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HomeMy WebLinkAbout5307 ELIZABETH A. NEVILLE TOWN CLERK . REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk February 13, 2003 Zoning Appeal No. 5307 This office is in receipt of Zoning Appeal NO. 5307 of MainTree Corporation for a Special Exception. Also received was copy of transmittal letter form Richard F. Lark dated 1/27/03 and ZBA Questionnaire. APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD /,.,5,5_1a,~7 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 3, 2003 APR 1 4 2003 /.z~'// ~ ~ . o /7 ~ ///7 Appl. No. 5307- MAINTREE CORPORATION Location: 25500 Main Road, Orient; Parcel 18-6-10. ." $oolhold ]'own Cl'erl[ - REQUEST MADE BY APPLICANT: This is a request for a Special Exception under Article III, 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9). The applicant-owner requests an Accessory Bed and Breakfast, accessory and incidental to the owner's occupancy in the existing dwelling structure, with up to five (5) guest rooms for lodging and serving of breakfast to not more than ten (10) casual, transient roomers. The applicant has submitted a parking plan for up to 13 parking spaces dated 5/30/02. PROPERTY DESCRIPTION: This property contains approximately 43,500 sq. ft. of land area with 211.49 ft. frontage along the south side of the Main Road (a/k/a State Route 25) in Orient. The property is improved with a three-story principal building, occupied by the applicant-owner. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: This Bed and Breakfast application is a cardinal example of the proper use of an older, stately three-story home that was converted to a rest home for many years. This request is unique because of the condition and size of the adult home. An inspection of the premises indicated the following: large first floor area including a living room/parlor, dining room, one bedroom at the rear of the kitchen, and den at the rear of the living room. There is a second floor with five (5) large bedrooms to be used by guests for sleeping purposes, two alternate rooms used for storage, and an old elevator. There is a third floor with a small apartment probably used by the prior owners on a seasonal basis. 1. The use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. This proposed Bed and Breakfast Accessory Use is incidental to the applicant-owner's residence in the building. ' Page 2 -April 3, 2003 Appl. No. 5307 - Maintree Corporation 18-6-10 at Orient 2. The owner's Bed and Breakfast accessory use, as requested, will not prevent the orderly and reasonable use of adjacent properties, or properties in adjacent use districts, or of permitted or legally established uses in this zone district or adjacent use districts. 3. The safety, health, welfare, comfort, convenience, order of the town would not be adversely affected by the proposed Bed and Breakfast accessory use and its location. 4. The structure will be readily accessible for fire and police protection. 5. The proposed use will be in harmony with, and promote, the general purpose and intent of the zoning code (Chapter 100) and will be compatible with its surroundings and with the character of the neighborhood and of the community in general. 6. The Special Exception is for approval of an accessory use (Bed and Breakfast in an existing home) and will not prevent the orderly and reasonable use of this property or adjacent properties. 7. No evidence has been submitted to suggest that this accessory use will have an adverse impact on physical or environmental conditions in the neighborhood. This accessory use is an authorized zoning use subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for compliance with safety, health and other pertinent regulations. 8. No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Member Goehringer, seconded by Member Oliva, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use, as applied for, with the condition of law pertaining to this type of use, as follows: That at all times and in all types of weather, guest parking will be provided as shown on the parking plan dated 5/30/02. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). 7ty/dia A.x'r'cYt~(~r-a-, Chairwoman // /~'3 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 20, 2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter I00 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, February 20, 2003, at the times noted below (or as soon thereafter as possible): 2:10 p.m. Appl. No. 5307 - MAINTREE CORPORATION. This is an Application requesting a Special Exception under Section 100-3lB for an Accessory Bed and Breakfast in the owner's dwelling for renting of up to five (5) guest rooms, and up to ten (10) guests, with breakfast. Location of Property: 2500 Main Road, Orient; Parcel 1000-18-6-10. 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 heating will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 3, 2003. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809). APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TO: FROM: DATE: RE: Bob Fisher, Fire Inspector Lydia Tortora, Chairwoman Board of Appea~// July 10, 2003 Bed-and-Breakfast eligibility MEMO In your July 8, 2003 memo, you asked how a corporation such as the Orient Inn was deemed eligible for the Special Exception granted by the Board of Appeals earlier this year. You reference the fact that the state code requires B & B's to be owner occupied. The board bases its determination upon the Town Code requirements set forth in 100-31(14) and 100-13 'Bed and Breakfast', which among other things, requires the dwelling to be owner-occupied. To my knowledge, there is nothing in the Town Code that prohibits a corporation, company, trust, partnership, estate or other type of entity from operating a Bed-and-Breakfast. In fact, a number of the existing local Bed-and- Breakfasts are operating under business names, companies and partnerships for tax purposes, liability, and many other reasons. It is not unusual. In the case of the Orient Inn, the applicants satisfied the code's owner-occupied requirement since Karen Vos lives in the house and is a 50% owner. I hope the above answers your questions. If you have any further questions, perhaps the Town Attorney can assist you. CC: Greg Yakaboski, Town Attorney TO: Lydia Tortora From: Bob Fisher, Fire Date: July, 8, 2003 Re: Appl. NO. 5307 Inspector State Code requires a B&B be owner occupied. How does a corporation become eligible for a special exception for a B&B. Please let me know for my records. ector / JUL 8 2003 Orientlnn-03-07-08Memo APPEALS ]BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 3, 2003 ,~PR ] 4 2003 Appl. No. 5307 - MAINTREE CORPORATION -,, ,, ,uVk:out'-o"J Tow-z/-:-~.mrK ---'" Location: 25500 Main Road, Orient; Parcel 18-6-10. REQUEST MADE BY APPLICANT: This is a request for a Special Exception under Article III, 100-31B, sub-sections 14a-d of the Southold Town Zoning Code (amended 2-7-9). The applicant-owner requests an Accessory Bed and Breakfast, accessory and incidental to the owner's occupancy in the existing dwelling structure, with up to five (5) guest rooms for lodging and serving of breakfast to not more than ten (10) casual, transient roomers. The applicant has submitted a parking plan for up to 13 parking spaces dated 5/30/02. PROPERTY DESCRIPTION: This property contains approximately 43,500 sq. ft. of land area with 211.49 ft. frontage along the south side of the Main Road (a/k/a State Route 25) in Orient. The property is improved with a three-story principal building, occupied by the applicant-owner. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: This Bed and Breakfast application is a cardinal example of the proper use of an older, stately three-story home that was converted to a rest home for many years. This request is unique because of the condition and size of the adult home. An inspection of the premises indicated the following: large first floor area including a living room/parlor, dining room, one bedroom at the rear of the kitchen, and den at the rear of the living room. There is a second floor with five (5) large bedrooms to be used by guests for sleeping purposes, two alternate rooms used for storage, and an old elevator. There is a third floor with a small apartment probably used by the prior owners on a seasonal basis. 1. The use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. This proposed Bed and Breakfast Accessory Use is incidental to the applicant-owner's residence in the building. · Page 2 - April 3, 2003 Appl. No. 5307 - Maintree Corporation 18-6-10 at Orient 2. The owner's Bed and Breakfast accessory use, as requested, will not prevent the orderly and reasonable use of adjacent properties, or properties in adjacent use districts, or of permitted or legally established uses in this zone district or adjacent use districts. 3. The safety, health, welfare, comfort, convenience, order of the town would not be adversely affected by the proposed Bed and Breakfast accessory use and its location. 4. The structure will be readily accessible for fire and police protection. 5. The proposed use will be in harmony with, and promote, the general purpose and intent of the zoning code (Chapter 100) and will be compatible with its surroundings and with the character of the neighborhood and of the community in general. 6. The Special Exception is for approval of an accessory use (Bed and Breakfast in an existing home) and will not prevent the orderly and reasonable use of this property or adjacent properties. 7. No evidence has been submitted to suggest that this accessory use will have an adverse impact on physical or environmental conditions in the neighborhood. This accessory use is an authorized zoning use subject to a Special Exception review and approval by the Board of Appeals and a Certificate for Occupancy from the Building Inspector for compliance with safety, health and other pertinent regulations. 8. No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Member Goehringer, seconded by Member Oliva, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use, as applied for, with the condition of law pertaining to this type of use, as follows: That at all times and in all types of weather, guest parking will be provided as shown on the parking plan dated 5/30/02. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehrlnger, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly ~/dia A.'¥~6~a~, -Chairw(~m~n /// /~3 OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Existing Application No._.5.~-~' Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Maintree Corporation (we), Orient, New York 11957 (Hamlet, State, of 25500 Main Road ('Residence, House No. and Street) (631) 323-2300 Zip code, Telephone Numbe~} hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTION B(14) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): For a bed-and-breakfast with five (5) guest rooms on second floor to be used for lodging for overnight guests. On the first floor there is a large dining room where guests will be served breakfast, and there are a foyer, parlour and den for use of guests. The first floor also contains the owner's bedroom and kitchen facilities. The present building meets the criteria of the Zoning Ordinance for a bed-and-breakfast. See attached sketch of floor layout, parking plan and survey. A. Statement of Ownership and Interest. Maintree Corporation is(~e) the owner(~) of property known and referred to as ~5500 Main Road, Orient, New York 11957 (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District ]000, Section 18 , Block 6 Lot(m) 10 , which is not 6~s) on a subdivision Map (FF~e~ -- ' "Mai>-+~ "~$1ed,,~u-~ No. ' ~-~+~~vc~-~t~-tua~-f~et-N~l~-T~-~l ann i n§~,~ --~ o,, ' as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on April 23, 2001 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The building and property have been used for over 40 years as a tourist home, adult rest home, without any problems. This has been an asset for the community and will continue to be an asset and will not interfere with the reasonable use of the surround- ing pr6perties of the neighborhood. The property which is the subject of this application is zoned C. R-80 and [ ] J.~ cQn~i$%ent with the use(s) described in the Certificate of Occupancy being furnished herewith. [x] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): Current Certificate of Occupancy is Multiple Residence (Adult Home). Need to change for present to Bed and Breakfast. [ ] is vacant land. COUNTY OF SUFFOLK) (~nature) Joan Turturro, President Sworn to before me this 27th day of January ,-1-~200~ Maintree Corporation ZB2 (rev. 2/6/86) ...... ,,,,..,r ea1~.ea Oct al, ~0 ~:~ · -_::..~-,,~: TOWF OF SOUTHOLD PROPERTY RECORD CARD ~f ~'~ MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS~.: :, , -~ . ,.~ . :' . .: · . ,/ . -- Ag~. . ~UILDING CONplTION '// / Value Per VaJue '/" - ' ' - ' ? "" -~ x F Acre ~', ~ . -- , Z., : ..... :'., ;:~j: . Tillable I I ' ' ' '" ' ''x Tillable 2 ~dland ~wampland F~NTAGE ON WATER ~rushland FRONTAGE ON ROAD ,~ //,, ~ 0 ' ': 1ouse Plot DEPTH ~ ~ BULKH~D 'oral DOCK OLOR RIM M. Bldg. 'l Extension Extension Extension Porrh Porch Breezeway Garage Patio Total 18-6-10 02/02 r~ Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Bath './ Dinette Floors K. interior Finish Heat LR. ,.~z' ? J DR. Rooms 1st Floor ,.~ BR. Rooms 2nd Floo~ FIN. B. APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 15, 2003 Richard F. Lark, Esq. Lark & Folts 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 5307 - Maintree Corporation (B & B) Dear Mr. Lark: Enclosed please find a copy of the determination issued by the Board of Appeals in the above Special Exception application. Before commencing construction activities or allowing occupancy by B & B guests, other approvals may be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review/application process. An extra copy of this determination should be made available to the Building Department at the time of submitting your application for a certificate of compliance, C.O., or any other required documentation for the next step in this zoning review process. Thank you. Very truly yours, Enclosure Copy of Decision to: Building Department Linda Kowalski RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 7346507 Fax No. (631) 734-5651 March 20, 2003 Mrs. Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Maintree Corporation Appeal No. 5307 Dear Mrs. Kowalski: Pursuant to my secretary's I am enclosing an affidavit RFL/bd Enclosure telephone conversation with you, of Karen Vos. Very truly yours, Richard F. hark STATE OF MASSACHUSETTS: SS. COUNTY OF MIDDLESEX KAREN VOS, being duly swom, deposes and says: I have relocated my residence from 10 Pillion Court, Newton, Massachusetts, 02460 to 2550 Main Road, Orient, New York 11957. I am now registered to vote in the County of Suffolk, State of New York. My Residence (registration) address with the Board of Elections is Oysterponds Manor, 25500 Main Road, Orient, NY 11957-1106. I am in the process of obtaining my New York State Driver's License. The premises at 25500 Main Road, Orient, New York 11957 is my primary residence. I intend to file my 2003 income tax returns using this address. Karen S. Vos Swom to before me this 19th day of March 2003 RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 J qN 2 ?mj January 27, 2003 Ms. Lydia A. Tortora Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Maintree Corporation Appeal No. 5193j Dear Ms. Tortora: There is presently pending before the Board of Appeals, an application to change the classification of non-conforming use for an adult rest home to a country inn. The applicant wishes to amend and modify this application to that of a Special Exception for a bed and breakfast pursuant to §100-31 B. (14) of the Southold Town Code. The premises are zoned R-80 and, if granted by the Zoning Board of Appeals, will be a conforming use in this district. Accordingly, I am enclosing the following: 1. Application for Special Exception. 2. Applicant Transactional Disclosure Form. 3. Questionnaire for Bed and Breakfast. 4. ZBA Questionnaire. 5. Deed dated April 23, 2001. 6. Certificates of Occupancy. 7. Survey dated April 17, 2001. 8. Layouts for ground floor, 2nd floor and parking plan. If there is any other information you need, kindly let me know. RFL/bd Enclosures Very truly yours, APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando DEPARTMENTAL MEMO BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.nor thfork.net TO: FROM: DATE: SUBJECT: Town Clerk..~,~zabeth A. Neville ZBA Office(' l~ February 7,"2003 Assignment of New Application - MainTree Corporation (5307, 5193) We enclose a new Application for a Special Exception, as an amendment pursuant to the Board's request. Assignment of File Number 5307 is requested_in order that new reviews may be commenced. We have been advised by Chairwoman Tortora that an additional fee is not necessary because it replaces File #5193, which file is now marked null and void due to the new submission. Thank you. Encls. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk February 13, 2003 Zoning Appeal No. 5307 This office is in receipt of Zoning Appeal NO. 5307 of MainTree Corporation for a Special Exception. Also received was copy of transmittal letter from Richard F. Lark dated 1/27/03 and ZBA Questionnaire. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/13/03 Transaction(s): 1 Application Fees Receipt~: 0 Subtotal $o.oo Cash Total Paid: $0.00 Name: Maintree, Corp.(Oysterponds Manor) 25500 Main Rd. Orient, NY 11957 Clerk ID: LINDAC Internal ID: 70663 APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Ho~ Ruth D./Oliva ~ Vincent ~ ~X~x~~ DEPARTMENTAL MEMO BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TO: FROM: DATE: SUBJECT: Town Clerk Elizabeth A. Neville ZBA Office February 7, 2003 Assignment of New Application - MainTree Corporation (5307, 5193) We enclose a new Application for a Special Exception, as an amendment pursuant to the Board's request. Assignment of File Number 5307 is requested in order that new reviews may be commenced. We have been advised by Chairwoman Tortora that an additional fee is not necessary because it replaces File #5193, which file is now marked null and void due to the new submission. Thank you. Encls. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a-financial interest in the subject premises and a description of their interests: (Separate sheet maybe attached.} Joan Turturro Twenty-five percent (25%} Howard Leshaw Twenty-five percent ~25%) Karen Vos Fifty percent (50%} B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { x } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { .} Yes {x} No De 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") Fi Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel approved for adult home and proposed use Bed and Breakfast Au~o~ri~ed Signature and Date Joan Turturro, President 3/87, 10/901k 1/27/03 APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Serge Doyen, Ir. James Dinizio. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Soul, old Town Hall 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 QUESTIONNAIRE Accessory Apartment or Bed and Breakfast with Owner-Occupancy Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: Joan Turturro, President, Maintree Corporation - twenty-five percent (25%) shareholder · Howard Leshaw, Maintree Corporation - twenty-five percent (25%) shareholder Karen Vos, Matntree Corporation - fifty percent (50%) shareholder Name of the Applicant(s) and his/her Residence: Joan Turturro, 1010 Village Lane, Orient, New York 11957 Howard Leshaw, 1010 Village Lane, Orient, New York 11957 Karen Vos, 25500 Main Road, Orient, New York 11957 & 10 Pillion Court, Newton, MA 02460 Names of Current Residents/Occupants of the Subject Premises: Karen Vos, current part-time resident, soon to be primary resident Curren~ Occupants are: (please check one or more boxes) { } Tenants with Written Lease { } Tenants without Written Lease (x } Current Owner {. } Contract Vendees {x } Proposed Occupants/Residents under the Subject Application { } Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners, are. not contract vendees, are not proposed Occupants/Residents under the Subject Application,' and/or have a different residence. Is the subject premises listed on the real sale or being shown to prospective buyers? { x} No~/~ ~/. 1/27/o3 Maintree Corporation estate market for {'} Yes 16 Soug~ $~e*+ BUILDING DEPARTMENT So~kdd. Iq. Y. TOWN OF SOUTHOLD SUFFOLK COUNTY. N. Y. CERTIFICATE OF OCCUPANCY ~'OYSTER POND5 REST HOHE" THIS CERTIFIES fhet the buildMg Ioca~d at 30~fiCI (g/RI Hath gn=A Street, the efmese~d bui~ing. NOel Approved by Bd-Appeals as NeC°use NO. & TOWN OF SOUTHOLD BUILDING' DEPARTMENT Town Clerk's Office Southold, N. Y- Certificate Of Occupancy Date ............. ~a¥.... 1(~ .... , 19.']1 · No./.t~236 ...... THIS CERTIFIES that the building located at .. ~/... l~a.f,~3, l~e.~4 Street Map No.. ~ ........ Block No. ~ ..... ~t No...~ ... 6=~en~ .~-3 ....... codor~ subst~tia~y to the Application for Buil~g Pemit heretofore filed in t~ office dat~ .......... F,~.rch' - · .1219. ?-1. p~sU~t to which B~lding Pemit No.. dat~ ............ ~.,_~F....$5 , 1974, was issued, ~d confoms to ~ of the r~re- ments o[ ~e applicable prov~ions of the law. The occup~cy for which ~is certificate is i~u~ ~ . ~,C ,. l,;u[t.~.p~e · ~ s ~denc e. · · (..;,d u~t .~io~ ) ......................... ~e cert.[cate ~ ~sued to . Jo~. ~dde~ .6 · ~ob~. ~..G~dys- ~i~a~ ..... ~ners ~ (owner, lessee or ten~t) of the Mores~d b~lding. s~olk cowry Dep~tment of Health Approval . ~..i~ ............................... Eouse ~ 2~ ,/ "~' ~ .......... TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN tLtLL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES No. Zl1669 5/16/83 THIS IS TO CERTIFY that the /_____! Laud /X/ Building(s) /--/ Use(s) located at 25500 Main Road Orient, N.Y. Street Hamlet shown on County tax map as District 1000, Section 018 , Block 06 Lot 010 , does~ot)conform to the present Building Zone Code of the Town of Southold for the f~lowing reasons: use as an adult rest home was permitted under Board of Appeals, #990, 11/3/66. It is permitted un~er present zonin~ Chapter 100, Art. III, Sec. 100-30 B (4) however, sub-section (a) of this section requires that building setback be t00' from street line & 50' from any line. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /Z/Land /Z/Building(s) /Z/Use(s) existed on the effective date the present Building Zone Code of tile Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's' Office, the occupancy and use for which this Certifi- cate is issued is as follows: an adult rest home. The Certificate is issued to of the aforesaid building. GLADYS ZIMMERMANN (surviving tenant by (owner, lessee or tenant) the entirety) Suffolk County Department of Health Approval no record UNDERV, ZRITEt%S CERTIFICATE NO. no record NOTICE IS HEREBY GIVEN that th~ owner of the above premises I-LiS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, ahd is not intended to certify that the premises comply with all other applicable codes and regula- ~uhdn,~ Lnspe ctor FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No .... .Z.1.3. l .1 p ....... Date ...... .~.a.n.,..~ .................... 19 ~5. THIS CERTIFIES that the building A.d.d..~ .~.~.q n...&..K. ~ .~.c.h.e..n..a.~. ~. e..e .a.~. ~. ? p .............. Location of Property 25500 Main Road (30r.3.09) ....... Orient House No. Street Hem/et County Tax Map No. I000 Section ...1.8. ....... Block ...6 ............ Lot ...... 1. .0 ......... Subdivision ............................... Filed Map No ......... Lot No' .............. conforms substantially to the Application for Building Permit heretofore fried in this office dated ...... .M.a.y.. 3. .......... 19~.4.. pursuant to which Building Permit No..1.3.1.0.5..Z .............. dated ...... .M.a y.. 7. ................ 19~.4.., was issued, and conforms to all of the requirements of the applicable provisions of tile law. The occupancy for which this certificate is issued is ......... an addition & kitchen alteration. . ........... The certificate is issued to.......,......,...Curtis A. & Nancy......,...E ...,....N°rklun...,..Oysterp-°nds..,....,.....Ad.ul.t.. . Home) of the aforesaid building. S ffolkC ntyD ntofHealthApp I N/A. u ou epartme rove .......................................... UNDERWRITERS CERTIFICATE NO ........................ J;.l~ 6. ?.2.6.6. 9 ................ PLUMBERS CERTIFICATION 12/11/8~ Building Inspector Rev, 1/81 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 4 TRANSFER TAX NUMBER: 00-36522 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 018.00 06.00 EXAMINED AND CHARGED AS FOLLOWS $396,000.00 Received the Following Fees For Page/Filing $12.00 COE $5.00 EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Comm. Pres $4,920.00 TRANSFER TAX NUMBER: 00-36522 THIS PAGE IS ~ove Instrument Exempt NO Handling NO EA-CT¥ NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE iNSTRUMENT Edward P.Romaine County Clerk, Suffolk County os/o3/2oo1 04:10:00 PM D00012116 696 Lot: 010.000 Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $1,584.00 NO $6,576.00 dmnber of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument 4 Page / Filing Fee Ilandling TP-584 Notation EA-$2 I? (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Deed / Mortgage Tax Stamp FEES RECORDED 2001 Hag 03 04:10:00 PH Eduard P. Romaine CLERK OF SUFFOLK COUNTY L D00012116 P 696 DT# 0~-~6522 Recordiug / Filing Stamps Amt. SubTotal ~7'"-' 500 -- Sub Total ~-~"-'" -- GRAND TOTAL Real Property Tax Service Agency Verification Dist. I Section I Block I Lot ii Satisfactions/Discharges/Releases List Property Owners Mailing Addres,, RECORD & RETURN TO: I. Basic Tax 2. Additional Tax Sub Total Spcc./Assit. 0r Spec./Add. TOT. MTG, TAX Dual Town__ Dual Couoty. Ileld for Apportionment. Transfer Tax Mansion Tax The property covered by this nmrtgage is or will be improved by a one or two ramily dwelling only. YES or NO IfNO, see appropriate tax ciause oa page # of this instrument. I ~ Preservation Fund Community Consideration Amount CPF Tax Due hnproved ~ Vacant Land TD ~.~ TD I~ I Title Company Information C0. Name._=.~oo.~ ~ Title # ~ ~ Suffolk County Recording & Endorsement Page 'this page fonm part of the attached ~ (SPECIFY TYPE OF INSTRUMENF ) The premises herein is situated in SUFFOLK COUNFY, NEW YOlk2 In the Township of ~'-~3~C~ In the VILLAGE or HAMLET of TO I made by: BOXES 5 'IllEU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY HIIOR TO RECORDING OR FILING, {OVER) THIS DEED made on April 23, 2001, by and between Kathy G. Bergmann, Esq., 381 Montauk Highway, Box 904, Remsenberg, NY 11960, Referee duly appointed in the action hereinafter mentioned, Grantor; and Maintree C_o?oration, 49 King Street, New York, NY l 0.0.14,_Grantee; WITNESSETH, that the Grantor, the Referee appointed in an action between Bridgehampton National Bank, Plaintiff, and Janet Yaron dgo/a Oysterponds Manor, Defendants, foreclosing a mortgage recorded on December 12, 1986 in the County of Suffolk, in Liber/Reel 12292 of mortgages, at Page 147, in pursuance ora Judgment entered at a Special Term of the Supreme Court of the State of New York, County of Suffolk on January 16, 2001; and in consideration of THREE IlUNDRED NINETY SIX THOUSAND AND 00/100 ($~96~000.00) DOLLARS paid by the Grantee, being the highest sum bid at the same under said Judgment, does hereby grant and convey unto the Grantee: SEE SCHEDULE "A" ATTACHED HEREWITH AND MADE A PART HEREOF Said premises being known as and by street address: 25-500 Main Road, Orient, NY 11957-1106 Being the same premises described in the deed to the parties of the first part herein by deed dated 3/15/96, recorded 4/11/96, in Liber 11769, at Page 433. The within described Real Property is not encumbered by a Credit-Line Mortgage. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, Maintree Corporation, and assigns forever. IN WITNESS WHEREOF, grantor has hereunto set his (her) hand and seal the date first above written. State of New York) County of Suffolk) Kathy ~VBergma((n', Esq., as referee On the 23rd day of April of year 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared Kathy G. Bergmann, 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 executed the same in his/her capacity(les), and that by his/her signature(s) on this instrument, the individual(s), or the person upon behalf of which the ~NO~RY PUBLIC S-5826 DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Main Road distant 185.72 feet easterly from a point therein where it is intersected by the easterly side bf land now or formerly of William Y. Terry; RUNN[~LG-T~ENCE north 66 degrees 18' 30" east along the southerly side of Main Roadq08.78 fe~t; RUNNING_THENCE north 65 degrees 00' 00" east still along the southerly side of Main Road 162.62 fe'e'~t to land now or formerly of Miller; RUNNING THENCE south 2.5 degrees 23' 00" east along land now or formerly of Demarast 228.80 feet to other land now or formerly of Demarest; RUNNING THENCE along said land the following four courses and distances: 1) South 55 degrees 43' 00" west 94.92 feet; 2) North 23 degrees 05' 30" west 65.20 feet; 3) South 66 .degrees 54' 30" west 89.73 feet 4) North 35 degrees 04' 30" west 181.22 feet to the southerly si4eof Main Road and the point or place of BEGINNING. Index No. 00/13138 KATHY G. BERGMANN, ESQ., AS REFEREE MAINTREE CORPORATION REFEREE'S DEED IN FORECLOSURE The land affected by the within instrument lies in: County of Suffolk District: 100 Section: 018.00 Block: 06.00 Lot: 010.000 Premises: 25-500 Main Road, Orient, NY 1195%1106 RECORD AND RETURN TO: William H. Price, Jr., Esq. 828 Front Street P.O. Box 2065 Greenport, New York 11944 For BRC, PC use only Loan No.: 130000263 Case No.: 26923 APPLICANT T]2ANSACTI ONA[, The Town of Sogthold's Code of Ethics prohibits conflicts of interest on the par~ of towrl officers and.employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your NAHE~ Maintree Corporation (Last ~,a.,e, first name, middle i.itial, unless you are applying in tbs ~tame of someone else or other etltity, such as a company. If so, i~tdlcnte the other person's or company's' name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievaace Variance Change of zone Approval of plat Exemption from plat or official map Other X (If "Other," name the activity.) Special Exception for a Bed and Breakfast Do you personally (or thcot~gh yot, r c~ompeny, epotlee, ~ibll~g, by blood, marriage, or btlsine~ which the born officer or emp].oyee has ownership of (or employment by) a corporation ~n which ~he tovn o~ficer or employee owns more than 5% of the shares. YES NO X If you answered 'YES,'. complete bite balance of this form and date and ef~n where indicated. Name of person employed by the Town of.Sou,hold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or bis or her spouse, sibling, parent, or child is (check all that apply). __A) the owner of greater than 5% of tile shares of the corporate stock of the applic~lt (when the applicant is a corporation)/ B) the legal or beneficial owner of any interest in a nonoorporate entit¥ (when the applicant is not a corpora ,ion) ~ __.C) an officer, director, partner, oc employee of the applicant ~ or __D) tile actual applicant. DESCRIPTION OF RELATIONSIIIP Submitted this 27thday of J__an. d-992003 Signature ~~~ Joan Tu~.'turro, Pres±dent Pti. nb na,, Maintree Corporation Page 60 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 2:58 p.m. Appl. No. 5307 - MAIN~TREE CORPORATION. This is an Application requesting a Special Exception under Section 100-3lB for an Accessory Bed and Breakfast in the owner's dwelling for renting of up to five (5) guest rooms, and up to ten (10) guests, with breakfast. Location: 2500 Main Road, Orient; Parcel 18-6-10. :. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? RICHARD LARK, ESQ: Richard Lark, Main Rd. Cutchogue, NY for the applicant. The application is fairly complete. As part of the B&B thing I included everything which met all of the requirements and on further request I brought a person who is going to be a principal owner. As you know from the history of the application before you and the history of the property from the prior application and having visited the property right now for liability purposes and tax purposes it's held in a corporate name. You have a copy of the deed that was in foreclosure the ½ owner of the shares of stock in that corporation, Karen Voss who's with me today is in the process of relocating and making this her principal residence. She hopes to have this accomplished within the next 30 days where she will be changing her principal residence from where she presently is in Massachusetts to Orient NY. It's more a formality of moving it up because she was going to do it with retirement and everything this summer so she says what's the difference, I'll just move it up ahead of time and get all the accouterments that you need the voter the driver's license and all the other stuff. She does intend to occupy it in fact it's fine with the other owner she says I'm going to be living here which is really what I've always wanted to do because as you know the back bedroom on the 1st floor is going to be her quarters for the time being because it's handy and you've got all the parts of a normal residence right next door to you, you know the living room the kitchen and so on. They are going to use the 2nd floor they are going to use 5 of those bedrooms and they are going to just use those 5 that are set up the only thing they need to get done is to put a half shower in one and get rid of the combination showers for the other 2. The see through operation that they want to do right away. It's really the only major renovation they are going to do now. I've been pushing them also just so you know to apply for a permit also just so you know to apply for a permit also to get the handicap ramp and all that done especially on the side I think that's just going to be in the long mn a good thing. That's all basically that's going to be done for now. As you know to move further we're going to have to get the zone thing changed for the Country Inn interpretation and then they are going to have to get squared away with the Health Dept. because once we go over the 10 they have a classification from 10-14 which is not as stringent but if you go over 14 then it's really stringent with the waste water management and all that other business. So they've got a lot of planning to do but they want to renovate that portion of it which is the bathrooms that will probably the only thing done this Spring and later this summer I'll get them to do the handicap ramp because- CHAIRWOMAN: The board has done an inspection on this and met with the owners and we're all familiar with the first floor layout and we're all familiar with the 2nd floor layout and we're familiar with the see through bathroom that you will need to close up and the reasons why. That's room to room that is. We're also familiar with the parking situation there and we have a parking indicated on the survey. Page 60 of 63 Page 61 February20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. LARK: I gave you a parking plan you know what is existing and what they are going to do there immediately there. CHAIRWOMAN: I personally don't have any questions of you at this time and I'm going to move this right along. MEMBER GOEHRINGER: Are you going to let us know exactly when Mrs. Voss is a resident of that so we can vote on this at that point? MR. LARK: You can make a contingent on that. I would say it would definitely be done in the month of March. CHAIRWOMAN: Can you give us copies of the requisite papers within - what's a reasonable time? We can close the hearing and make it contingent upon - MR. LARK: Or you could even grant it and make it contingent that the building permit that she's got to go because you know the renovations have got to be done. That's another way of handling it. She's going to do it, it's a matter of the formality now. She's got to do it during the business week. CHAIRWOMAN: How would the board like to handle this? MEMBER GOEHRINGER: Close the hearing pending the receipt of the proper information. The only difference would be if we don't have it by March 20th. CHAIRWOMAN: I'I1 make a motion closing the hearing pending receipt of the proof of residency and renovation of the bathrooms. MR. LARK: Then they have to do the B&B application. The BD is waiting for this so they can do the bathroom renovations. Ifs a $I00 fee with the inspection. PLEASE SEE MINUTES FOR RESOLUTION Page 61 of 63 FILE UPDATE DATE: ZBA FILE # AND APPLICANT: NEW INFORMATION~FILE UPDATE: Date of Board Resolution: 0)-//.20/s9 3 Status at Hearing or Other Rfivie{v: Items Received: - ~' ff. ~,J 'r ~. Other Items Pending Submission to ZBA File by Applicant(s): 1. 2. 3. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of MAINTREE CORPORATION (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 18 6 i0 COUNTY OF SUFFOLK) STATE OF NEW YORK) BARBARA DIACHUN, residing at 875 School House Road, Cutchogue New York, being duly sworn, depose and say that: On the llth day of February ,200~, I personally placed the Town's official Poster, with the data of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or cloSer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days (Si'gnature) Barbara Diachun Sworn to before me this 19th day of February, 200 3. c/ (Notary Public)c/ R~O F. ~j~ *near the entrance or driveway entrance of my properly, as the area most visible to passersby. APPEAL NO. 5307 - MAINTREE CORPORATION ~000-018.00-03.00-013. 000 1000-018.00-03.00-014.000 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive~ is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article AddreSsed to; RcHA~D E. KEOGH & '~ OLEK. ~CtU~LA~NE 0 BOX 146 oRIENT, NY 11957 2. Article Number PS Form 3811, August 2001 Agent of Delivery [3yes  (Extm Fee) ~lYes 7000 1670 0001 0371 5572 102595~)2-M-1540 Page 1 of 2 APPEAL NO. 5307 - MAINTREE CORPORATION 1000-018.00-06.00-011.000 1000-018.00-06.00-014.005 · Complete items 1, 2, and 3. Also complete item 4 if Rsstdcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article ~dmss~ to: ohn Whitmore Hardscrabble Court asr Hampton, NY 11937 2. Article Number (Transfer from service ~abe/) [] Agent Addressee C. Date of Delivery D. Is deflvery address different frorn item 17 r-[Yes if YES, enter delivery address below: [] No 3. Service Type r~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insursd Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7000 1670 0001 0371 5596 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2 RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 February 19, 2003 Mrs. Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Maintree Corporation Appeal No. 5307 Dear Mrs. Kowalski: Pursuant to your letter dated February 4, 2003 in connection with the above-captioned matter, I am enclosing the Affidavit of Sign Posting along with the green signature cards which I received back from the certified mailings. Very truly yours, RFL/bd Enclosures Richard F. Lark ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of MAINTREE CORPORATION (Name of Applicants) CTM Parcel#1000- 18 6 - -X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) BARBARA DIACHUN residing et 875 School House Road, Cutchogue , New York, being duly sworn, depose and say that: On the 8th day of February , 2003, I personally mailed at the United States Post Office in Cutchoque , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. (Signature) Barbara Diachun Sworn to before me this 11 thday of February ,200 3 (Notary Public) THERESA THOMPSON Notary P~llc, State of New Yo{k No 01TH4970322 - Suffolk County com~issioa Expires Aug. 13, 200 ~;' PLEASE.list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. APPEAL NO. 5307 -~NTREE CORPORATION 1000-018.00-03.00-013.000 i~_ Postage C:] Certified Fee [~1 II (Endorsement Required) r-- '~,'~¥fe','MP~-;f ............................................................. /Staten Islandl NY 10306 III _ 1 1000-018.00-03.00-014.000 Postage Cedified Fee Return Receipt Fee (Endorsement R Restricted Delivel (Endorsement Required) Total Postage & Fees Page 1 of 2 APPEAL NO. 5307 - NTREE CORPORATION 1000-018.00-06.00-011.000 Certified Fee PostmaH Return Receip Fee Endomement Required) ~,~ ,,Here Restedted Deliver~ Fee {Endorsement Required) ~ Total Postege & Fees 4.~ l Robert Christopher Wenger r:~/-~;~7~7'~;i~'&~'~;L;'~;. ......................................... ~ 517 Third Street ~_~ 'b~,' ~£& -~;~.;:~- ........................................................... 1000-018.00-06.00-014.005 rfl Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Page 2 of 2 RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 February 11, 2003 Mrs. Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Maintree Corporation Appeal No. 5307 Dear Mrs. Kowalski: Pursuant to your letter dated February 4, 2003 in connection with the above-captioned matter, I am enclosing the Affidavit of Mailings. RFL/bd Enclosure Very ~ly yours, c~chard F. L~rk Notice of Hearing A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, Southold, concerning this property APPLICATION: MAINTREE CORP. TAx MAP #: 1 8-6-10 PROJECT: SPECIAL EXCEPTION DESCRIPTION: FIVE BEDROOM B&B TIME a DATE: THURS. FEB. 20, 2003 2:10 PM If you have an interest in this project, you are invited to view the Town file(s) which arc available for inspection prior to thc hearing during normal business days between the hours of Sam and 3pm. ZONING BOARD - TOWN OF SOUTHOLD - 631-765-t 809 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 20, 2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, February 20, 2003, at the times noted below (or as soon thereafter as possible): 2:10 p.m. Appl. No. 5307 - MAINTREE CORPORATION. This is an Application requesting a Special Exception under Section 100-3lB for an Accessory Bed and Breakfast in the owner's dwelling for renting of up to ftve (5) guest rooms, and up to ten (10) guests, with breakfast. Location of Property: 2500 Main Road, Orient; Parcel 1000-18-6-10. 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 heating will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 3, 2003. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809). -,{