shall be no backing out of cars onto Main Road. (4) There shall be a flexible chain-type ladder placed next to each guest bedroom window (above the first floor)for emergency purposes. (S) The screening buffer of trees and bushes along the rear property line shall be maintained at all times in good condition. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Horning, and Orlando. This Resolution was duly adopted(4-0). (Member Oliva wa due to illness.) /A rard P. oehringer Yl a v Chairman r APPEALS BOARD MEMBERS • p�� �'QG Southold Town Hall - Gerard P.Goehringer, Chairman y� 53095 Main Road co James Dinizio,Jr. H x P.O. Box 1179 Lydia A.Tortora p Southold, New York 11971 Lora S. Collins 'f,� p!� ZBA Fax(631)765-9064 George Horning Ol �►a Telephone(631)765-1809 BOARD OF APPEALS _ TOWN OF SOUTHOLD � l i FINDINGS, DELIBERATIONS AND DETERMINATI P N APR 0 7 2021 MEETING OF JANUARY 18, 2001 i Appl. No. 4904—Cristina Hesse[, Contract Vendee , Street and Locality: 40300 Main Road, Peconic 1000-86-4-1.4 Date of Public Hearing: January 4, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of fronts 196.15 ft. along the south side of the Main Road (State Route 25) in Peconic. The lot is vacant and is shown as Lot#2 on the Map of Peconic Bay Cove filed in the Office of the County Clerk on March 4, 1983 as File No. 7159. The survey prepared by Peconic Surveyors, P.C. shows an easement on the west side of the property labeled "common driveway" and a row of evergreens. Along the southerly property line is a split rail fence near a footpath on the lot to the south. The fence also runs along the easterly property line to the northerly corner of this lot. BASIS OF APPLICATION: Building Inspector's November 21, 2000 Notice of Disapproval for the reason that applicant's proposed house does not meet the rear yard setback requirement of 60 feet. AREA VARIANCE RELIEF REQUESTED: Applicant is proposing a new two-story dwelling with a setback from the southerly property line at 40 feet. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The granting of the area variance will produce an undesirable.change in character of neighborhood or a detriment to nearby properties. The benefit to the applicant is to save a large evergreen, verses the benefit to the neighboring community which is to preserve privacy in their rear yard and to continue their right to enjoy the private yard area. 2. The benefit sought by the applicant can be achieved by some method, feasible for applicant to pursue, other than an area variance. The options could be to re-design a house to better fit the lot, to build a smaller house or to re-locate the house on the lot. 3. The requested area variance is substantial. There is another location on this lot to place the dwelling without the need for a variance. 4. The Board has received testimony and evidence from the neighbor(s) to show that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district by moving the house closer to the rear line. 5. The alleged difficulty has been self-created and relates to the applicant's desire to place the Page 2—January 18, 2001 ZBA Appl. No. 4904—G Hessel(Konarski) 1000-86-4-1.4 at Peconic f -��A5y� APR 0 7 2021 dwelling in a nonconforming location rather than meeting the code requirement.-_;,:d RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to DENY the requested variance. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0) ERARD P. GOEHRIN R CHAIRMAN v AND SOU:il_UUJD 0 ,!90 Clerl: r"over. 0. Town of l ---- ----- - Wicah Star Exemption:' ®� c..n lJ C,G��. 5 We are not eligible at this timaus we a do not fall into the financial guidelines for this exemption. The guidelines say that if you earned over $500,000 in the year they require tax returns for, that you are not eligible. In order to apply for the Star exemption, we would need to show that we earned less than $500,000 in 2019. We earned more than that, so we are not currently eligible. We plan to apply for a Star exemption when we are eligible. Mar 26, 2021, 8:07 PM Steven Isaacs <steven10628@gma1l.c®m> (3 days ago) / to me t:.=--_�-= :,•Ivy.� ,I Forwarded -- - message From National Grid <NationalGridOnlineServices national rid.cdm> APR 0 7 2029 Date: Fri, Mar 26, 2021 at 5:59 PM Subject: Your bill is ready to view ,�-- ' J'� To: <STEVEN10628(@-gmail.com> =---y- You may pay directly through the PDF attachment 9C�y nationalgrid Your bill is attached x s�s COVID-19 Information: To learn more about how we're supporting our customers and employees during these unprecedented times visit our dedicated page. Dear STEVEN A ISAACS, Your bill is attached, giving you all the details of your gas usage. You can also easily and conveniently pay using the attached form. Bill Amount: $8.14+ Due Dater 04/18/2021 Billing Period: 03/23/2021 - 03/24/2021 1 How to view and pay your bill ApR 07 2021 1. Download the attached PDF 2. Enter your five-digit service address ZIP code C;F:-u 3. Make a payment from the document — Need a reminder to pay? a ,- Add a payment reminder to your calendar now, to remind you that p- your payment is due. We appreciate your business. National Grid Account details 40300 MAIN RD Gas service Account Number: *****1028 Web profile details The email address we have on file is: STEVEN 10628 @ G MAI L.CO M • Modify email • Modify profile • Account overview Your path to personalized online services Log Ou Hi STACEY ISAACS 1 DMV Photo Document � I, APR 0 7 2021 � S Replace stacey.isaacsl8@gmail.com Change Email I lam,I MyDMV Home Please Note: If you are having trouble processing payment and are using Change My Address Chrome web-browser, please try using Internet Explorer (IE) or Edge or try Electronic Reminders our non-MyDMV transactions. For them at: https://dmv.ny.gov/non-mydmv- Get My Driving Record transactions My License,Permit or ID My Registrations Print Page Restore Driving Pnvil..• NYS Donate Life Registry Confirmation 9L11 Register to Vote Congratulations!Your driver license was replaced. You will receive a confirmation email. Allow two weeks to receive your document by mail. DMV Home Other Online Services Flame: Contact DMV STACEY ELLEN ISAACS Client ID: Document Type: Driver License Class: D Expiration Date: 01/08/2027 Transaction Number: 6E8A1942 Date/Time Processed: 03/29/2021 10:24 AM Total Fee: $18.50 (Includes$1 to the"Life- Pass it On"Trust Fund). Temporary Document If you need a document immediately,you can download and print the temporary document(in PDF format) by selecting the download button below,or from your transaction confirmation email. For security, your Birthdate on your temporary document does not show(it displays as XX/XX/XX). Some customers have problems downloading PDFs from our website. Learn more. Warning:You have until 11:59PM on Friday,April 02,2021 to download this temporary document through your MyDMV account.Afterwards,the document will become unavailable. Organ Donor Status:Your request to be added to the NYS Donate Life Registry will be submitted to the NYS Department of Health (DOH). APR ' About MyDMV DMV Home Terms of Service Privacy Policy I I APR 0 7 2021 Yo r path C�personalii = kali t�rvices LO- Hi, STEVEN ISAACS Replace DM's Photo Document sisaacs@koehler-isaacs.com Change Email MyDMV Home Please Note: If you are having trouble processing payment and are using Change My Address Chrome web-browser, please try using Internet Explorer (IE) or Edge or try Electronic Reminders our non-MyDMV transactions. For them at: https://dmv.ny.gov/non-mydmv- Get My Driving Record transactions My License Permit or ID My Registrations Print Page Restore Driving Privil... NYS Donate Life Registry Confirmation Register to Vote Congratulations!Your enhanced driver license was replaced. You will receive a confirmation email Allow two weeks to receive your document by mail. DMV Home Other Online Services Name: Contact DMV STEVEN ALAN ISAACS Client ID: Document Type: Enhanced Driver License Class: DM Expiration Date: 03/06/2028 Transaction Number: F1EA0181 Date/Time processed: 03/29/2021 10:33 AM Total Fee: $18.50(Includes$1 to the"Life-Pass it On"Trust Fund). Temporary Document If you need a document immediately,you can download and print the temporary document(in PDF format) by selecting the download button below,or from your transaction confirmation email. For security,your Birthdate on your temporary document does not show(it displays as XX/XX/XX). Some customers have problems downloading PDFs from our website. Learn more. Warning:You have until 11:59PM on Friday,April 02, 2021 to download this temporary document through your MyDMV account.Afterwards,the document will become unavailable. DOW Organ Donor Status:Your request to be added to the NYS Donate Life Registry will be submitted to the NYS Department of Health (DOH) APR 0 7 2021 C,:r About MyDMV DMV Home Terms of Service Privacy Policy �'} •'t" �, A 1 .1 gip;,'ai' ' I 'y' .r{:b`l y �"'S�1 k `. � S�ybi ��► ��. . • � , '-' �,`� i f �` • � 7 j' ti �., „( 'e -ems i•^�,'7j /�_� � ` '.. 6 MAI � G�¢,� � /t„� �-� & .ayt Z � `���� �. N �+ � ,r „3�'� v .�• � pl 'r✓� L �,.,e�fir• � s''`ir .. .�.�,��'.'yW SpSpyy / j �•� .fir,; ''` ;+�+�”`�f j,: �� -�' . Q„. �. �,Pim' � �,c �.,i.� • u - y w .. t iN • i , J tel' ��.� "�:c r �.7C':/,'�•n.. :I I j I I, .��'. �.a,a ,•o"�? 'n' Y. ,c^S •�� p..•.r � .�a^' � �', 1 .�4 ��11 k L' al �'” 4� ti a, ';..4 ,�{ '•� s� .n f�'� �.�� ! �Y- r z,T=;?sr iY_R•t„ .7^•AF4�= i w+. w {,rrq .�.'•1t ,+gyp, ... 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't - .. �r � ar:1 PR .0.7 2021 1 i « r k « Ti7 fi J" . .r � •` y�r s s y A tv�~� y s {'t . 4,R APR 0 7 2021 E 1 � : *3 , ,' S •i i t t i i •14! 41 - A. 14 - 't t,,,u 4m� i a x mom-. x€ t APR 0 7 2021 a II 4 F 4 f t yi �y � a 1 t s { k. f, a Dw►�� rv6 " r " t f V / s z N .Y 1 — i ti i w� i t.�aY f Fuentes, Kim From: lehnert <roblehnert@optonline.net> Sent: Wednesday, April 28, 2021 12:03 PM To: Fuentes, Kim (�I Subject: Harvest Inn Field Inspection Attachments: 4-28-21-1.JPG;4-28-21-2.JPG;4-28-21-3.JPG Kim, Can you forward this to all members. I met the new owners this morning (nice people). The first floor and second floor rooms have not changed since the last application. The basement has been partially demolished. The sheetrock and ceilings are down, but the stud walls are in place. I've attached photos of what is there. Rob North Fork Adventures Charters Ph: 516-662-6382 www.northforkadventures.com Facebook : https://www.facebook.com/NorthForkAdventures/ ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3�I , a k t i /i / N /✓/ i; /j cy y, li La/ % i,,. � g v I r s ey1gl`.M , d f' 4 b b, ,'s _ o r T.sicciaitsira,liss gs379S, 3 Ui:ntrrc io;:a.rs' a't;atmretinecom APR 0 9 2021 j Certificate of Occupancy Sear : alnjc��Ju �L TITLE #: 478-015785MWS DATE:12/31/2020 PREPARED FOR:INTRACOASTAL ABSTRACT(INCO) ORDER ID:12018024 PREMISES: 40300 ROUTE 25, PECONIC State: NY County: SUFFOLK Town: SOUTHOLD Unincorp: PECONIC District: 1000 Section: 086.00 Block: 04.00 Lot: 001.004 A search of the Building Department records in reference to the above mentioned premises has revealed the following information: Certificate of Occupancy #Z-28275 issued on 3/13/2002 under permit #27082-Z for a single family dwelling with covered front porch, rear deck, second floor balcony and attached two car garage. IMPORTANT NOTICE ABOUT SEARCH INFORMATION HEREIN DATATRACE INFORMATION SERVICES,LLC DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON OR ENTITY FOR THE PROPER PERFORMANCE OF SERVICES RELECTING THE CONDITION OF TITLE TO REAL PROPERTY THIS SEARCH WAS COMPILED FROM PUBLIC RECORDS MADE AVAILABLE FROM VARIOUS COUNTY AND MUNICIPAL OFFICES,AGENCIES AND DEPARTMENTS THE SERVICES ARE PROVIDED'AS IS'WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,OR WARRANTIES BASED ON COURSE OF DEALING OR USAGE IN TRADE OR ERRORS OR OMISSIONS RESULTING FROM NEGLIGENCE,MIS-INDEXING,MIS-POSTING OR ITEMS THAT ARE AFTER THE EFFECTIVE DATE OF THE SEARCH THIS IS NOT AN INSURED SERVICE THIS DISCLAIMER SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS THE SERVICES ARE EXCLUSIVELY FOR DATATRACE CLIENT AND NOT FOR THE BENEFIT OF ANY THIRD PARTIES FORM NO. 4 :19D TOWN OF SOUTHOLD BUILDING DEPARTMENT APR 07 2021 Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-28275 Date: 03/13/02 THIS CERTIFIES that the building NEW DWELLING Location of Propertyx 40300 MAIN RD PECONIC (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 86 Block 4 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantial y to the Application for Building Permit heretofore filed in this office dated NOVEMBER 14, 2000 pursuant to which Building Permit No. 27082-Z dated FEBRUARY 13, 2001 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 ONE FAMILY DWELL NG WITH COVERED FRONT PORCH, REAR DECK SECOND FLOOR BALCONY AND ATTACHED TWO CAR GARAGE AS APPLIED FOR. The certificate is i sued to CRISTINA HESSEL (OWNER) of the aforesaid bui ding. SUFFOLK COUNTY DEPARrMMT OF HEALTH APPROVAL R10-00-0272 02/25/02 ELECTRICAL CERTIFICArE NO. 52906 01/29/02 PLUMBEMS CERTIFICATION DATED 03/12/02 DINIZIO PLUMBING & HEAT tho ized Signature Rev. 1/81 - - - _-=73 APR 0 7 2021 Star Exemption: We are not eligible at this time because we do not fall into the financial guidelines for this exemption. TOWN OF SOUTHOLD PROPERTY RECO OWN ER - STREET VILLAGE DIST. SUB. LOT C'ti'a k°1 ✓c - �; i z' t' _ �'c"t 2.�•,� �se3' ' o'g-! FORMER OWNER N E ACR. 7i"tf �i� x `' S W TYPE OF BUILDING es''=' �.;�. P R , SEAS. VL. ._, FARM COMM. CB. MICS. Mkt. Value LAND 10. TOTAL�A � DATE REMARKS ,A 7/)482 10 r: -)d'4,r- Z r tbq'i-Cuo, i\-bnars i' - '76,POO � JIf __, C� 1 �3 �/ � � f'n E��J -� � aGJ` c- '� 4" (sE `6t c :� t3�1 8C?0 � 17 0-zz-- _500 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total M t P,',7 . _ E � h �� SSSS ■�■�■■■� ■ ■um I'M V- M mum WOMMONS �� . 4 ��� { Y,. 'Yr 2,,j .. � ■■■�■■■■■■■■ SSSS■■■ h �a SSSS■■ SSSS■■■ SSSS■ ■E■■E■ ■■■SEEM■■■■■■ SSSS■■ ■■■■■■e■■■■■■ Fire Place � ai!Ir ' . • Rooms 1st Floor CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY NYCT: $6,90000 THIS INDENTURE, made the (5 day of Gvf, 2021 ' APR 0 7 2021 BETWEEN CRISTINA ILLA, residing at 635 West 42nd Street,#22K, New York, NY 10036, XAVIER SALA-I-MARTIN, residing at 35 Claremont Avenue,#3S, New York, NY 10027, and URSULA SALA-ILLA, residing at 40300 Main Road 25, Peconic, NY 11958 party of the first part, and STEVE ISAACS and STACEY ISAACS, his wife, residing at 61 East 86th Street, Apt. 75, New York, NY 10028 party of the second part, WITNESSETH, that the party of the first part, in consideration of in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration dollars paid by the party of the second part, does hereby grant and DIST: release unto the party of the second part, the heirs or successors and assigns of the party of the second part 1000 forever, SECT: 086.00 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying BLOCK: and being in the 04.00 LOT: SEE ATTACHED SCHEDULE A DESCRPTION 001 004 ,BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated March 11, 2019 from Christopher Augusta and Darolyn Augusta and recorded May 3,2019 in the Office of the Suffolk County Clerk at LIBER 13010, Page 782. SAID premises being known as 40300 Main Road 25, Peconic, New York 11958 TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose, of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this Indenture so requires IN WITNESS WHEREOF,the party of the-first part has duly executed this deed the day and year first above written. IN PRESENCE OF. G��-- CRISTINA ILLA XAVIER SALA4-MARTIN URSULA SALA-I LLA Standard N Y B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 TO BE USED ONLY 1 )N THE ACKNOWLEDGMENT IS MADE IN V ,YORK STATE v� tC State of New York, County of `�"� 1V�� l�C���� ss: State of New York, County of ��'Iss = 11 ;, On the day of a0I On theIS+'\ _day of f, in the year 2021 before me,the undersigned, personally in the year 2021 before me,the unddINgne , s II 21 appeared XAVIER SALA-I-MARTIN personally known to me appeared CRISTINA ILLA personallyllknown to me or or proved to me on the basis of satisfactory evidence to proved to me on the basis of sati factory evidence to be be the individual(s) whose name(s) is (are)subscribed to the individual(s) whose name(s) s`CWg) u'-bscrGcd1d,the_ , 'I the within instrument and acknowledged to me that he/she/they within instrument and acknowledged{o_me.thlae1"she%#hey_r_ executed the same in his/her/their capacity(ies),and that by executed the same in his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument, the his/her/their signature(s) on the instrument, the individual(s),or the person upon behalf of which the Individual(s),or the person upon behalf of which the idual(s)a ted, x uted the rument individual(s)acted, executed the instrument. 0 . __�oto (signat a andoffice of in 'dual taking acknowledgment) (signature and office of individual taking acknowledgment) RUBEN DEL CASTILLO N TARY PUBLIC-STATE OF NEW YORK JANET HANKS No.01 DE62401 16 NOTARY PUBLIC-STATE OF NEW YORK Qualified In Queens County No.01KA6256108 My Commission Expires 04-25-2023 Oualifled in Suffolk County State of New York, County of A ' ss: My Commission Expires 02-21-2024 On the��day of em�.QI� �� in the year 2021 before me,the undersigned, personally appeared URSULA SALA-ILLA personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signatures) on' the instrument, the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. JANET HANKS NOTARY PUBLIC-STATE OF NEW YORK (signature and office of individual taking acknowledgment) No.01 HA6256108 Qualified in Suffolk County My Commission Expires 02-21-2024 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia,Territory, or Foreign Country) of ss: On the day of in the year 2021, before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/theirsignature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of Individual taking acknowledgment) BARGAIN AND SALE DEED DISTRICT 1000 SECTION 086.00 WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK 04.00 Title No. 478-015785MWS LOT 001.004 CRISTINA ILLA,XAVIER SALA-I-MARTIN, and COUNTY of SUFFOLK URSULA SALA-ILLA TO TOWN of SOUTHOLD STEVE ISAACS and STACEY ISAACS STREET ADDRESS 40300 Main Rd 25, Peconic, NY 11958 STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by RETURN BY MAIL TO- Commonwealth COMMONWEALTH LAND'I*i ru,INSURANCE COMPANY Michael R. Bertschi, Esq. Bullard Law Group 201 Old Country Road, Suite 120 Melville NY 11747 RESERVE THIS SPACE FOR USE OF RECORDING OFFICE First American Title Insurance Company Title Number: 478-015785MWS Page 1 SCHEDULE A DESCRIPTION APR 0 7 2021 ALL that certain plot piece or parcel of land, situate, lying and being i� the Town of Southold, County of Suffolk, State of New York, known and designated-as,Lot-N9,.2-on,a- certain Map entitled, "Map of Peconic Bay Cove", filed in the Suffolk eunt'_ Yer 's on -- on March 4, 1983 as Map No. 7159, bounded and described as follows: BEGINNING at a point on the southeast side of Main Road (S.R. 25) distant 165.40 feet southwesterly as measured along the intersection of the southeasterly side of Main Road and the southwesterly side of Indian Neck Lane; THENCE along the division line of Lots 1 and 2, as shown on the above mentioned Map, South 24 degrees 00 minutes 00 seconds East, 252.05 feet to the division line of Lots 2 and 4; THENCE along the last mentioned division line, South 66 degrees 00 minutes 00 seconds West, 185.00 feet to the division line of Lots 2 and 3; THENCE along the last above mentioned division line, North 24 degrees 00 minutes 00 seconds West, 186.86 feet to the southeast side of Main Road; THENCE along the southeast side of Main Road, North 46 degrees 35 minutes 20 seconds East, 196.15 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: Premises known as 40300 Main Road 25, Peconic, NY 11958. 1 ELIZABETH A.NEVILLE,MMC ��® ®�,� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 C Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER '� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 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: April 12, 2021 RE: Zoning Appeal No. 7504SE Transmitted herewith is Zoning Appeals No. 7504SE for Stacey & Steven Isaacs: Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals _,ZApplicant's Project Description Questionnaire Correspondence- 312V 2I i-e-4ce to 2SA _ Z Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork-?4+( icc C�.0.t�c_c1= Ao(�dl�$S. P-nrwtS. 1�10.�t��i Copy of Deed(s) SMV W&;4era cry ST 49- A61- cV_4_VA !-' Findings, Deliberations and Determination Meeting(s) +c.+4-Ir _,Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Photos Property Record Card(s) aps- Survey/Site Plan Drawings _ruin of Southold PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/12/21 Receipt#: 279423 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7504SE $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#2430 $750.00 Isaacs, Stacey&Steven (Harvest Inn B&B Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Isaacs, Stacey&Steven (Harvest Inn B&B) 40300 Route 25 Peconic, NY 11958 Clerk ID: JENNIFER Internal ID.7504SE -- APR 0 7 24'21 �� �a`Y• � r�I l'u�6tl��„•"V�,1 Y° ,t�•�1L�� � � j7fA-�0 � 1 of t I am tomillar wdh the STANDARDS FOR APPROVAL o AND CONSTRUCTION OF SUBSURFACE SEW GE r /.. DISPOSAL SYSTEMS FOR SINGLE FAd41L Y RESIDE'NCEg and will vbtde by the condll/ons set forth /hereto vnd on /he . permll to conslrt�c% n�RO •" Pdb DA w f PXX4 $ A 64 sFP77C ,y. ♦ I � SrS7EL � fes' � 1,. ' LIM �. 37" 36' r IL sly- Al� Wt F /biiy 1 ice• WK MA TW � 1 °°"fog �DrltjOM CERTIFIED TOS _ � �1N p JOSEPH COA,10 �� \ C \\ 1 Faat 17�' CHRISTINA C0440 � � 4 - SURVEY OF ANY AL rM 7"1 CR OF SECT &w w 77t7�TO SG 2LvlYR.6 A VXYA7&W 1 �E7CefPT AS PFR ^�► YQtx STATE MQ rm LAI• LOT 2 A�y o`� r '2 �r�news SL9BDl VIS10N MAP OF '4n MVSO"ME aW' `ix rcw PECOMC BA•Y COVE J Au 7PULL r ro�r RED ARCH { SM LOM E AwaE ct�er WM sw ur nF rem �>�®r-C. RE MD 7�9 MAP. ?VW LM .� r. cC ewa�+r-m,DA 7E-AAF AVT AV �y nfur T014W OF SOUAHUD = SWFOLK COLWTY, N.Y- ,�.a 1000 - 86 04 _ .4 Scale_ 1 1 QdF The /oc";0kns Al wef/s and cess NbV. 8, Shown hereon orBolo abe /rlome�A obPools r� and or from ° 11+1d s�pvofions Fp L/C. NO. 49618 olhars. o%A si�w .ux sl,eoae ;, , C JAF4 r, 20M t�/! P. 0.�T Qom}[ g F X 311 765 - 1797 ` AM 4 r000.rAv=W; . A MER ET Z7,z0a 'bm , f""War/ SO {c h•p, y`` 7l 88- 424 19Y15V 15ir�Lt `_ �0' �5 1N" bc63afe2-dla94bf7-84df-73f04a595207 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION - The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSD`A-,,V% 6 20241=- 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#1000-106.-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 Breakfast, 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 XXIH, 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@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-851)(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 sq. ft. feet in area; 31 freestanding sign 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. 1000-74-4-7.1,1:30 P.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://24.38.28,228:2040/weblinli/Browse.aspx?dbid=0. Contact our office at(631)765-1$09,or by emaifl: kimf@southoldtowvmy.goyDated: April 15,2021 ZONING BOARD OF APPEALS,LESLIE KANES V EISMAN, CHAWERSONBY: Kim E.Fuentes54375 Main Road(Office Location),P.O. Box 1179,'Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 206 bc63afe2-dl a9-4bf7-84df-73f04a595207 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 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. 2 A_v Signature !!! Eliot T. Putnam Printed Name Subscribed and sworn to.before me, This 06 day of May 2021 No ary Signatu e ° GLASS{.ii'''i. 0 'i STATE OF NEW YORK' NOTARI'PUBLIC: Notary Public Stamp -c ALBANY" � (>O . 01 RE6399443 810N EXP���S�° I.-Id"11 a u l i u`` • SOUTHOLD TOWN BD OF APPLS 204 i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of- MAILINGS v �-( y+ST �II (Name of Applicant/Owner) 40 3 00 M A-I N RD- I -?F60Al I C. SCTM No. 1000- I (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK �,.�/ I, (Owner, ( ) Agent S��/ 4-,517&-4'5N IS 7S fMAr fib. I , residing at �O y 'P d N j C New York, . being duly sworn, deposes and says that: On the (TftN day of -r< < , 202( , I personally mailed at the United States Post Office in `\, C- ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to fore me Ihis JA JASON DARREN RUBINSTEIN d of Notary Public-State of New York N0. 01 RU6261722 Qualified in Suffolk C ty My Commission Expires Ld (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. i All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. f 50L r R A IRA M Lr) rn - Certified Mail Fee 0952 M �I)a[pe cfp �1�1% fv:t", L U ED r-q 3.6 10 C1958 ru $ Certified Mail Fee $2 25 $3.bG -1 rU Extra Services&Fees(cheek box,add fee yT,P jTlale) nj add -- m"ate) L Pc Return Receipt(hardcopy) $ Iiia 'W Postmark C Extra Services&Fees(check box,add fee rU E]Return Receipt(hardcopy) $ PostmarkM []Return Receipt(electronic) $ I-in Here 0 1: W F1 Return Receipt(clectmnlc) $ III C3 E]Certifled Mail Restricted Delivery $ Here Adult Signature Required '4-i". r. E3 n Certified Mail Restricted Delivery 13 M Restricted Delivery$ t 3 APR 12 2021 []Adult Signature ❑Adult Signature Required Postage $0.75 CP 2 r3 Postage $0.75 171- $_ ')IG 2 Total postage tal Postage and Fe�S M T .20 I M ge an s NOO -1 $ 20 _U rq -------------- $ M'c SP ---- To _U Sent To r ----------Y------- M3 - ---n-Nolo__ --- ----- tand pF PO Bo, o -----------------F--------------------------------- PO Bc j O treat 0 ----- ------------- _6n TF ---------------- --- I ----I -a------- Stree A 00 A/4 State, . ........ ---------- 'U,1)4 _N5+40 0 �777�7�7­7e '7777,T'7 m Plq'MM 'Servicei - A RTIFIEDMAV REGEIPT '� • C3 psucilvdii9ply C3 ,ru Hauftk�--�4xo'­6"q ��Fflfp rn j- 11 AE L r=I U M $ Certified Mail Fee Certified Mail Fee 3.60 09511) $3.60 (ru $ $_ cr 05 ru $ rU E�xtraSe Services Fees check Extra Services&Fees(check box,add fee tffffiata) L rvj 7 ox,add fee, ru 0 Return Receipt(hardcopy) $ El Return Receipt(hardcopy) $ fir -ir F.) PEcO I W 0 Return Receipt(electronic) $ $0-CIO Postmar ru El Return Receipt(electronic) $ jin„III Postmark Here C3 EI Certified Mail Restricted Delivery $. 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Sent To $ -1 N D A-P, NO Nl:c-)( W-C--- -0 S------------- ------- tr5jnat J�,rO 9, -1 U&G L- k�_-WD_5- P e-TP-")C_+aL I Street a --- ---------------- Ctty 171- --------- -------------------- M -;-r-wu Box N-------------------------------------- ---------------- -___ ----- 2) 1 No� !"P -OL -0 1 N IY )1�4L A-H r\- --- --------0 rU Fo 1�ox li- city, - ----------- ------------------------ MOM Ai C 'al I I 9S 17"S c�WU,e 6 • �J L�� 1 111 k(aa f"✓l C v R tr-7 Ll — �_ro:s;�t or t 4��glm FC11z, I/- G Cho i COMPLETE .N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X � C3 Agent so that we can return the card to you. -» G0 C ❑Addressee B. Received by(Printed Name) C. Date of Delivery I ■ Attach this card to the back of the mailpiece, t 7 or on the front if space permits. - 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ) If YES,enter delivery address below: ❑No Pi C(C)D UD CruS DAM 1/- U6S �Ci)4 13 1 C-yc uu _ Ph-T)+ TO + 3. Service Type ❑Priority Mail Express® - - II IIIIII IIII ISI I II I II II I I II I II II II I II III I III ❑Adult Signature ❑Registered Mall Restricted, - Adult Signature Restricted Delivery Registered Mall Restricted, ❑Certified WHO Delivery 9590 9402 6167 0220 7899 25 Cl Certified Mall Restricted Delivery 13Signature confirrnatlon7° I O Collect on Delivery 1:1 Signature Confirmation 2. Article Number(Transfer from_servicejahan — - ^ --.I livery Restricted Delivery Restricted Delivery - ?016 1370 0002 2 213 1400 Restricted Delivery over 0 PS Form 3811,Juiy!,2020 PSN17530-02-000-9053 ' i Domestic Return Receipt — — Pec", cy--"�n fti I Certdted Mail Fee t�9Frva II nJ Extra Sernces&Fees(check bar,add fee ❑Return Receipt(hardcopy) $ .F+ rU E]Return Receipt(electronic) $ 'DLI 00 �{ Postmark III C3 ❑Certified Mal Restricted Delivery $ f ±rpt_ �pplry�� e NI t-3 E]Adult Signature Required $ I— °'° 2 2024 I C3 ❑Adult Signature Restricted Delivery$ I' r3 e Posta glE,7r rn Total Postage and Fees r9 $ 17.20 I� Sent To A-9.b ?c�:6D ►p 1�---��-tae. p reet p No r-- Box No �d� -- a '� OX_Z_ ----- i • •MPLET8 THIS SECTION COMPLETE • • I A. S natu N Complete items 1,2,and 3. ■ Print your name and address on the reverse ` 0 Agent so that we can return the card to you. ❑Addressee G ■ Attach this card to the back of the mailpiece, r3 Rec Iva .by(Printed N ) C. Date of Delivery or on the front if space permits. t+°A(-� ���� �j '& (y i� 1. Article Addressed to: D. Is delivery address different from item 17 O Yes ❑If YES,enter delivery address below: No Ir-�_ V T llv I jI l�j� ZS 2 po Ux NJ 1c 3. Service Type ❑Priority Mall Express@ I ❑Adult Signature ❑Reggistered Maillm Ij I SII II III III I II I I II II II II II II I I II I E13 Adult l Certified nature Mal®Restricted Delivery 13Deliveryed Mall Restricted 9590 9402 6167 0220 7898 64 ❑Certified Mad Restricted Delivery 13 Signature ConfirmatonTM I ; ❑Collect on Delivery ❑Signature Confirmation, 2. Article Number(rransfer-from-servirp tar,an r"'^'on Delivery Restricted Delivery Restricted Delivery Mail ISk 7 016 1370 0002 2 2,, 1417 _ o) Restricted Delivery i I PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I. II SENDER,COMPLETE • • • • • ■ Complete items 1,2,and 3. A. Signature i ■ Print your name and address on the reverse ��& Agent III so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B el ed by(Print d Name C. Date of Delivery or on the front if space permits. i 1. Article Addressed to: D. Is delivery addr s different from item 1? ❑Yes S /reL r / If YES,enter delivery address below: ❑No rf �f - } po C)x I�- i p�rr��►ic� II I IIiIII III II I II I i II I I II II II II I II II I III 3. Service Type ❑Prioty Mail Express® ❑Regi , ❑Adult Signature Registered MajlTM ❑Adult Signature Restricted Delivery ❑Reglstered Mail Restricted 11 Certified Mail® Delivery I 9590 9402 6167 0220 7899 01 ❑Certified Mad Restricted Delivery ❑Signature Confirmaton*"" I ❑Collect on Delivery El Signature Confirmation 2. Article Number(Transfer from serv�rA Int,on n^-' elivery Restricted Delivery Restricted Delivery 7 016 13 7 0 0002 2 213 1448 500) Restricted Delivery _ over f PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I;. SENDER- COMPLETE THIS • COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,,2,E and(irk A. Signature 13 Agent -, 4,1,E ■ Print your name and address on the reverse X (,1 C) ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. (2-k 5 1. Article_Addressed to: D. Is delivery address different from item 17 ❑Yes I / � rel it>7>\S/1�� If YES,enter delivery address below: ❑No �,NV V `I THT►���Dla�uS :j �"I ���yC(-C---PA-T-14 �Y 3. Service Type ❑Prlonty Mail Express@ II IIIIII(III III I II I II II I II I II II(III III I I III ❑Adult Signature ❑Registered Mall 13R Adult Signature Restricted Delivery ❑Reggistered Mail Restricted 13 Certified Mell® Delivery ❑Certified Mall Restricted Delivery ❑Signature ConfirmationTM' 9590 9402 6167 0220 7899 32 ❑Collect on Delivery ❑Signature Confirmation 2• Article Number(Transfer from service.la6eD - ❑-Collect on Delivery Restricted Delivery Restricted Delivery 7 016 1370 0002 22131394 (Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONCOMPLETE THIS ON DELIVERY COMPLETE • 01 A. Signaturrere� �� Agent ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse X ` U ❑Addressee so that we can return the card to you. B. Received by(P led Nam C. Dat of D ivery ■ Attach this card to the back of the mailpiece, l l / 2- or or on the front if space permits. l [3 g 1. Article Addressed to: D. Is delivery add ss different from item • /O��� If YES,enter delivery address below: ❑No 2-35 M2n+j�P�-��6 1A A WO 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑ o Adult II IIIIII(III III I Ii I II II I I II I II II II II II I III III Registered Mail"' Restricted Delivery 13 Deggtryd Mall R estrict ❑Certified Me® [3 Signature Confirmation TM 9590 9402 6167 0220 7898 71 [3 Certified Mail Restricted Delivery ❑Collect on Delivery ❑Signature Confirmation n Delivery Restricted Delivery Restricted Delivery --_�__— 2213 1424 nail 7 016 1370 0 0 0 2 all Restricted Delivery (over$5001 Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 COMPLETE THIS SECTION i.)N DELIVERY SENDER* COMPLETE SECTION A Signet rn - Agent ■ Complete items 1,2,and 3. Addressee ■ Print your name and address on the reverse p•oat of D livery so that we can return the card to you. B. Receiv y—(Pri am 3�� ■ Attach this card to the back of the mailpiece, • �� ` J or on the front if space permits. l D. Is deliveryaddress different, m item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No D�L i ��, I [3priority Mail Express® 3. Service Type ❑Registered MaIlTm [3Adult signature Restricted Delivery ❑Registered Mail Restricted, III IIIIII(III(IIIIII II Ii(IIIIII(III(III I I ery II III 0 Cerrttified Mail Restricted Delivery ❑SignatureilinConfirmationT'° ❑Collect on Delivery ❑Signature Confirmation 9590 9402 6167 0220 7898 95 n on Delivery Restricted Delivery Restricted Delivery 2. Article-Number(Transfer-ffom servioa lahon _ i Mall ?016 13 7 0 0002 2 213 1431 er I Mall Restricted Delivery, _ _ oonlesiio-r•i�wi„ r PS Form 3811,July 2020 PSN 7530-02-000-9053 ONCOMPLETE THIS SECTIONON DELIVERY COMPLETE ■ Complete items 1,2,and 3. A. Signatur7E77777 ■ Print your name and address on the reverse X o Agent so that we can return the card to you. d Addressee B. Received by(Printed Name) C. ■ Attach this card to the back of the mailpiece, Dat Deli ery or on the front if space permits. 1. Article'Addressed to: D. Is delivery address different from item 1? Ye I LL A N� If YES,enter delivery address below: ❑No 1UP I"- n R©sAP-jA mcorp-p-y 9 3NAv�-� C-1 0�7 TL 3. Service Type ❑Priority Mail Express® III 111111 IIII III I II I �� Il l i 11 II II IIIII II I I 0 III El Adult Signature ❑Registered Mail E)Adult Signature Restricted Delivery ElR Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 6167 0220 7899 49 11 Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation �.__,�.. .me �r_s.,.,tee.•:�� -�-^—— -- - on Delivery Restricted Delivery Restricted Delivery Mall 7 216 1370 0002 2 213 1455 Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt i ,j it i; TOWN OF SOUTHOLD S ZONING BOARD OF APPEALS5��� SOUTHOLD,NEW YORK AFFIDAVIT f I � OF In the Matter of the Application of: POSTING Ste`' W + -5�Vew I S AACS SCTM No. 1000- 6 — l (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I,S-14W 4-STVeA I SAA-LS residing at NO00 N Abid R,D� C ,New York, being duly sworn, depose and say that: I am the (Owner or ( ) Agent for owner of the subject property On the 11''k day of , 20 7� , I personally placed the Town's Official Poster on subject property located at: 0 3 © O �ac K Zdo. Pf-(,o LAI G( 1 ( Tso indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearingdate hie aring date was show .to be 5K oL �4 (Owner/Agent Signature) Sworn to before me this Day of 0\ I G l , 20 b7CW-19N-e ( �3- fkrwn (Notary Public) fk U 45, I, f4 td SIAP F,101 (,%Ar( * near the entrance or driveway entrance of property, as the area most visible to passerby JAW t �3 �R i S3 f• Y ''•'f F 4 t fh L( a r w tt AL c y „ :s f x , r s y� rrll 4 +r NOTICE OF NEARING Y�4 � lzx The following application will be heard by the Southold Town •' • Board of Appeals VIA ZOOM WEBINAR REFER TO ZBA WEBSITE FOR AGENDA on http: Saatholdtownr►y.gov NAME: ISAACS, S. & S. w t (HARVEST INN) #7504SE SCTM #: 1000-86-4-1.4 ~y` VARIANCE: SPECIAL EXCEPTION REQUEST. FIVE(5) BEDROOM BED AND v BREAKFAST DATE; THURS. MAY 6, 2021 1:30PMj You may review the file(s) on the lOwn's website under Tower RecordsiWebiink:ZBAI Board Actions/Pending. 1 7SA Office telephone{639}765-9809 ) A� y> r BOARD MEMBERS ®F $®Uf' Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Aimex/First Floor, Robert Lehnert,Jr. �® ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamentoc®U \, Southold,NY 11971 9 http://soutlioldtownny.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.aov/anendacenter. Additionally, there will be a link to the Webinar Zoom meeting at hftp://www.southoldtownny.-Clovlcalendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 1:30 P.M. - HARVEST INN — STACEY ISAACS 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. 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/webiink/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, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. 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Or you can search by Tax Map No..(District, Block and i.ot) using the format 1000=.1T1.-1-1.- l4sltr Cki 1Veb1§rik X. ^-Hdme.-�Sivtse_ Seaii;li -�- .Tom x,�onM.g9oiv'aoPApjSeaffiflBWsMNI>te�fnes ✓)t�t¢/�ringY-.�_' - � - � - -_ :- --_ ='"a��'• - r Minutes/Agendas/Legal 1 - per I Notices/Hearings i„!-0;1957-1979 I"a:.” '���_•�•—""•.� fM 2000.2009 - - - t Path TorwK)fSo AhokhZONn9 0..d ft 2010 _ ofAppeais f:�,l Ra2011 j tZBA)lpamufrs/ggendas/LRgai % 1 -1 mazxe vieadngs ' 2012 i Creation dB[e PR 2013 ` 7/I WMM 257AO PM _Pj2074 -- ---- -- - - - - - - -- -- - - - - - -- - - ' modlfled �:i X7015 --- -------- ---- tast 12/I61201621S1a PM Rt 2016_ M 2017 No metadata assigned i `ti Page tofi •J..`"',F�� ,_.=-+R.,{=.___-��.,_ -- _ G• ,;'^ _ ,T1 Bt0 - - - _ ms.�.*ha§imue?°Z.V�+auxw,em+eiibiz[li'ffiiris�Ws�r.*1lm�am..a. - r Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. a r � � Laserfiche Instructions ZBA Files Page 5 A4i', ai�; �:���h.'.<� .'G'�j(,(M-L:• / {Y��X��M ��fYi. ..W41t���R,l?Y„4��lzavVS� ^'���� ��� T„'*�G_u2 22"3 y+5,...;'E f� !4�%4 '�_ __a. ,e. t „ar -.,,i.i: - }...-_ - a.E•� ;,_ :.:-r.. cam= ..r._�Ry`arcldi�f�''��2;e7#:i:.. �ta�.,a7r•€?-': �.5d•i.'•,�:ti:+: ,':' ^;,;':�.. : v+.Se•�;a Fz"�F ' ',t �,:'4 .,:•;e,:=• :<^�-' r4;�=:yr•r%at:r. •:-Y',�-t- :i.`_ ..�a�' c+'�_r i:r: ��zE xs:e'�p �:1::�, ••f_ J_�xr�"� Nam® _ mina m 2C"7 Agenda _ .. . ..... ...... ..._4..........._._...........__...._.._....__...._.......___. ..,..__-..._ Path .®ZBkDVO5sm17 Hear6g 40 '- TTOwnOlSoutltWdlZetdng8Oard § -'�ZBN-01/O"df2O17•._.. _____—_ .... 3 _.•.._...... ._, - .,.__.. ,._ dAppeWS Oz � .$( f , • _ � ® a. No�7 , �; ({4 2BA•O1p4t'2O17Agenda- ._2_ ._... ._ _-__ •...... _;_....W..,..... , •: �anbr�ncZ:�sfawA � Q �-- --- -- - � 7 ' 29A-C2/OT/2O17 W19,7PM }C Z8Al2Of7Hea�Mg - : - - - siY 3 ' '. •r� [�Z�7/1612O17Aberda -..__ 3 Nomemcma�igied r -� - - -._ - - - - r ®ffiMO7/11512M75pe[lal -. 3 1' MkO1 r2M7 V- Z • �}1 _ _ ,; '' ”'j_ Z6ro9r+6rzm>Agar� _ _ 8 _ __ _ _. `3'_ __ ,_ _.._, ._. .. ......._._................. ZBkOOlO62M7 ��F .,[�7.BA-p(/DBIMf7Heering 43 Aliov� =Ago lid Mirnutesand Transcripts are in chronological'order. Revised 6/15/-2020' Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 C:)' Southold,New York 11971 0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS �((�� 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. :e'low R 'leas see in tr c='o ' a #e�id'9 eco -e ce {$ :a" n i � n �`e: p ' e r a '�, : ,� Y" e'- �'� } 'p..�,,, " ry "�. '.� s t' cF.1-i� j� �'yn » + 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. Instructions for ZBA Public Heb?:,.'fig Page 2 Please send by ltxfed '_ il; urneie'p 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@southoldtowymy.g_ov.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/weblink/Browse.asl2x?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/1022250/Pa eg l.aspx. h i r i -'s u • -f Fns, e'�7,^h�.,"�'ys s ,yy.,;�;^u,,• .�.�.-�_'�a,�, '�, `x2;, n. .�+ x .,.;,.�"'^_ �'. -,5,�^`� *'+�' '� 'Yd.�o-',�•_`v�w �� ;�"�..-.;kr:�. �r..-.�+`•�. i�'�P-�„ �3 +�`i ?'` 9n€��F"" Pa.��e��,.'r"1� •i"' � & .s$ � �, ,.�.�,.�' �._Y` '•,_��`.c '` '`` -i L�� -'�r �%''ti;� s� `�t�M���`est 4 =.cia s `atr � . r r; rg 3ca r }z <, a N e 5.." plr to 4...' ; `, .- ,. � f�aato iov : aont .v r _,;�'�.$.i' �- '3.� . �A fMol, 'rxo1 �5 K< `. slim "wisn", l �:o.�¢a",c�'�", :t� Please note that without your mailing receipts, the ZBA will he 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 i4u' Tlk'. E uF HEA' RI140' The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA `- 'EBSITE FOR AGENDA on htfiomm southoldtownny. qov NAME : ISAACS7 S . & S . ( HARVEST INN ) #7504SE SCTnn #: 1000-86-4- 1 . 4 JARIANCE : SPECIAL EXCEPTION REQUEST: FIVE (5) BEDROOM BED AND BREAKFAST DATE : THURS . MAY 69 2021 1 :30PM You may review the file(s) on the town 's website under Town Pecords/Weblink: ZBA/ Board Actions/ Pending . . BA Office telephone (631 ) 765-1809 1 BOARD MEMBERS OF S (/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 . h0 l0 Southold,NY 11971-0959 Patricia Acamporai[ Office Location: Eric Dantes cn ,c Town Annex/First Floor, Robert Lehnert,Jr. ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento '100uSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 TO: SOUTHOLD TOWN BUILDING DEPARTMENT/FIRE MARSHALL FROM: OFFICE OF THE ZONING BOARD OF APPEALS RE: REQUEST FOR REVIEW: Special Exception Application ZBA Application No.:#7504SE Isaacs, Stacey& Steven (Harvest Inn B&B) Date sent to James Easton (Fire Marshall): April 7, 2021 The Office of the Wining Board of Appeals is forwardirrg-the-above-referenced-application-to-determine-if additional review or approval is required, to be returned to this office. Our office has reviewed the following documents provided in the above referenced application: This is for a Special Exception from the Zoning Board of Appeals for a five (5) bedroom Bed and Breakfast. They will be put on the May 6, 2021 Pubic Hearing Agenda. 05/2014 BOARD MEMBERS ��QF So Southold Town Hall Leslie Kanes Weisman,Chairperson Vr53095 Main Road•P.O.Box 1179 � � y! O Southold,NY 11971-09.9 Patricia Acamporac Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. '�c0 �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNTY Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631) 765-9064 A P R ` 7 2021 TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF PERMITTED.BEDROOM SPACES/LIVING AREAS TO ESTABLISH Special Exception Application for a bed and breakfast. ZBA Application No.:#7504SE Isaacs, Stacey &Steven (Harvest Inn B&B) Date sent to Building April 7, 2021 In compliance with requirements of Chapter 280 of the Town Code of Southold, Zoning Board of Appeals is forwarding the above referenced"application for verification that all designated bedrooms and living areas are permitted. Please return verification 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: Based upon the information submitted to this office: Rooms labeled to be used by accessory Bed & Breakfast occupancy are permitted. Rooms labeled to be used by the Owner are permitted. COMMENTS: Signature of reviewer Date: Survey/Site Plan: Thomas Matarazzo Land Surveyor, dated January 31, 2021 Floor Plan:Donald G. Fielder,Architect dated December 14, 2000 sy; e BOARD MEMBERS ®� So(/l Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �® l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �® • �O 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD l �� April 7, 2021 Tel.(631)765-1809•Fax(631)765-9064 l 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 #: 7504SE Owner/Applicant: Isaacs, Stacey & Steven (Harvest Inn B&B) Action Requested: Five (5) Bedroom Bed and Breakfast Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town 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 ZBA Chairperson By: Encls. Survey/Site Plan: Thomas Matarazzo Land Surveyor, dated January 31, 2021 Westermann, Donna From: Easton,James Sent: Wednesday,April 07, 2021 1:21 PM To: Westermann, Donna Cc: Sakarellos, Elizabeth t� Subject: #7504SE Application Review Attachments: 210407_HarvestlnnB&B_Memo to ZBA.pdf Please see the attached review of ZBA Application# 7504SE. _ Regards, James Easton Fire Marshal,Town of Southold fat't JamesE cr southoldtownny. ov (W)631-765-1802 yvt PRIVELEGED AND CONFIDENTIAL COMMUNICATION CONFIDENTIALITYNOTICE: This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by privilege. If you are not the intended recipient,you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. Ifyou have received this transmission in error,please note the sender immediately by e-mail and delete the original message. 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O���F $�VlyOl 53095 Main Road •P.O.Box 1179 p Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoDUff Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD May 25, 2021 Tel.(631) 765-1809•Fax (631)765-9064 Stacey and Steven Isaacs 40300 Main Road Peconic,NY 11935 Re: ZBA Appeal No. 7504SE Special Exception—Bed & Breakfast Isaacs (Harvest Inn), 4300 Main Road, Peconic SCTM No. 1000-86-4-1.4 Dear Applicants; Enclosed, please find a copy of the Zoning Board of Appeals determination rendered at the Board's May 20, 2021 meeting, granting amended relief for a Special Exception Permit to operate a five (5) bedroom Bed and Breakfast, pursuant to Article III, Section 280-13B(14) of the Southold Town Code. Before the Bed and Breakfast is occupied by guests, the applicant must meet the conditions as indicated in the determination, and obtain the final Certificate of Compliance for Bed and Breakfast occupancy from the Building Department. Please also be advised that this Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility' to contact the Building Department to schedule the required inspection. 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. Please also note that this Special Exception Permit cannot be transferred to new owners If you have any questions, please feel free to call the office. Sincerel Kim E. Fuentes Board Assistant Encl. cc: Building Department Revisions 06-11-96 i 06-09-97 SEE SEC. SEE SECSEE ' NO.074 W-03-98 NO.075 @ '� SEE SEC.NO.075 11-23-98 N321,A82 MATCH LINE MATCH LINE g' MAT 06-17-99 08-06-99 2- g'?9P °•• PECONIC LAND TRUST 12-06-99 42 ; £ o 03-27-01 o QQ„ 41 1012 05-10-01 p EyrscA, ,6!•P\b\ ��•'�. 29 OA ,n -m• 07-10-01 z ao .Bc Q ,j o g f;• 11-19-01 03-04-03 TOWN OP SOUTHOLD e N x 1.4 1 .g 2.2A(c 6, rn .6 AP �' 6 + wren STATES o - ) 08-18-04 W •l^ a J' A DEVELOPMENT RIGHTS) •� 04-28-05 10-12-05 06.04-0704,30-09 e 1 08.16-10 ry0 V5 , n (RESERVED AREA-D-) ' 16.13 v`•� 11-1570 �a -. 1.5A 08-24-11 P� 'a m 4.27 op,_ .o. 03-09-15 �fp w_ '� T. a6 �sI g 3.9A 10.14 12-31-15 Id __.1m - 1.8A •.d 05-05-1612, 10.10 07-02-19 .' � '• a� 07-19-19 / TI2i R a a0 $ a 2.1A(C) / $•`Ms 03-09-20 I I ��� a7. -.. _ a �-j 03-16-20 9.3 / 10.8 •; 04-29-20 JJJ*}' ,$,*t A° srHO a .ry '� 's 37.3A b 2.OAlc1 BVI )TOWN OF SOUTHOLD A.9 �,`, DEVELOPMENT RIGHTS) g I,1VRECHARO�E \\ A,0 \•�1,. \�./ 106 i A.'llml• ey)j mAg1 s, .+/ rf Va 2c $ZQ;• � v �•a av, 0 �� mI s\$� s• 1P yap \tel A2\rye%A�, `L' \6 4.25\%" so •`7 \ �4 7 2.4A 131 �• �L I,TI A$ �i 'mA� 1 4.26 {•��L /� A "Al T\,v/ '1 ASA , . 2. / 4 9.4 \ '� ; 'i{ 2.9A 14.1 (50 ,o $ • a ,.� �(C) 1.'2.7 ) �oµcl ► ? 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