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Home My WebLink About7831 io as t"� vivLp)space '-"W&vcuck-+ upcvoeui)mo't' Arf �oll� Ja3 V� r1r, TkAc-,q i-Akx LIT-, LIT PIC ()rf-crfr PhD I --)&f) - of 0)i Maio tree- Ct:W r� _ Owner: Sutton, Alexander File M 7831 .l1 Address: 25500 Route 25 �S Code: 17NP �'— Agent Info Tracy Sutton P.O. Box 636 25500 Route 25 Orient, NY 11957 Phone: 516-526-6265 Fax: J Email: tracsutton5@gmail.com BOARD MEMBERS QF s®U Southold Town Hall Leslie Kanes Weisman, Chairperson ®�� j�®� 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) c®UN'N,� Southold,NY 11971 RECEIVED http://southoldtownny.gov d-- Ji" G o2: ZONING BOARD OF APPEALS 0 CT 2 3 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 gS0 Wut h Xol d T® vn Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19,2023 ZBA FILE: #7831 NAME OF APPLICANT: Tracy and Alexander Sutton PROPERTY LOCATION: 25500 Main Road, Orient,NY SCTM: 1000-18-6-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property tinder consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated July 19, 2023 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, non-conforming, 40,314 square feet, .93-acre irregular-shaped parcel located in the R-80 Zoning District measures 102.62 feet along Main Road a.k.a. State Route 25 then runs south 228.80 feet along a residentially developed lot to the east,then runs west 94.92 feet along developed agricultural lands,then continues north 65.20 feet, 89.73 feet west and 181.22 feet north along the same agriculturally developed lands to the south and west. The lot is developed with a 3-story wood frame residential structure with a wrap-around covered first floor porch on the west, north and east sides, exterior emergency stairs from the 2nd floor located on the east side of the structure and rear, wooden deck on the southside of the residence. The site is accessed via a gravel,circular driveway frorn Main Road with a parking court on the eastern lot line and a brick patio on the eastside located behind a wooden pergola spanning the distance between the residence and the eastern lot-line. A shed is also located in the rear yard, all as shown on the survey prepared by John Minto, L.S. and dated March 10, 2021. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-14 and the Building Inspector's June 28,2023 Notice of Disapproval based on an application for a permit to legalize"as built" alterations to convert to habitable space in the attic (third floor) of a single family dwelling, and to rescind a condition of a permitted Special Exception; at 1)as per condition#4 stipulated in Special Exception file#7527SE, dated September 16,2021 which states the third floor-attic shall not be used as living-space by owner nor-by-the-Bed-and-Breakfast guests and is to remain unheated and unconditioned for storage use, only; located at 25500 Main Road, Orient,NY. SCTM No. 1000-18-6-10. RELIEF REQUESTED: The applicant requests a variance for the use of a third-floor attic to be used as conditioned living space including a half-bathroom,two(2)storage rooms,an office room and two(2)closets, plus storage under Page 2,October 19,2023 #7831, Sutton SCTM No. 1000-18-6-10 the attic eaves by the property owner(no Bed and Breakfast guests)where a prior Zoning Board of Appeals decision (file#7527SE) limited the third-floor attic to remain unheated and unconditioned for storage use, only. ADDITIONAL INFORMATION: No member of the public or an immediate neighbor spoke in favor of or against this application. The subject parcel is the beneficiary of ZBA decision#7527se dated September 20,2021 granting permission for the applicant to operate a bed and breakfast with 5 guest rooms for the lodging and serving of breakfast to 10 casual, transient roomers. The subject parcel has a unique history as illustrated by the prior ZBA decision, #5307se dated February 13, 2002 granting permission for the applicant to operate a similar bed and breakfast. Improvements on the subject parcel are covered partially by an unclear Pre-Certificate of Occupancy which outlines the property's development from an estate farmhouse to a group residence known as Oysterponds Home for Adults (in operation from 1946 to the early 2000's) and its conversion back to a single-family residence w/non-habitable attic(3rd floor) in 2003. The 2003 decision, granting the Special Exception indicates, "there is a third floor with a small apartment probably used by the prior owners on a seasonal basis". There is NO record of any building permit converting the third-floor attic conversion to an apartment. Improvements on the subject parcel are covered by the following Certificate of Occupancy: #13110 dated January 4, 1985 covering an addition & kitchen alteration. #14946 dated October 3, 1986 covering installation of an elevator. 434880 dated March 25, 2011 covering conversion of an adult home to a single-family dwelling And#5307se, use as a Bed and Breakfast #38084 dated February 3, 2016 covering upgraded electric and lighting in kitchen. #42635 dated December 18, 2021 covering an `as-built' pergola addition to a single-family dwelling. #43115 dated June 4, 2022 covering installation of replacement windows. #43650 dated December 3, 2022 covering installation of an accessory in-ground swimming pool. #43784 dated January 25, 2023 covering roof-mounted solar panels to a single-family dwelling. A STOP WORK ORDER, for construction without first obtaining a building permit was issued April 7, 2023 to the applicant. Two (2) complaints were filed on the property, after inspection, by Fire Marshall Fred Visser, both dated April 21, 2023 for, 1. "Third floor being framed for an office, family room and what looks like a bedroom, additionally there is a bathroom roughed out, in the basement a wall was constructed and additional walls are framed out with new romex wiring, owner also admitted they are...." 2. "wiring electric through the house to replace old knob and tube electric." The file indicates that there are two (2) open building permits on the primary structure: #49289 dated May 22, 2023 covering `legalizing' as-built alterations to an existing dwelling. #49288 dated May 22, 2023 covering `legalizing' as-built generator. Throughout the application packet, in the applicant's handwriting, describing the variance request, the applicant states `convert existing attic to storage rooms, half-bath, and office/studio' OR `attic alteration', despite acknowledging the 2021 Special Exception condition#4, which stipulates: "the third-floor attic is not to be used as living space by the owner nor by the B&B guests and is to remain unheated and unconditioned,for storage use,only." The applicant provided rudimentary floor plans(first and second floor),without scale, labeled A 102 and A 1.03 drawn by the-applicant, Tracy Sutton and 'stamped'-by John E.-Condon,-Licensed Professional Engineer, dated April 28, 2021 and a more detailed floor plan of proposed renovations to the non-habitable, third floor attic, labeled A101 drawn by the applicant, Tracy Sutton and `stamped' by John J. Condon, Licensed Professional Engineer, dated May 11, 2023 for the variance relief sought in this application. Page 3, October 19,2023 #7831, Sutton SCTM No. 1000-18-6-10 The applicant provided undated photos, taken after their ownership commenced, of the third floor attic illustrating finished conditions consisting of what appears to be a 1980-1990's style bathroom with molded fiberglass shower enclosure, a pedestal sink and commode, sheetrock walls and `peel `n stick' type tiling; sheetrock finished areas (visible tape cracking between joints),vaulted ceiling and rugged flooring consistent with modern, late 20`1 Century finishes and a visible `steel' structural cable —a possible remanent of the original 19`' century unfinished attic. In the same photo packet, the applicant provided images of excessive bird and insect intrusion into the framing of the exposed attic roof structure, with removed sheetrock that illustrates late 20`h century 2x4 construction, wiring, etc. In one photo the original `balloon' framing is visible with noticeably aged wood used in construction by contrast. The applicant provided a second packet of photos that illustrate the present condition,post demolition of the partition walls, with full attic roof structure exposed consistent with the original 19`' century `balloon framing' and floorboards. The applicant's agent argues that the original residential structure was built with a third floor, accessible from the main stairwell and integrated into the house's design with consistent materials used. The applicant,on their own and without a pennit, demolished all partition walls and all finish materials in contravention of stipulation #4 of the Special Exemption granted them in 2021 and as such it is virtually impossible to determine what the original, pre- 1957 condition of the third floor is or how it presently conforms to the Pre-Certificate of Occupancy,file#.Z-11669, dated May 16, 1983. As a result of the applicant's extensive interior work performed and demotion without the benefit of a building permit for interior renovations to a non-habitable, attic to be used for storage, it is probable that the Pre-Certificate of Occupancy, on the third floor, if it ever existed, is extinguished. Members of the Zoning Board of Appeals perfonned an interior site inspection on September 27, 2023. The applicant offered personal testimony that he(Alexander Sutton) without the benefit of a pen-nit demolished the `as-built' improvements (most likely added by a prior owner in the late 20`' century) to the third-floor attic space indicating that he was unaware a permit was required and knowingly in conflict with the very decision (#7527SE) that allowed the applicant to operate a bed and breakfast in their residence. The applicant also stated that they were unaware of any heat source on the third floor and that they presumed heat from the floors below radiated up to warn the space,although they did indicate a gas line was discovered during the demolition process; it is unknown what the gas line may have served or if it was ever even used. On October 6, 2023 the applicant's agent submitted to the Board a floor plan of the third-floor attic, drawn by the applicant, illustrating the condition prior to demolition,which included a central living area, a bathroom, a bedroom, an office/studio, and various closets. The document is undated, without scale and is not associated with any known Town of Southold document relative to the Pre-Certificate of Occupancy, acknowledging improvements built prior to Zoning, or any subsequent building permit or Certificate of Occupancy on the subject parcel. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 5, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: -1. Town Law §267-b( A)0). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The exterior of the original residential structure, was built at an unknow date, but approximately 1905 according to documents submitted,and certainly well before Zoning was established in Southold Town. In any case it, has existed in its established form without any expansion to the roofline and as such, is a recognized three-story structure. Allowing partial use of the third-floor attic area will not alter the Page 4, October 19,2023 #7831, Sutton SCTM No. 1000-18-6-10 community character in any way, as this structure has contributed to and partially defined the community character of Orient,NY. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can convert an existing bedroom or other space in the residence to an office or construct an addition for more living space to meet the owner's needs. Alternatively, the applicant can obtain a permit to finish the basement, where according to the COMPLAINT 92023-1274 dated April 7, 2023 "a basement wall was constructed and additional walls are framed out with new Romex wiring..." versus seeking a building permit for the use of a third-floor attic. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the Code. However, the 2002 Zoning Board of Appeal's file, #5307SE conflicts with the Pre-Certificate of Occupancy,the 1966 ZBA file#990 decision and the 2021 ZBA file#7527 where there was no known finished space in the third-floor attic. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Furthermore, the applicant was aware of stipulation 94 in the Zoning Board of Appeals 2021 decision, file#7527 and could have challenged it within 30 days of its filing. The applicant did not, but instead, chose to alter the existing condition of the third-floor attic space, demolishing partition walls and installing new framing, electric service, and plumbing without the benefit of a permit. 6. Town Law &267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third-floor attic office/studio,two(2)storage rooms,two(2)closets and under attic eave storage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Planamento,seconded by Member Dantes,and duly carried, to DENY as applied for and GRANT ALTERNATIVE RELIEF as follows: The applicant may finish with sheetrock and insulate the third-floor attic space to include an office studio (measuring 11.5 feet by 23.4 feet)for the sole purpose of use by the resident/owner/bed and breakfast operator, partition closets and storage areas as shown on floor plan submitted with the application, drawn by the applicant, Tracy Sutton and signed by John J. Condon, PE, labeled A 101 and dated May 11, 2023. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final floor plan, stamped by a licensed professional designer, conforming to the alternative relief granted herein. The ZBA will forward_one set of approved, stamped-drawings to the-Building Department. - -Failure to-fallow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals SUBJECT TO THE FOLLOWING CONDITIONS: [FILED : SUFFOLK COUNTY CLERK 10 30 2024 03 : 43 P INDEX NO. 628841/2023 NYSCEF DOC. NO. 20 Index N IC�Ji kN la�YF: 10/30/2024 SUPREME COURT OF THE STATE OF NEW YORK n� h IAS/TRIAL PART 34- SUFFOLK COUNTY PRESENT: Mot Seq: 9001: MD; CDISPSJ HON. JOSEPH C. PASTORESSA x In the Matter of the Application of Counsel for Petitioners: TRACY SUTTON and ALEXANDER SUTTON, William D. Moore 4d®RtW,�1` 6T 51020 Main Road Petitioners, Southold, NY 11971 For a judgment under article 78 of the Civil Practice Counsel for Respondent: Law and Rules and for declaratory and injunctive Devitt Spellman Barrett, LLP relief 2150 Joshuas Path Suite 300 -against- Hauppauge, NY 11788 SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondent. x This CPLR article 78 proceeding concerns a variance application submitted by petitioners, Tracy Sutton and Alexander Sutton, regarding the premises at 25500 Main Road in Orient, New York. The premises consist of a three-story residential building that was used as a group home for several decades until the early 2000s.' In 2003, a prior owner of the premises applied for a special exception to operate them as a bed and breakfast. Respondent, Southold Town Zoning Board of Appeals (the ZBA), granted the application. As pertinent here, the ZBA noted that "[t]here is a third floor with a small apartment[,] probably used by the prior owners on a seasonal basis." The zoning regulations of the Town of Southold (the Town) do not allow livable space on the third floor of a building in the premises' zoning district (Southold Town Code art 280, attachment 3). Petitioners purchased the premises in 2021 and applied for a special exception to operate them as a bed and breakfast. At a hearing on the application, as relevant here, one of the ZBA's members "remind[ed] [petitioners] that the third floor is non-habitable space and it's not to be used for any guests or any other residential purposes it's an attic [sic]." Petitioners did not object or otherwise respond to this comment. The ZBA granted the application with certain conditions, ' The third floor is sometimes referred to, in both this decision and in the record, as an attic. 1 of 4 FILED: SUFFOLK COUNTY CLERK 10 30 2024 03 : 43 PH INDEX NO. 628841/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/30/2024 Matter of Sutton v Southold Town "Zoning Bd. of Appeals Index No. 628841/2021 Page 2 one of which was that "[t]he third floor 'attic' is not to be used as living space by the owner nor by B&B guests and is to remain unheated and unconditioned, for `storage' use only." Petitioners did not challenge this determination in a CPLR article 78 proceeding. To the contrary, they "begrudgingly accepted this condition." Petitioners thereafter began a renovation of the attic without a building permit, resulting in a 2023 stop work order from the Town Building Department. Petitioners then applied for a building permit, which was denied. Petitioners then applied for an area variance to convert the third floor of the premises to conditioned living space including a bathroom, storage space, an office, and two closets. After a public hearing, the ZBA denied the application and granted alternative relief allowing petitioners to renovate the third floor into an office/studio, closets, and storage areas. The alternative relief was subject to the conditions that petitioners "shall NOT install plumbing or a half-bathroom on the third floor," that petitioners conform to the New York State Building Code and install a fire suppression system on the third floor, that there be no sleeping quarters on the third floor, that there be no permanent heat source or air conditioning on the third floor, and that bed and breakfast guests not have access to the third floor. The ZBA noted that petitioners wanted to convert the attic to living space despite the condition in the 2021 special exception permit that the attic could not be used as living space and was to remain as storage space. The ZBA then analyzed the factors enunciated in Town Law § 267-b (3) (b) for the determination of area variances. The ZBA stated that there would be no undesirable change in the character of the neighborhood or to nearby properties. It explained that petitioners had an alternative method to obtain office space by converting an existing bedroom or other space or by obtaining a permit to finish the basement. The ZBA decided that the variance was "mathematically substantial, representing 100% relief from the Code," and that no evidence suggests a negative impact on the neighborhood's physical or environmental conditions. It held that petitioners' "difficulty has been self-created"because they purchased the premises with actual or constructive knowledge of the zoning regulations then in effect and were aware of the conditions in the 2021 special exception permit, which they never challenged in a CPLR article 78 proceeding. Petitioners then commenced this CPLR article 78 proceeding, contending that the ZBA's 2023 determination was arbitrary, capricious, and affected by an error of law. They claim that the premises contain a nonconforming building, and that renovation of the third floor to residential use is a conforming use that is lawful under Southold Town Code § 280-122. Petitioners further allege that the ZBA's variance analysis was arbitrary and capricious because it was irrational to order the installation of a fire suppression system while also barring a bathroom on the third floor, it was unreasonable to suggest that petitioners could convert a bedroom to office space, and respondent violated section 280-122. Petitioners do not posit that using the 2 of 4 FILED: SUFFOLK COUNTY CLERK 10 30 2024 03 : 43 P INDEX NO. 628841/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/30/2024 Matter of Sutton v Southold Town Zoning Bd. of Appeals Index No. 628841/2021 Page 3 third floor space for residential use is a pre-existing nonconforming use. "In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals,judicial review is limited to ascertaining whether the action was illegal, arbitrary and capricious, or an abuse of discretion"(Matter of Sid Jacobson Jewish Community Or.,Inc. v Zoning Bd. of Appeals of the Inc. Vil. of Brookville, 192 AD3d 693, 694 [quotation marks and citations omitted]; see Matter of Andes v Zoning Bd. of Appeals of the Town of Riverhead, 217 AD3d 671). "An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts" (Matter of Peckham v Calogero, 12 NY3d 424, 431; see Matter of Pell v Board of Educ. of Union Free School Dist. No. I of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222). When a rational basis exists for a zoning board of appeals determination, "a court may not substitute its own judgment for that of the board, even if such a contrary determination is itself supported by the record" (Matter of Labate v DeChance, 189 AD3d 838, 840 [quotation marks and citations omitted]; see Matter of Margulies v Tows: of Ramapo, 226 AD3d 783). A court"may not weigh the evidence or reject the choice made by the zoning board where the evidence is conflicting and room for choice exists" (Matter of C& B Realty#3,LLC v Van Loan, 208 AD3d 778, 780 [quotation marks and citations omitted];see Matter of Andes, 217 AD3d 671). In addition, "the principles of res judicata and collateral estoppel apply to quasi-judicial determinations of administrative agencies, such as zoning boards, and preclude the relitigation of issues previously litigated on the merits" (Matter of Voutsinas v Schenone, 166 AD3d 634, 636 [quotation marks, citations, and alterations omitted]; see Matter of Calapai v Zoning Bd. of Appeals of Vil. of Babylon, 57 AD3d 987). In its 2021 determination, the ZBA granted petitioners' application for a special exception, with a condition that"[t]he third floor `attic' is not to be used as living space by the owner nor by B&B guests and is to remain unheated and unconditioned, for `storage' use only." That condition, which petitioners opted not to challenge in a CPLR article 78 proceeding or otherwise, must be given preclusive effect (see[Platter of Kogel v Zoning Bd, of Appeals of Town of Huntington, 58 AD3d 630, 1v denied 13 NY3d 701; Town of Wallkill v Lachmann, 27 AD3d 724). Thus, the challenged portions of the ZBA's 2023 determination, which all concern the use of the third floor as living space in violation of the 2021 condition, were not irrational. Petitioners' claims fail even in the absence of the 2021 determination. They argue that although the building is non-conforming, the use of the third floor as residential space conforms with the Town's zoning regulations, and the alterations are therefore permissible under Southold Town Code § 280-122. That section provides that"[n]othing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Petitioners' argument that the alterations were conforming and permissible under this section was not preserved before the ZBA and cannot be considered (see Matter of Bray v Town of Yorktown 3 of 4 FILED: SUFFOLK COUNTY CLERK 10 30 2024 03 : 43 P INDEX NO. 628841/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 10/30/2024 Matter of Sutton v Southold Town Zoning Bd. of Appeals Index No. 628841/2021 Page 4 Zoning Bd. of Appeals, 151 AD3d 720; Matter ofBlanchfield v Town ofHoosick, 149 AD3d 1380; Matter of Kearney v Village of Cold Spring Zoning Bd. of Appeals, 83 AD3d 711). In any event, and contrary to their argument that the alterations were conforming, petitioners' variance application stated that"the relief requested will simply allow the third floor to have a current CO for work that was pre-existing and non-conforming" (emphasis added). And in Appendix B (Short Environmental Assessment Form) to the application, when asked "[i]s the proposed action . . . [a] permitted use under the zoning regulations?", petitioners checked "NO." The ZBA's determination, which analyzed the statutory factors in Town Law § 267-b, was otherwise rational (.see Matter of Patrick v Zoning Bd. of Appeals of Vil. of Russell Gardens, 130 AD3d 741; Matter of John Hatgis, LLC v DeChance, 126 AD3d 702; Matter of Ram v Town of Islip, 21 AD3d 493). The Court notes that petitioners admitted at the hearing that they could convert a bedroom to office space. Thus, the petition is denied and the proceeding is dismissed. DATED: HO JOSEPH C. PASTORESSA, J.S.C. 4 of 4 Page 5,October 19,2023 #7831, Sutton SCTM No. 1000-18-6-10 1. The applicant shall NOT install plumbing or a half-bathroom on the third floor. The proposed 3`d floor half bath shall be used as a storage area or closet . 2. The building shall meet New York State Building Code relative to the use of a third floor and the applicant is to install a fire suppression system. 3. No sleeping quarters are permitted on the third floor. 4. No permanent heat source or conditioning of any kind shall be permitted on the third floor. 5. The third floor is only for the property owner's use and at no time shall a transient or Bed and Breakfast guest have access to it. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein;are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. ITIS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify-the approved variance relief, and- -require nd- - - -- -- - - - -require-a-new-variarice application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Planarnento, Dantes, Acampora, Lehnert, Weisman. This Resolution was duly adopted (5-0). Page 6, October 19,2023 #7831, Sutton SCTM No. 1000-18-6-10 Leslie Kanes Weisman, Chairperson Approved for filing It /:`) /2023 . RECEIVED JUL 17 2023 V'*/, IGTI N /`•�• Zoning Board of Appeals WA LL5 NEW N ATI \(z Vim, a CLOSET — �.�CI GT t cit GN i t'�ttit ' .�- FINALMAP REVIEWED BY ZBA DECISION# TqS I _ DATED: Io n•�. t"tt� ,,'i.-.;_'x f_..`;. '_ - rr'. syr:..'.:%:..x:£,.r.r.-k � r:r`" �•��;: ill" '.-ia�� $". �t>.s.Gbh:�'�l'fi?l.'.71.�,'.x,.:.+r:..::.:.._v�G .� .c C� ;Ip``-'• '-r .t 1 \ �}Ni1 C LOQ 7 r 5TO CSA G . ,ATT t C., �—:A'V ES: 1 r ':EWA CONI)o�� LOOK PLAN P , T) C OFE55\0 SCALE f@ FLOOR tjj /j}��\'� DAT 5500 ,� � � R AND P !;CALE 7 ° 1O1 .� A � CAL � � C { Area Note: ALL SUBSURFACE STRUCTURES; UNAUTHORIZED ALTERATION OR ADDITION anMNar JM � JM WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF cwcxm DRAINAGE, DRYWELLS AND UTILITIES, SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. 40,314 sq.ft, SHOWN ARE FROM FIELD OBSERVATIONS � c� �>E MARCH 2021 AND OR DATA OBTAINED FROM OTHERS. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR 0.93 acres ORMC N°.: 21\MAIN ROAD 25500 THE EXISTENCE OF RIGHTS OF WAY EMBOSSED SEAL SHALL NOT BE CONSIDERED AND/OR EASEMENTS OF RECORD IF TO BE A VALID TRUE COPY. ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Premises known as: TITLE COMPANY, GOVERNMENTAL AGENCY AND # 25500 Main Road, Orient LENDING INSTITUTION LISTED HEREON, AND 7O THE ASSIGNEES OF THE LENDING INSTI— TUTION. GUARANTEES ARE NOT TRANSFERABLE. RECEIVED JUL 17 2023 ZoningBoard of Appeals 0 q p rA �V n Vo61 /ea9°o� em1 1 102 � o 6500 `0 "acme `r► N osPbo p l °SQhn\\P0 ma Z f Qa9°d�°o°\ � �'S\0° t i .y O 66 \e s\QpS \ ti to S O C a �C, ch °aS\oN°b0J \A3 .06ASy C01 r rG v # Si06\n9 \411 91 ko o 9Q o\ot 0 \ 0 *A O r S\\eps °coo\c no e 'z' O coa da 9� O / comQ ems► �� °�� e° Q �So �� f O 566' `0 8913 0 11111, WD °SQhn\\es' / o U C & r__ 99 *OW 0 FI R F°RM{R1 Y of *wV OUR/ Certified to: Alexander L. Sutton Tracy M. Sutton 0� Ne__ r Fidelity National Title Insurance Services, LLC COP� °"`s "r° °�'� Survey of Property situate at Orient LANDS ( LAND SURVEYING Town of Southold V Mintoville@aol.com Suffolk County, New York SUBDIVISIONS Tax Map #1000- 1 8-06- 10 TITLE & MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS LAND PLANNERS Scale 1 "= 30' March 10, 2021 SITE PLANS GRAPHIC SCALE JOHN MINTO, L.S. PHONE: (631) 724-4832 30 0 15 30 60 120 LICENSED PROFESSIONAL LAND SURVEYOR NEW YORK STATE LIC. NO. 49866 FAX: (631) 724-5455 93 SMITHTOWN BOULEVARD SMITHTOWN, N.Y. 11787 ( IN FEET ) 1 inch = 30 ft. —� COUNTY OF SUFFOLK RECEIVED JUL 19 2023 lQ �1Zoning Board of Appeals 1 STEVEN BELLONE `7-'(�J Z3 SUFFOLK COUNTY EXECUTIVE f DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE CHRISTOPHER GONZALEZ COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER July 19, 2023 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 A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Joseph McCormack #7828 Patrick McElroy #7830 Tracy&Alexander Sutton #7831 Very truly yours, 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■ (631)853-5191 FORM-NO-.3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT JUL' `'� 2023 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: May 22, 2023 TO: Tracy Sutton 25500 Main Road Orient,NY 11957 Please take notice that your application dated May 12, 2023: For permit: legalize "as built" alterations to the attic (third floor) of a single-family dwelling at: Location of property: 25500 Main Road, Orient,NY County Tax Map No. 1000 - Section 18 Block 6 Lot 10 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this non-conforming 40,314 sq. ft. parcel in the R-80 District, is not permitted as per condition#4 stipulated in ZBA file# 7527SE, dated September 16, 2021, which states; "the third floor attic is not to be used as livingspace space by the owner nor by the B&B guests and is to remain unheated and unconditioned, for storage use only." The "as built" alterations to the attic contain habitable space. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. t REC E]APpeals Fee:$ Filed By: Assignment No. JUL2 APPLICATION TO THE SOUTHOLD TOWN BOARD O LAPP;EALS AREA VARIANCE g Board of House No,!;Z5500 Street rW\ + ZO Hamlet SCTM 1000 Section 16 BlockjLot(s) _Lot Size Zone _&- I(WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): k Mailing Address: -b 1� lF � ©�k"*C �'1 1 ` —`�3 Telephone: Fax: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( ) Owner( )Other: Address: Telephone: Fax: Email: PI check to specify who you wish correspondence to be mailed to,from the above names: 7Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY TH BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED i -Z,9 and DENIED AN APPLICATION DATED Z FOR: Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change'of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section _( )Reve sal or.Other A prior appeal*) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# RECEIVED JUL 1`7 2023 l REASONS FOR APPEAL (Please be specific, additional sheets may be used witi preparer's signature notarized): Zoning Board of Appeals 1.An undesirable change will not be produced in the CHARACTER of the neighbor ora detriment to near y properties if granted,because: 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: 3.The amount of relief requested is not substantial because: - 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self created? {,} Yes,or{ } No Why: Are there any Covenants or Restrictions concerning this land? XNo { } Yes(please furnish a copy) This is the NIINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signature of pp 'c t or Authorized A t (Agent must su it ritten Authorization from Owner)- Sworn to before me this day — - of Std ly - -9-20 �- — TRAEEV L. �wv�R - - -- - / NOTARY PUBLIC,STATE OF NEW YORK NO.OIDW6306900 Publi QQALIFIE.D IN SUFFOLK COUNTY Notary COMM1S$ION EXPIRIts JUNE 30AWP RECEIVED REASONS FOR APPEAL II 7 1. An undesirable change will not be produced in the CHARACTER of th neigh Pf�rII'h otf o�013 detriment to nearby properties if granted because: The relief requested would 1) make no change to the outside of the house, 2 v@0ji991&@hqj5�E_ARWals functional or legal usage of the house (as a B&B), or 3) add to the number of occupanis living in the house. For these reasons the character of the neighborhood will not be affected as there would no recognizable external change to the neighborhood from the relief being granted. In addition,there are other houses in the neighborhood and on the North Fork that have legal third floor living areas, and the usage requested at this property would be consistent with those usages. In addition, the relief being requested would be consistent with.how the third floor has been used in the past. And as any relief granted will require that all local, state, and federal codes be followed as per all safety requirements,the property will be legally in conformance will all safety regulations and any relief granted would not be a detriment to the safety of the neighbors or the neighborhood. Assuming that a sprinkler system is installed from the third level of the house to the second-floor egress and the front door of the house,the house will be safer in the future than it was prior to relief being granted from a fire perspective. In addition, allowing relief in this manner does not encourage other property owners to take similar action regarding their houses, as the third floor living area in question is preexisting and the height of the building is pre-existing and non-conforming. As such the potential allowance of this relief by the board does not create a loophole by which other applicants could consider acting unless they had a similar pre- existing structure with a similar historic usage.Therefore, there is no detriment in the form of a future precedent that would be created by this relief being granted. The relief being requested is consistent with the past usage of the property, and based on past Southold Town Zoning Board of Appeals findings of fact 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...There is a third floor with a small apartment probably used by the prior owners on a seasonal basis.."1 In this document,The Southold Town Zoning Board of Appeals acknowledges that there was a living area on the third floor and found that among other things 1) the use as requested was reasonable, 2) the local neighbors and area neighborhoods would be unaffected, 3) safety health, welfare, etc. would be unimpacted, .4) the structure would be readily accessible for fire and police protection, 5) the proposed use was "compatible" . 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The requested relief is not an areas variance, so this question is not applicable. 1 Excerpted from: "Board of Appeals Town off Southold Findings and Deliberations and Determination Meeting of April 3, 2003, page 1" LREVED 3. The amount of relief requested is not substantial because: ' 7 2023 The requested relief is not substantial as: 1) it will allow the property to be legay it has for 120 years; 2) it makes no change to the exterior or structure of the building; 3bsfaRc�Wls change to plumbing design of the house which has had a third-floor bathroom , it makes no substantive change to the electric plan of the house,which has had a third-floor load center installed for at least forty years and extensive electric in it prior to that;'and 5) it does not add to the number of rooms on the third floor which previously included five rooms (bedroom, living area, full bathroom [shower toilet, sink], office/music room, and a storage room).4 Thus the relief requested will simply allow the third floor to have a current CO for work that was pre-existing and non-conforming and will allow the house to be used consistently to the use enjoyed at least going back the 1960s. 4. The variance will NOT have an adverse effect or impact the physical or environmental conditions in the neighborhood or district because: The relief requested would make no change to the exterior of the property. There is no change being considered in the relief requested to the maximum occupancy of the property or the B&B variance, and as such there should be no change to the sewage output or water consumption from the property. As the third floor living area would not be utilized by B&B guests5 and it would be a private living area only for the B&B owner operators it does not expand the potential or pre-existing occupancy capacity of the dwelling. From an energy consumption perspective as the house is currently producing more energy than it consumes due to the installation of solar panels,there is unlikely to be any appreciable change to the electricity consumed and thus this relief would have no detrimental effect on the energy grid.6 Z A November 17, 1966, Southold Town Board of Appeals, meeting transcript(page 15) indicates the house had two bathrooms in 1966.An affidavit of Laura Atkins which taken on June 13, 2002, and submitted to the Town of Southold Board of Appeals on July 18,2002, indicates that prior to the early 1980s the third floor was used as an office and for storage,and that at some point in the early 1980s, "the third floor was converted to an apartment for the owner to live." s Knob and tube wiring likely dating back to the 1920s was in used in the attic area and included overhead lighting in the central areas, as well as extensive fire alarm appliances that were likely 1920-1950s vintage. 4 Prior to the recent demolition of the walls on the third floor which was completed to allow for the B&B permit to be renewed,the attic area had five rooms as well as two closets, and partition walls subdividing the remaining unfinished attic areas from the finished attic areas. 5 The third floor is always locked with a keycode lock that does not allow guest access to this area. Prior to the current occupants the third floor included areas where B&B linens and-supplies were stored,—as well as a living area that was reported to be used by the B&B owner operators,as well as an office-music area reported to be used by the previous owner operators. In addition,the third floor had an old doorbell which wired to the front door as well as the kitchen and the basement, indicating that in the past this area was used by staff only. 6 46 Solar panels were installed at the dwelling and became operational in late June 2022. RECEIVED 5. Has the alleged difficulty been self created? ( ) Yes (x) No Why: JUL 1•7 2023 The third floor was in extensive need of renovation work due to birds living in th o2 Q11?bAIfa{Appeals The electric work on the third floor and areas of the of the second floor was in poor condition.' The plumbing in the pre-existing third-floor bathroom was leaking and in need of renovation.' There was extensive insect infestation on the third floor.lo The demolition and renovation work conducted to date has been completed and the owner would like to conduct the work as proposed in the building permit application to restore the third floor to its prior historic use. 'On the west wall of the third floor, birds had entered the bathroom vent hose and had created a nest within'.h� interior walls that extended four feet into the interior area of the third floor. It was necessary to demolish and gut this area to clean up this incursion. "The demolition of the third-floor non-structural wall partitions allowed access to the third-floor sub floor to replace the per-existing"knob and tube style"wiring that serviced the second and third floors with electricity.This electric work has been completed and inspected subject to a Southold Town Building permit and is now covered by a C.O. 9 The pre-existing plumbing work, including a toilet, a sink, and a walk-in shower with spa jets has-been_ removed from the third floor by-the current owner;a sewage drainpipe and a hot and cold feed line remain installed on the floor of the third floor, but are currently not hooked up to any plumbing fixtures and are not in use. " Multiple wasp nests were removed from the third-floor partition walls and a fly infestation was cleaned up during the demolition work done in the third-floor area. RECEIVED JUL`1 .7 2023 ib&l Are there any Covenants or Restrictions concerning this land (x} No {}Yes (pl ase furnish a6o0Yyappeals Zoning Boar This is the Minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety,and welfare of the community. By Signing this document,the Property Owner understands that pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void there a Certificate of Occupancy has not been procured and/or a subdivision map has not been filed with the Suffolk County Clerk, within three years (3)years from the date such variance was granted.The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed (3)three consecutive one (1)year terms, IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signature of Applicant or Authorized Agent (Agent must submit written authorization from Owner) Sworn to before me this day Of 20 Notary Public G 8-0 APPLICANT'S PROJECT DESCRIPTI N (For ZBA Reference) �J Applicant: 6" ,t o"j Date Prepared: Kr- I. For Demolition of Existing Building Areas 1.7 223 Please describe areas being removed: AUL in Board o Appeals II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: �*O31!!� sc---t--F Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (flat,slope %,heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s)- Please submit seven (7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. �, J /n 7/2002; 2/2005; 1/2007 `�J T RECEIVED APPLICANT'S PROJECT DESCRIPTION 17 20233 I. For Demolition of Existing Building Areas Zoning Board of Appeals Please Describe areas being removed:The demolition of the area has already occurred. On the third floor only, partition walls and existing drywall were removed. The existing electric and load center in the partition walls was removed as well.The existing plumbing lines and fixtures except for a pre-existing main sewage pipe and hot-and cold-water supply lines were removed as well.A pre-existing not-in-use natural gas supply line and a sheet metal chimney pipe installed in the third-floor ceiling were also removed. Il. New Construction Areas Not Applicable III. Proposed Construction Description (Alterations or Structural Changes) Number of Floors and General Characteristics BEFORE Alterations: The house has three full floors and a full basement. In this building permit application, Alterations are only being proposed to the third floor which has been a finished space for at least 60 years. Prior to demolition work being completed,the third-floor consisted of 1155 square feet, and included: a. A stair well and landing area, b. A bedroom with a drop ceiling and a closet, c. A full bathroom including a toilet, sink, and an integrated shower/spa unit. d. A storage room. e. An office area f. An open living space with a walk-in closet g. Two crawl space areas, one leading to an attic area that exists over the southern gable of the house. The third-floor area had no permanent HVAC equipment installed. A defunct copper gas line extended through the third-floor ceiling and terminated near an exhaust pipe that was no longer in use that extended through the roof. Number of Floors and General Characteristics AFTER Alterations: After the alterations are complete,the house will still have three full floors and a full basement. The new space on the Third floor when completed and as outlined in the building permit application will consist of 1155 square feet and will include: a. A stair well and landing area. b. A large general storage room. c. A half bathroom including a toilet and a sink. d. A linen storage room.__ e. A Supplies storage room. f. An office studio area. g. An open living space with a walk-in closet. t h. Two crawl space areas, one leading to an attic area that exists over the southern gable of the - (3L house. RECEIVED IV. Calculation of building areas and lot coverage (from surveyor) JUL f,7 2023 Existing square footage of buildings on your property: 3,229 Proposed increase of building coverage: Zero Zoning Board of Appeals Square Footage of your lot: 40,314 Percentage Coverage of your lot by building area: 8.0% V. Purpose of New Construction To provide the Owner with living areas and storage rooms that are other wise not available in the current layout of the house.The applicant would note that the living area in the house outside of the space utilized for the B&B outside of the two non-B&B bedrooms11 is non-existent.The conversion of the third- floor space would allow for a living area for the owner operator of the B&B, linen and storage closets for the B&B, and a space for an office studio.There are no other existing spaces in the house to utilize for these uses, and this is what the third floor has been used for in the past. VI. Please Describe the Land Contours(Flat,slope%, heavily wooded, marsh area,etc.)on your land andhowit relates to the difficulty in meeting code requirement(s): Flat. It has no impact. VII. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. Not Applicable 11 The house has two bedrooms that are not reserved for guest use:a master bedroom on the second floor that is in the process of being updated (Building permit#XXXX);and a bedroom on the second floor on the south side of the house. 4, Q1�(2 PATRICIA C. MOORE Attorney at Law i 51020 Main Road Southold,New York 11971 7BOard Tel: (631) 765-4330 Fax: (631) 765-4643 '� als October 2,2023 Leslie Kanes Weisman, Chairperson and Board Southold Town Zoning Board of Appeals Town Hall Annex, 54375 Main Road, Southold,NY 11971 Re Owner: Alexander& Tracy Sutton Premises: 25500 Main Road, Orient Appeal#7831 Dear Chairperson Weisman and Board: Alex and Tracy Sutton asked that I assist them with the Variance submitted to the Board. They are requesting that you grant approval for the 3rd floor to be converted to habitable space. This space is for their personal use. The owners purchased a three story dwelling April 8, 2021. The existing three story dwelling and the improvements in the existing dwelling were well documented when the Suttons purchased the property. The dwelling had been known as the Oysterponds Inn, a non- conforming tourist home,when the zoning ordinance was adopted in 1957. In 1966 John Rodden and his wife obtained a Zoning Board approval, appeal#990,to convert the tourist home to a rest home "Adult Rest home". The adult home ran for many years until the new owners asked to convert the adult home to a B&B. In 2003, Maintree Corporation purchased the property and wished to convert the adult home to a B&B with 5 rooms for 10 guests. The zoning ordinance allowed the B&B use in a single family dwelling. The owners converted the Adult Home to a"Single Family Dwelling" and obtained Special Exception#5307 approval for the B&B use. In this appeal,the Zoning Board observed and made certain findings of fact: "that on the third floor that there was a small accessory apartment probably used by the owner on a seasonal basis". The Board granted the B&B use without a condition that the habitable space on the V floor be removed. The existing improvements on the third floor remained. The existing third floor included a bedroom, living area, office area, and full bathroom. There was a gas line (possibly for heat) and air conditioners in the windows. The third floor had sheetrock on the walls, some insulation, with exposed beams, but no heat. A CO was issued in 2003_ (BP_#2967_9) for"conversion of existing - - --adult-home to single family dwelling"but the 3`d floor remained, as built. In 2011, the CO was reissued only to update the B&B use (BP#29679) and listed the 2003 CO. The third floor remained"as is." f. . In 2021, the Suttons applied for the B&B use which, as new owners, required the Board to reissue the Special Exception in their name for the continuation of the B&B use. The Board included in their determination, as "additional information"that in 2003, when the adult home was converted to a single-family dwelling that the third floor was converted to non/habitable attic(3`d floor). This was not accurate. In fact,the improvements on the 3`d floor remained, as built. The living area, office, bedroom, and full bathroom were existing and were never abandoned by the prior owners. The Board granted to the Suttons the B&B use. (Appeal#7527SE) However, at the Zoom hearing,right before closing the hearing, a Board member stated that"just want to add one comment and I agree that it's a straightforward application. I just wanted to remind the appellant that the third floor is non-habitable space and it's not to be used for any guests or any other residential purposes it's an attic." It was accurate that the space was not to be used for guests, but there was no record in any document that the space was "non-habitable" other than it did not have heat. The Board had noted in its 2003 decision that"there is a third floor with a small apartment probably used by the prior owners on a seasonal basis." (Appeal#5307) There was no record or evidence that in 2003 the "conversion back to a single-family residence included a "non-habitable"third floor as the Board stated in its 2021 special exception approval of the B&B. (Appeal#7527SE) The owners held their breath, anxiously questioning what to do. The Board, without any discussion,had eliminated an existing finished livable space. The space was existing and had remained unchanged since it was constructed. When the decision was received by the applicant,the Board added a condition that"the third-floor attic is not to be used as living space by the owner nor the B&B guests and is to remain unheated and unconditioned, for `storage' use only." The only option at the time was to appeal this decision in an Article 78 proceeding. A lawsuit is very expensive to commence, would delay the B&B opening, and cause the family significant financial strain. The owner begrudgingly accepted this condition. The space was used by the family as storage but left"as is." In 2023,the Suttons, for safety of their guests, replaced the electric service throughout the house. The 3`d floor was the last area to be addressed and walls had to be opened to remove the old knob &tube electric wires.In addition, significant bird and pest infestation in the existing partition walls of the third floor required them to be removed and replaced. At this time, a routine fire inspection of the B&B noted this activity and a stop work order from the town was issued. At this time,the partition wall framing had been nominally reconfigured by the Suttons to allow for the continued use of the third floor in the way it had been historically. When the electrical permit was obtained the stop work order was lifted and the building department required the owners to remove existing framing in the third floor and existing fixtures in the bathroom due to the 2021 ZBA Special Permit condition for the B&B use. The building department directed the Suttons that, either the existing framing,plumbing and electrical came down, or the B&B use would be revoked by the building department. Accordingly,the Suttons removed the in-process framing and plumbing fixtures, completed the knob and tube electrical replacement and had the third floor reinspected, at which time (June 2023)the electrical permit for the knob and tube repair was completed and closed, and the Suttons's operating permit for 2023 was-renewed. T-he-Suttons-subsequentlyfiled a building gerrhifto-improve the third floor, inclusive of partition walls,plumbing, HVAC and electrical. The Building Department issued the notice of disapproval requiring the Suttons to appeal to restore the 3rd floor as habitable space. The requested variance is to allow the 3rd floor to be improved with"habitable space"to be used by the owner and owner's family. This space is not for the B&B guests. The floor plans submitted with this application show that the space has been reduced to the owner's private office/studio,multiple storage areas, an open sitting area, and a half-bath(toilet/sink). When a variance application is made, "the zoning board of appeals shall take into 1 consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant." Town Law §267-b. This is a balancing test weighing the benefit to the applicant against the detriment to the health safety and welfare of the neighborhood. There is no detriment to the community's health, safety, or welfare from the proposed use of the 3rd floor. Any real concern about use of the 3rd floor is addressed by the provisions of the New York State Building Code which ensure that fire suppression is in place. The benefits to the applicant vastly exceed any potential "detriment"to the health, safety, and welfare of the community. As the Board considers this variance application, the provisions of the Town Law require the Board to "consider: (1)whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2)whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3)whether the requested area variance is substantial; (4)whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and(5)whether the alleged difficulty was self-created,which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance." Town Law § 267-b Applying the Variance standards: (1) Conversion of the existing space to "habitable space" will not produce a change to the character of the neighborhood or detriment to nearby properties. The habitable space is not visible from the outside. The exterior of the building has full sized windows,the roof height and width of the living area are preexisting The 3rd floor is within the 4 walls of the existing structure, with the same architectural features and exterior improvements. The property history shows that this space predates most of the neighborhood and neighboring properties. Prior to zoning the building was an Inn. The proposed use will remain a single-family dwelling and the 3rd floor space is solely for the owner's personal use. The benefit by the applicant can not be achieved by some other method feasible for the applicant to pursue. The space on the 3rd floor is existing and adding finishes to make the space usable as a habitable space is relatively simple and inexpensive. The alternative is to construct an addition to the existing dwelling. The 3rd floor, according to the assessor's records, is 1,305 SF. Despite the restriction placed on the use,the assessors have been taxing the 3rd floor the same rate as the 2nd floor. An addition to the house would be extremely disruptive to the B&B and would easily cost __the applicant 3522,000 for comparable-square-footage.--(Assuming-$400/sf-(standard cost - —of construction) x 1,305 SF) An exterior addition to the existing structure for the extra storage and habitable space currently existing on the 3rd floor is not economically feasible. a. (2) The amount of relief is not substantial. The relief requested is reasonable and a practical use of the existing 3`d floor. The 3`d floor is existing but the Board must grant use of the space (habitable) in light of the condition placed on the 2021 B&B approval. (3) There are no adverse effects or impact on the physical or environmental conditions in the neighborhood or district. The use of existing space inside an existing building does not adversely affect the environment. There is less affect on existing conditions of the property. There is no change to the existing footprint. In addition to the cost,the construction of new space [an addition to the building] has a greater environmental impact [use of materials to build] than the adaptive "re-use" of the already existing 3`d floor. As a matter of public policy,reuse of existing facilities is a preferred approach. (4) Has the alleged difficulty been self-created? Yes, the owners accepted the Board's condition in 2021 for the B&B use. The condition was upsetting to the family because, at that point, they were the owners of a 3-story house with a finished 3`a floor. This was not a condition placed on the prior owner's Special Exception and it was not anticipated. The prior owners had used the existing 3`a floor and the ZBA extinguished an existing use. The house was purchased with an existing 3`d floor which had been documented by the prior Board"that the 3`d floor finishes were existing (an apartment)" and no change to this space had been made by multiple owners. Existing Conditions: in order to continue to operate the B&B, the walls have been opened and the space is "unfinished space". The Family has updated all the systems in the existing house. Windows and the roof have been replaced and the house is in better shape than it was when it was purchased. We ask that you grant the owners the right to convert the 3`d floor to legal habitable space for the family. The B&B use will not change, the B&B rooms are on the 2nd floor. If the Board grants this request,the condition of the Special Exception will be addressed by this application, and the 3`d floor may be made habitable space for the owner's use. V y yo s, P is C. Moore PCM/bp Encls. a / QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATI N JUL .1 .7 2023 A. Is the subject premises listed on the real estate market for sale? Yes No Zoning Board of Appeals B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? 440 �RA 3.) Is the pope tyb} tllkk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Vic) E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? qQ0 Please show area of the structures on a diagram if any exist or state non o� n the above line. F. Do you have any construction taking place at this time concerning your premises? yQS If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: A�- —Z-O "'t oIJS G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? {40 If yes, please label the proximity of your lands on your survey. t I. Please list present use or operations conducted at this parcel ) -t"A-r,- and the proposed use (ex:existing single family,proposed:same with garage,pool or other) lAutriz d 4siVe�ttirheand Date BOARD MEMBERS SOF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson O� ry0l 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��yCOUMY Southold.NY If 971 ® htip://southoldtownny.gov ECEIVED ZONING BOARD OF APPEALS SEP 2021 i�u TOWN OF SOUTHOLD • Tel.(631)765-1809•Fax(631)765-9064 13 ti FINDINGS,DELIBERATIONS AND DETERMINATI N MEETING.OF SEPTEMBER 16,2021 Ael j 7Board ZBA APPLICATION: #7527SE Zonals APPLICANTS/OWNERS: Tracy and Alex Sutton PROPERTY LOCATION: 25500 Main Road, Orient,NY SCTM: 1000-18-6-10 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 H category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTYADMINISTRATIVE 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 June 4, 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, non-conforming, 40,314 square feet, .93 acre irregular-shaped parcel located in the R-80 Zoning District measures 102.62 feet along Main Road a.k.a. State Route 25 then runs south 228.90 feet along a residentially developed lot to the east,then runs west 94.92 feet along developed agricultural lands,then continues north 65.20 feet, 89.73 feet west and 181.22 feet north along the same agriculturally developed lands to the south and west. The lot is developed with a 3-story wood frame residential structure with a wrap-around covered first floor porch on the west, north and east sides,exterior emergency stairs from the second floor located on the east side of the structure and rear,wooden deck on the southside of the residence. The site is accessed via a gravel, circular driveway from Main Road with a parking court on the eastern lot line and a brick patio on the eastside located behind a wooden pergola spanning the distance between the residence and the eastern lot-line. A shed is also located in the rear yard,-all as shown on the survey prepared by John Minto,L.S.and dated March 10,2021. BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section 280-13B, subsection 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single- family dwelling, accessory and incidental to their principal residential occupancy under the Building Department's Pre-Certificate of Occupancy Z-11669 dated May 16, 1983. The existing 5 bedrooms-for---- _ --- -1 o d ging --lodging and-serving-of-breakfast to-10 B& B casual, transient roomers was created as the result of improvements made prior to the Zoning Code. �1= y Page 2,September 16,2021 #7527SE,Sutton B&B RECEIVED SCTMNo. 1000-18-6-10 ^ �� JUL 17 2023 1 ADDITIONAL INFORMATION: The subject parcel is the beneficiary of Z &&aigi(ftAW6T 4$p0ziW Exception) dated February 13, 2002 granting permission for the applicant tot rn"bed __rpera"bed and hmakfmt with 5 guestrooms for the lodging and serving of breakfast to 10 B&B casual, transient roomers. The subject parcel has a unique history as illustrated by the Pre-Certificate of Occupancy which outlines the property's development from an estate farmhouse to a group residence known as Oysterpond's Home For Adults (in operation from 1946 to the early 2000's) and its conversion back to a single family residence w/non-habitable attic(3'floor)in 2003. The applicant acquired the premises on April 6, 2021 and proposes the continuation of the B&B use as established by the previous owner and includes the following evidence to support their full-time residency: • Bargain And Sale Deed, delivered April 8,2021 • Schedule A-1 (Description of the Land)provided by Fidelity National Title Insurance Company • Copy of NYS Driver License for Tracy Sutton,issued May 3,2021 • Copy of NYS Driver License for Alexander Sutton issued May 3,2021 • Copy of 2020 Federal Tax Return - • Copy of 2021 Form 1040-ES Payment Voucher(1,2,3,4) • Copy of 2020 US Individual Income Tax Return form 1040 • Copy of an Optimum(cable)bill for service at the subject premise • Copy of a National Grid(gas)bill for service at the subject premise • Copy of a STAR registration via the NYS Department of Taxation and Finance dated May 3,2021 The applicant provided a site plan for parking illustrating owner's parking(2 spaces)plus a space for each guest room(5 spaces)for a total of 7 on-site parking spaces and floor plans for the I"and 2nd floors,stamped by John J.Condon,Licensed Professional Engineer,dated April 28,2021. Members of the Zoning Board of Appeals performed an interior site inspection on August 24 and/or August 25,2021. The applicant's agent addressed a pergola, attached to the eastern side of the house, that the Building Department has determined would not need a variance if it is detached from the house,since it would be considered a fence. However,the improvement requires a building permit, and the applicant will apply to the Building Department for same and obtain a certificate of occupancy in a timely manner for this "as built"improvement. The Zoning Board of Appeals requested the Town of Southold Building Department Fire Marshall to offer commentary. Ina reply dated September 2,2021,the Fire Marshall indicated his support for this application and indicated that no violations to the State and/or Town Code were found. In his commentary he noted that an additional carbon monoxide detector was required. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 2,2021 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. Tracy and Alex Sutton,the applicants herein,are the owners of the property,25500 Main Road aka SR25,Orient,NY(SCTM: 1000-18-6-10). It is improved with a single-family residence consisting Page 3,September 16,2021 E17,2023 ED#7527SE, Sutton B&BscTMNo. l000-is-6-lo of a basement and two habitable floors above with an attic access &,4Wva s the survey prepared by John Minto,L.S.and dated March 10,2021. 2. 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: tax return, utility bills, driver's license, STAR Exemption). 3. The owner/applicant submitted the following documents to confirm the principal occupancy of the dwelling National Grid(gas)bill and Optimum(cable)bill. 4. The applicants plans comply with the on-site parking requirements and provide for seven(7)parking spaces, two (2)for the principal single-family use and one(1)for each of the Accessory Bed and Breakfast bedroom(s). 5. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. 6. 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. 7. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 8. This accessory Bed and Breakfast will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 9. 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. 10. 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. 11. No adverse conditions were found after considering items listed under Section 280-142 and 280- 143 of the Southold Town Zoning,Code. 12. 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 Planamento,seconded by Member Dantes, and duly carried to GRANT the Special Exception permit for an Accessory Bed and Breakfast for 5 guest bedrooms rooms (and a maximum of 10 B&B guests),to be used only in conjunction with the applicants-owners residence, as applied for and shown on the survey prepared by John Minto,L.S. and dated March 10,2021 and Site Plan Floor Plans,stamped by John J.Condon,Licensed Professional Engineer,dated April 28,2021. 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. RECEIVED Page 4,September 16,2021 #7527SE,Sutton B&B JUL .k.7 202 SCTM No. 1000-18-6-10 Zoning Board of Appeals 3. The applicant is to install a carbon monoxide detector per the Town or Soutri Department Fire Marshall's inspection report dated September 2,2021. 4. The third floor`attic' is not to be used as Iiving space by the owner nor by B&B guests and is to remain unheated and unconditioned,for `storage' use only. 5. The applicant must detach the as built pergola from the house and apply to the Building Department for a building permit for an as built"fence: per testimony at the public hearing,within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals,or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to apply for a building ep rmit in the time allotted. 6. The applicant must obtain a Certificate of Occupancy from the Building Department for the as built"fence//pergola"and submit same to the Office of the Zoning Board of Appeals within six months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 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 andlor 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),Dante, and Planamento (Member Acampora and Lehnert were Absent). This Resolution was duly adopted(3-0). Leslie Kanes Weisman, Chairperson - - -- -- Approved for filing �/ / /2021-- --- — - -- --— - — -- -- - --- - - -- - - TOWN OF SOUTH. OLD, NEW YORK November 17, 1966 ACTION OF THE ZONING BOARD OF AY AL Q�r ... .. Appeal No. 990 Dated Nove er 3, WEIVED ACTION OF THE ZONING BOARD O-P APPEALS OF THE TOWN OFRe f r� To Stanley Corwin, Esq. a/c John M. Rodd e & Wi9UL1./ 20Qpellant Main Street Robert Zimme an and Wife Greenport, New York at a meeting of•the Zoning Board of Appeals on Thursday, November 17, 1966 the appe was considered and the action indicated below,was taken on your Request for variance due to lack of access to property Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance - 1. SPECIAL EXCEPTION. By resolution.of the Board it was determined that a special exception ( ) be granted (- ) be denied pursuant to Article ............... Section ................ Subsection paragraph ................ of the.Zoning Ordinance, and the decision of the Building Inspect&--( ) be reversed ( ) be confirmed because 8:15 P.M. (E.S.T.), Upon application of Stanley Corwin, Eaq., 114 Main Street, Greenport, New York, a/c John M. Rodden and Wife, and Robert Zimmerman and Wife, for a special exception in accordance with the Zoning Ordinance; Article X, Section 1007, Subsection (b), for permission to change the classification of a non-conforming multiple residence. Location of property: south side Main Road, Orient, New York, bounded north by main Road, east by Frank J. Miller, south by H.M. Demarest & Sons, west by Private Road. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordlnagce-,(would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE - (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not)change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confluned ( ) be reversed. ` M ZONIN BOARD OF APPEALS — FORM ZB4 Barbara C. Dittmann, Secretary RECEIVED After investigation and inspection. the Board finds that the JUL 17 2023 appellant requests permission to change the classification of a non-conforming multiple residence. The Board finds that the Zoning Board of Appeals premises in question are presently known as the Oysterponds Inn, a non-conforming tourist home use in a residential district; a use which existed prior to the passage of the Zoning Ordinance in 1957. The proposed new use of the premises is for an adult rest home. The building in question contains twelve rooms, two halls, pantry, four bathrooms, two lavatories, attic and full cellar, with a detached garage, all on a plot comprising about one acre. The Board determines that such a use of the premises is considerably more restrictive under State Law than the operation of a tourist home, and that the new use must conform to the New York State j Multiple Residence Law and comes within the jurisdiction of the New York State Department of Social 1$Welfare. The Board determines further that the proposed. use of the premises for an adult rest home is of the same or higher classification compared, to. the present use as a tourist home. Those who are guest at� this adult rest home will require only,custodial care, no_Wtiett care. ,. There is no restriction of personal freedon. Necessary transportation will be furnished by the management or relatives and friends of the guests. The Board finds that there will be no infringement of the twelve clauses noted under Article VIII, Section 801 C la, and foresees no need for restrictions or safeguards in connection therewith. The Board is of the opinion that the proposed use will prdvide a much needed facility for the Town of Southold. TheBoard finds that the public convenience and welfare add justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE, IT WAS RESOLVED that Stanley Corwin, Esq. , a/c John M. Rodden and Wife and Robert Zimmerman and Wife, be granted permission to change the classification of a non-conforming multiple residence on property located on the south side Main Road,Orient, New York, as applied for on the application to the Board of Appeals, application dated November 3, 1966. rAPPEAii:,S BOARD MEMBERS t-, �S11FFrD�,�c �y4 �Gy Southold Town Hall Lydia A.Tortora, Chairwoman V 53095 Main Road Gerard P.Goehringer w P.O.Box 1179 George Homing O RECEIVED Southo d,New York 11971-0959 Ruth D. Oliva ZB Fax(631)765-9064 Vincent Orlando �'� �' JUL 1,7 2023 Tele hone(631)765-1809 http://s utholdtown.northfork.net BOARD OF i Q Board of Appeals RECEIVED i TOWN OF SID FINDINGS, DELIBERATIONS AND DETERMINATION APP 1 4 2aa3 MEETING OF APRIL 3, 2003 �!4 Appl. No. 5307—MAINTREE CORPORATION {.s '"``"�� "�• Location: 25500 Main Road, Orient; Parcel 18-6-10. Aaothold Tow"C erk REQUEST MADE BY APPLICANT: This is a request for a Special Exception under Article III, 100-31 B, 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: — -- -- -- r ` Page 2—April 3,2003 Appl.No.5307—Maintree Corporation 18-6-10 at orient RECEIVED ! JUL 17 2023 . Zoning Board of Appeals 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 100-284'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 -- ia A. ora, Chairwoman /� 3 i r FORM NO.41 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector — Town Hall RECEIVED Southold,N.Y. JULA",7 2023 Certificate Of Occupancy Zoning Board of Appeals No. . . . Z.1.31 1 0. . . . . . . Date . . . . . . :la n . . 4. . . . . . . . . . . . . . . . . . .. 19 B� THIS CERTIFIES that the buildingA d d i tion & K i t c h e n a 1 t e r a,t i o n, , , , , , , , , , , , , , Location of Property 25500,Main Road (30-300 , , , , Orig. . House No.Street Hamlet County Tax Map No. 1000 Section . . 8 . . . . . . .Block . .6. . . . . . . . .. . .Lot . . . . . .? o. . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . .Filed Map No. . . . . . . . .Lot No'. . . .. . . . . . . . . conforms substantialiy'to the Application for Building Permit heretofore filed in this office dated day. .3. . . . . . . . . . 19$4.pursuant to which Building Permit No. ?3.1.05Z. , , , , , , , , , , , , dated . . . . . .Mai'. .? . . . . . . . . . . . . . . . . 1984 . ,was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . . . . . . . . . . . . . . .an addition & kitchen„alteration: . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . Curt. . . . . . . . . .Nancy E . Norklun ( Oysterponds .Adult Home ) (owner } �X X. . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . M4 , . , , , , , , , , , , , , , , . , , . , UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . . Ali 6 7?A6 9, , , , , , . . . , , , , . . . PLUMBERS CERTIFICATION 12/11 /84 . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 FORM N0.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. JULI'1' 2023 Certificate Of Occupancy Zoning Board of Appeals No.714.946. . . . . . . . . . Date . . . . . Oct . . 3.. . . . . . . . . . . . . . . . . . .. 19 86 r THIS CERTIFIES that the building . . . . Elevator . . . , . . Location of Property 30300 Main_ Road . Orient /-louse vo. Street Hamlet County Tax Map No. 1000 Section 1$. . . . . . . . . .Block . . . . . . .06. . . . . .Lot . . . , ,10. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated ,March, 3, , , . , , , , , , , 19 . 8.Epursuant to which Building Permit No. . ,14 602 Z dated . . . . . . . . . . . . . . . . 19 . P6,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 . . . . . . . . . l;J�Vaox . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to C-U.RTIS. A, , lx. N419c,), ,F, , NORKT,UN , (OYSTERPONDS_ ADULT .HOME) (owner,kxomxVp i4y of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . N/A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . Pendine . . . . . . , . . . . y C-t Building Inspector Rev.1/81 !lam Town of Southold Annex 3/25/2011 54375 Main Road Southold, New York 11971 �� RECEIVED CERTIFICATE OF OCCUPANCY JUL 17 2023 Zonin No: 34880 Date �g�a2011 Appeals THIS CERTIFIES that the building RESIDENTIAL ALTERATION Location of Property: 25500 Route 25,Orient,NY 11957, SCTM#: 473889 SecBlock(Lot: 18.-6-10 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 1/1/1900 pursuant to which Building Permit No. 29679 dated 3/25/2011 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: Convert existing adult home to single family dwelling Special Exception#5307 issued 4/3/03 for a B &B. This Certificate of Occupancy replaces COZ-29680 issued 9/2/03 and was updated only for B&B information. i The certificate is issued to Turturro,Joan& Leshaw, Howard --- .... _ (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Autho ' Signature SUEfOt�co Town of Southold 2/3/2016 P.O.Box 1179 • 53095 Main Rd per' Southold,New York 11971 • dol,� ;�a CERTIFICATE OF OCCUPAN Y JUL 1',7 2023 No: 38084 Dat ;Zoning §PfflAp6Appeals THIS CERTIFIES that the building ELECTRICAL Location of Property: 25500 Route 25, Orient SCTM#: 473889 Sec/Block/Lot: 18.-640 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 11/17/2015 pursuant to which Building Permit No. 40275 dated 11/17/2015 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: UPGRADE ELECTRIC AND LIGHTING IN KITCHEN The certificate is issued to Turturro,Joan of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 40275 12-01-2015 PLUMBERS CERTIFICATION DATED Authorized Signature ��o��S�fFU1 Town of Southold 12/18/2021jw o - P.O.Box 1179 y 53095 Main Rd Southold,New York 11971 RECEIVED JUL 1..7 2023 CERTIFICATE OF OCCUPANC Zoning Board of Appeals No: 42635 Date: 12/18/2021 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 25500 Route 25,Orient SCTM#: 473889 Sec/Block/Lot: 18.-6-10 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 5/13/2021 pursuant to which Building Permit No. 47023 dated 10/25/2021 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: "as-built"pergola addition to existing single family dwelling as applied for. The certificate is issued to Sutton,Alexander&Tracy of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED AVIL tho 'ze gnature . I I c '. Town of Southold 6/4/2022 a� y� P.O.Box 1179 53095 Main Rd RECEIVED N � , Southold,New York 11971 mol ;r JUL � 7 2023 Zoning Board of Appeals CERTIFICATE OF OCCUPAN No: 43115 Date: 6/4/2022 THIS CER'T'IFIES that the building WINDOWS Location of Property: 25500 Route 25,Orient SCTM#: 473889 Sec/Block/Lot: 18.-6-10 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 7/9/2021 pursuant to which Building Permit No. 46598 dated 7/21/2021 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: rrplacement windows to existing dwelling as applied for. The certificate is issued to Sutton,Alexander&Tracy of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED . Authori d Signa e �o�SUEfOLk�oGy Town of Southold 12/3/2022 P.O.Box 1179 lb 53095 Main Rd FRECEIV7EDSouthold,New York 11971 UL 1, CERTIFICATE OF* OCCUPAN zoning Board of Appeals No: 43650 Date: 12/3/2022 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 25500 Route 25,Orient SCTM#: 473889 Sec/Block/Lot: 18.-6-10 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/28/2021 pursuant to which Building Permit No. 46552 dated 7/9/2021 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory in-ground swimming pool fenced to code as applied for. The certificate is issued to Sutton,Alexander&Tracy of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 1 ELECTRICAL CERTIFICATE NO. 46552 11/4/2021 PLUMBERS CERTIFICATION DATED Ahed ature o�SUFF�1�G. . Town of Southold 1/25/2023 y� P.O.Box 1179 Ca _ 1 53095 Main Rd A0 aSouthold,New York 11971 r � RECEIVED CERTIFICATE OF OCCUPANCY JUL 1°7 2023 Zoning Board of Appeals No: 43784 Date: THIS CERTIFIES that the building SOLAR PANEL Location of Property: 25500 Route 25,Orient SCTM#: 473889 Sec/Block/Lot: 18.-6-10 Subdivision: Filed Map No. Lot.No. conforms substantially to the Application for Building Permit heretofore fled in this office dated 5/20/2022 pursuant to which Building Permit No. 47976 dated 6/21/2022 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: roof-mounted solar panels on existing single-family dwelling as applied for. The certificate is issued to Sutton,Alexander&Tracy of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 47976 12/30/2022 PLUMBERS CERTIFICATION DATED A o ize S griature i _,OWN OF SOUTHOLD ,> o�SUF¢nta�oGa";, BUILDING DEPARTMENT TOWN CLERK'S OFFICE o ® r SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) �(�\ Permit #: 49289 7RECEIVEaD _Permission is hereby granted to: . Sutton, Alexander 25500 Route 25 7nning Board of Appeals Orient, NY 11957 To: legalize "as built" alterations to existing single-family dwelling as applied for. Additional certification may be required. At premises located at: 25500 Route 25, Orient SCTM # 473889 Sec/Block/Lot# 18.-6-10 Pursuant to application dated 4/20/2023 and approved by the Building Inspector. To expire on 11/20/2024. Fees: AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $731.20 CO -ALTERATION TO DWELLING $50.00 Tidal: $791.20 Building Inspector WN OF SOUTHOLD � su¢foiIre BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY " BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 49288 Date: 5/22/2023 Permission is hereby granted to: Sutton, Alexander �25500 Route 25 Orient, NY 11957 To: legalize "as built" generator as applied for. JUL 1.,7 2023 Zoning Board of Appeals At premises located at: 25500 Route 25, Orient SCTM # 473889 Sec/Block/Lot # 18.-6-10 Pursuant to application dated 4/20/2023 and approved by the Building Inspector. To expire on 11120/2024. Fees: CERTIFICATE OF OCCUPANCY $50.00 ACCESSORY $200.00 ELECTRIC $170.00 Total: $420.00 Building Inspector G �- LAW OFFICE OF PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 631.765.4330 MEMORANDUM TO: FROM: n/ PA 1 RICIA C.MOORE(Bo/?X,) SUBJECT: f)u h -a- -7 F3 ( zoN GBOARD DATE: CC: COMMENT: (AS( e l 7f .e RECEDIFn OCT 2023 BOARD OF APPEALS r � i ` 3 �00 i t �<y' Till Ti s E # s Yi \ J •.fi Edf \ V/1 i QED OCT 6 2023 2ANING BOARD OFAPPEALS - ------------ N R.' I1IED JUL..1 7 2023 AGRICULTURAL DATA STATE r�irlg Board ofq . ZONING BOARD.OF APPEAL PPeals TOWN OF SOUTHOLD WHEN TO USE THIS FORM.• The form must be completed by the applicant for any special use permit,site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation 'located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: 2) Address of Applicant-_2 G 50-0 it&o j 0 © l 3)Name of Land Owner(if other than applicant) 4)Address of Land Owner: 5)Description of Proposed Project: ; T TN'C- A l+--ec',c-6•aC1N 6) Location of Property(road and tax map number): . 7)Is the parcel within an agricultural district? ❑No Yes If yes,Agricultural District Number 8) Is this parcel actively farmed?VNo.[]Yes 9) Name and address of any owner.(s) 'of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors. Office, Town Hall location (765-1937) or .from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. c o $O� 471 o�`IYNt,N 2. .P t til N l Oo 2 3. 3 t-L At >i (\ Q 2-( 4. . - - i �Z `l O�SdCI . ilQ 1S q__10C�2 5 6.. (Please use back side of page if more than six property owners are identified.). The lot numbers may be obtained, in advance, when requested from.either the Office of the Planning Board at 165- 38 or the Z n' g Board of A peals at 765-1809. Sigr�atur of App scant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation wilLbe made by supplying.a copy of this statement. 2:Comments returned to the local board will be taken into consideration as part of the overall review of this application. _ 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for-review.-Failure to-pay at such time means the application is not complete andcannot be acted upon by the board. 1-14-09 617.20 � � Appendix B Short Environmental Assessment Form RECEIVED Instructions for Completing JUL 17 2023 Part 1 -Project Information. The applicant or project sponsor is responsible for the ompletion of Part 1. Response become part of the application for approval or funding,are subject to public review,and gW1@e0Aa dirtMAPg*§ti n. Complete Part I based on information currently available. If additional research or investiggttomae 'a to full respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): 2-5660 V-�M� v'>A I t; ems+i tJ X VRTI Brief Description of Proposed Action: AM C —tD l c�c0Js��o Name of Applicant or Sponsor: Telephone: i(p —�j? 1JQ�C `jUT�1C�� E-Mail`jt"��C�i? Address: City/PO: State: Zip Code: 7 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑ Rural(non-agriculture) ❑Industrial ❑Commercial- )kesidential(suburban)-- -- ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? RECEIVED b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant char cter of the existtrig bu r natur I i NO YES landscape? S ` X' 7. Is the site of the proposed action located in,or does it adjoi a state este r�tical ntal Area? NO Y/E\S If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X' 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? x� b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: •%..,';'^:ice,._,fir,. 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:11 ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? O YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, - / a.Will storm water discharges flow to adjacent properties? �NO 11 YES /,(` b.Will storm water discharges be directed-to established conveyance systems Qrungffand storm drains)?- If rains)?If Yes,briefly describe: O❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property ben the lo �etive or closed NO YES solid waste management facility? If Yes,describe: jUL 17 2023 20.Has the site of the proposed action or an adjoining property+(rN%REffPr going or NO YES completed)for hazardous waste? If Yes,describe: A I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BE/ST- OF MY KNOWLEDGE Applicant/spons name: Date: Signatur t Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" r"s No or Moderate +'N small to large impact impact , may may occur occur w,> 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, -__—_architectural or-aesthetic-resources?------ -------- -- -- --- - ---1—--- --------------- -------- 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potentialerosion,flooding or drainage fo problems? Zoning Board of Appeals 11. Will the proposed action create a hazard to environmental resour uman ealth? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 - R'ECEIVEID SEP 2 8 20231I AGENT/REPRESENTATIVEBoa l d Appeal s ing TRANSACTIONAL DISCLOSURE FORM Zon The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME :MOORE,PATRICIA C. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP — - Submitted-this - -�• ---�20- - - --- -- - ---- Signature Print Name Patricia C.Moore APPLICA WNE RECEIVED \ TRAN SURE FORM �� 1 JUL `, 1023 The Town of Southol&s Code of Ethics prohibits conflicts of interest on the art of town offices and em to ees: a ur ose of this form is to provid&information which can alert the town of possible conflicts of interest and allow it to/fake whatever action is necessary to avoid same. Zoning Board of Appeals l � �p� H r YOUR NAME: \ N -'"` AG ., ,� (Last name,first name,middle initial,unless you area plying In the name of someone else or,'bther entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion r' Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?`"Relationship"includes by blood;marriage,or business interest."Business interest" means a business,including a partnership,in which the town,officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. , YES NO If No,sign and.date below.If YES,complete the balance of this form and date and sign where indicated. r Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a. corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant; or D)the actual applicant \\ DESCRIPTION OF RELATIONSHIP f . Submitted this / day of 20 Signature \' Print Name r� r C C13 C > CO a� CO 3 � U i Q CO U_ _W Q � � r s +� 1 � .+ts C;� W Ca 0) L-R attic entrance, west elevation o north elevation, south east elevation N 9M, , �r ti .�. 11 4p r i so M a �, 0 LIJ N > p i w r-1 U LU J 01 C_ � C H O H R s A L-R north west elevation,south west elevation south elevation, east elevation t � t " M I1 / N a o Q ti LU 's � r r U LLJ 'D J O Birds nest near breaker box Old bathroom vent on side of house egress for birds 717 M , s ti • i .p x e Wall where birds were living Birds living in between framing Etrry� .f:.x•;ar;, � s,, � •�. ,� AfJ� .- s,� � t .y il!nueW • �- tF LU .'' '- -� 3 [ .i`ir vim. 4 - ' °T:; t _` ,, � .,• • ;. We LU 7D LU ::D m l `, ♦ TMf�r vMn f - 1 • r� y► 1 •�s.,�: 0 7 Birds nest near vent hose Debris from nest once removed � 1 r Wasp nest in ceiling & electric wires Multiple nests near vent hose ` .. I Irl �l I V m a I C) o OL Q w N 4 I Uj L- U U o Lu CO • o N North east elevation/ old bedroom Drop ceiling in old bedroom r AC y•� East elevation / old bedroom South elevation old bedroom /{ s V) J e., cz:) \Y J H -i w L U --j W m C cn c �I► s � � ti r Viewing west ceiling in old main living space North elevation of old living space t r p4 S Bread Crumbs _ J •- • - --'----'°ftft� y R South west elevation of old office West elevation of old office P'it ' S v M Q !i d 0 o Q i LLJ c V 4— H 0 LU .L 0 N Sink in old apartment bathroom Shower stall in old apartment bathroom r i • w `� Toilet & base of sink in old apartment bathroom TOWN OF SOUTHOLD' PROPERTY RECORI QOWNER STREET ;,_":; ?`, ;_. VILLAGE DIST. SUB. LOT w t F'�t:rf}.�/f�p� / f✓Gpy'-�t� 1, x`,x�=rafi� FORMER OWNER M trig ' I�i' N i,s, ' h _ E � ACR. , l r y '>t?3v�2eL a6v \ �[yz1 ii 2 . "J}r' ; /y7e?ui ;^_!C%t'/-;fit.{ S W TYPE OF BUILDING_. , 1 r....`...L �. S•'�uif' Ir~-i 4��"t=�<�d�i{ ,..� I S";t.'.`t".£ jtx��i_i'j.5"�"x.� rt' L SEAS. VL. FARM CB. MISC. Mkt. Value x G^�.-�.a'-moi• r! --'1•-1.,,.. / ^.!y;, 't � N - rr LAND S10 t' `IMP. TOTAL DATE REMARKS /42 Lj t, r '� F .� d.' G5 :f/'' �};r' 1 j• �, f°"'/ r�` 'F -l! f, — ��n � ♦A � �} .�+'/ f`�' r+ �.J J'� r'1 r `•'. '�' �✓ L i'e r:3 :,,�. :r�; t. r`r'` :t /r `•' .a�/.�..�', A<l i,' ' ,'�^' ) ,I^' 1M - = r} t�'1,--:: .tel '»> >#� .r'_.r - i� '? s✓ ..,.F'�.f;•'". `� t,,.:,, t ,,� >,,..n. - t ;izr"'�'.' 4 ii r �.e..._• '� -.. j _ �• � � ; ! / ,t _ f t j .rte,.; — � �J.`�d.,< ; 0 f� •-r/ /� !•7��'.'f., `rte:.� r�t, Llk.`.7 — /T'�fff�f f -, �fL to ( !,^. 1 � # i �d 4") f x .i ;fie AGE BUILDING COND,IT'ION '+ (^ •, S.' - rr /Lr''rf� i' c.ir ��% ''.,,_ Y".1.�,,.�— r;C •;r r"rye' 4, NEV✓ NORMAL j BELOW G• !r1 :t 21 FARM ~ Acre Value Per Y ! Value '. .. tyAcr2L Zj 7rr2 n i' - ^f✓ �L +( /fi f�t /� � �il jjd,�fr t-#`r i./LY' i. £"i':/d+i�{'r` l jJi fes^ C �'t -'i J ( >t' y= t (ZC) i"�1 j ,�{�.� i� � t`•'Y'S 1, A SR �C t.tr�1 t f, !' �. i�_'f dpi ( C:/'+ ( � i i Tillable 2 Tillable 3 0 � Woodland w m° CD Swampland MONTAGE ON'WATER '- C Brushland N FRONTAGE ON ROAD / r House Plot DEPTH l -B4&NE-HEAD -- � r` DOCK Tota! `J ^ r�r ?�`�- -��`.-'. t� `�Jr' �» � aE�r� a.'✓ .`� _ —.— ��a,�- �...,I31td•_N�r•`�?t _`�"�'k-t_.✓rG :ar, � -� ! ,�61 �150! .i r. ZOLOR TRI A%+Ell ��rsi'rr,.r4,p�•. �s��,-.w"+a;�'.`'-:;'':,;:",...:�•"a:'• _':...��+.<'S�.Y�-�..�-" .�"r ,y �v _ may` _ _ _ n ' y3"+� x .-.+«.cess�v,��w+^- d. }�•M1'�+� ^u"3a,_• ,J'I' — r M. Bldg. _r �'f, Q M � . fir i�r 1 Found �on Bath s=� Dinette } I v r � . �- �.. W ,, _ rr ? �, Floors Extensionl� `�J Basement t,. f sf I �✓/ % r inish (°r` LR. Extension W �``' Ext. Walls ( �?. t . Interior F (`..; ,{,ri f - DR p� r ! Heat . :xtension :':}` c G 'i I Fire Place t - A 6, y, r pJ Tyke Roof Rooms lst'FIoor BR. - �-� t Recreation Roo Rooms 2nd Flo FIN. B. Porch Porch _a Dormer ``4f ' i::�j�J �Y• `r. `{ �;� S•�. li•:°" ! 1 ( �-� Driveway , r, tom' •Si,l. _, _ '� Cr Breezeway Garage `: d _ -- ----- ------- - r Patio2>2 2e Total 1. ------ ------ ---------- ---------- ------ ------- ---- ---- Total --- ---------- --- -e-=---s�.------------ - -- t. -- SO FT 3 ` > m CL N � Q O Q 111 N O W O Uj CY-1 y 5 C s ; C: fid. Y N CB M. Bldg. �� Foundation ew THER Bath ��' Dinette J_ =.. a . :t'`• s� COMBO Extension _ 3,fe1 Basement SLAPARTIAL Floors © Kit. Extension3t 3Finished B: Interior Finish® L.R. Extension FP/W13S Heat �,1 D.R. Garage Ext. Walls Color *i BR Porch ] Dormer Trim Baths. � r Deck/Patio Roof ?G C01 Fin"B"SO FT Fam. Rm. Pool Solar 1st Fir Foyer �f A.C./GEN � �-* .� 2nd Fir Laundry- O.B. Library/ Study Docked r - SCTM # �-/0� TOWN OF SOUTHOLD PROPERTY REC� r i OWNER STREETp? 0(� VILLAGE DIST. SUB. LOT ACR. REMARKS Al TYPE OF BLDG s PROP. CLASS 1 9 LAND IMP. TOTAL DATE °00 15 000 l4?47- a , S 7 0110J 111 ;a r� t� J Sj ?I V d L a+ . J o m ' C FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL i ZBA CHECK FEES - 2023 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 7/17/2023 McElroy, Patrick 7830 $1,250.00 4036 7/21/2023 7/17/2023 McElroy, Patrick 7830' $1,000.00 4119 7/21/2023 7/17/2023 Sutton,Tracy&Alex 7831 $1,500.00 6984 7/21/2023 7/19/2023 Disapio,Charles 7832 $1,500.00 1276 7/21/2023 7/19/2023 Martin, Robert 7833 $750.00 257 7/21/2023 j 7/20/2023 Finnegan for Pisani, Edwin 7834SE $500.00 1264 7/21/2023 7/20/2023 Finnegan for Pisani, Edwin 7834SE $500.00 1266 7/21/2023 I I I I I i i $7,000.00 i i i RECEIVE® i JUL 2 4 2023 Southold Town Clerk I I i i i I I i ,vn of Southold N.O Box 1179 - Southold, NY 11971 i * * * RECEIPT i Date: 07/24/23 Receipt#: 313696 Reference Subtotal Quantity Transactions 1 ZBA Application Fees 7830 $2,250.00 1 ZBA Application Fees 7831 $1,500.00 j 1 ZBA Application Fees 7832 $1,500.00 1 ZBA Application Fees 7833 $750.00 1 ZBA Application Fees 7834SE $1,000.00 Total Paid: $7,000.00 I i Notes: i i I i Payment Type Amount Paid By CK#1264 $500.00 Finnegan, Law P. C. CK#1266 $500.00 Finnegan, Law P. C. CK#1276 $1,500.00 Finnegan, Law P. C. CK#257 $750.00 Martin, Robert CK#4036 $1,250.00 McElroy, Patrick & Kerri Ann CK#4119 $1,000.00 McElroy, Patrick & Kerri Ann CK#6984 $1,500.00 Sutton, Alexander&Tracy i i i I Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 i i i I i Name: Finnegan, Law P. C. PO Box 1452 Maiituck, NY 11952 Clerk ID: JENNIFER Internal ID:7834SE 61111t 4V 6t -W f908b203-bd63-423e-a024-2db22f103ecd kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 5, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 5, 2023: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http:Hsoutholdtownny.gov/calendar.aspx. 10:00 A.M.-WALTER GLESS#7826- Request.for Variances from Article XXIII,Section 280-124; and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to legalize the"as built" demolition of an existing residence(as per Town Code definition) and to reconstruct a single family dwelling;at 1) less than the code required minimum rear yard setback of 35 feet; located at 800 Koke Drive, (adj. to Corey Creek)Southold, NY.SCTM No. 1000-87-5-7. 10:10 A.M.—QJSG PROPERTIES, LLC#7827-Request for Variances from Article III,Section 280-13C; Article III,Section 280-15;Article XXII, Section 280-105D(4);and the Building Inspector's May 9, 2023,Amended July 28, 2023 Notice of Disapproval based on an application for a permit to install additional deer fencing and to construct an accessory potting shed, a chicken run with coop, a goat barn,an accessory artist studio structure, barn, and two(2) hoop houses,and to legalize an "as built" accessory pergola, a greenhouse and two (2)sheds on rural residential property; at 1) the proposed artist studio use in the accessory building is not a permitted accessory use; 2)seven (7) proposed accessory structures located in other than the code permitted rear yard; 3)four(4) "as built" accessory structures located in other than the code permitted rear yard;4) deer fencing located in the non-permitted front yard or primary front yard jocated at: 38015 NYS Route 25, Orient, NY.SCTM No, 1000-15-2-15.7. 10:20 A.M.-JOSEPH C. MCCORMACK,JR.#7828.- Request for Variances from Article XXIII,Section 280- 124, and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family SOUTHOLD TOWN BD OF APPLS 2 I I f908b203-bd63-423e-a024-2db22f103ecd I(imf@southoldtownny.gov I AFFIDAVIT OF PUBLICATION ��; The Suffolk Times- I, dwelling; at 1) less than the code required minimum primary front yard setback of 35 feet;2) less than the code required minimum rear yard setback of 35 feet; located at: 2670 Stillwater Avenue, Cutchogue, NY.SCTM No. 1000-136-2-17.1. 10:30 A.M.- PATRICK MCELROY#7830-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207A(1)(b); and the Building Inspector's May 25, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition)and reconstruct a single family dwelling; at 1)located less than the code required minimum primary front yard setback of 35 feet;2) located less than the code required minimum side yard setback of 10 feet; 3) more than the code permitted maximum lot coverage of 20%; 4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at:440 Third Street, New Suffolk, NY. SCTM No. 1000-117-9-20. 10:40 A.M.- MICHAEL AND NICHOLAS GIACONE#7829-Request for a Variance from Article XXIII, Section 280-123, and the Building Inspector's May 3,2023 Notice of Disapproval based on an application for a permit to legalize "as built"front porch and rear deck attached to an existing seasonal dwelling; at 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at: 270 Park Avenue Ext., (Adj.to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-123-8-27. 10:50 A.M.-TRACY AND ALEXANDER SUTTON #7831-Request for a Variance from Article III,Section 280-14 and the Building Inspector's June 28,2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to convert to habitable space in the attic (third floor) of a single family dwelling, and to rescind a condition of a permitted Special Exception; at 1) as per condition#4 stipulated in Special Exception file#7527SE,dated September 16, 2021 which states the third floor attic shall not be used as living space by owner nor by the Bed and Breakfast guests and is to remain unheated and unconditioned for storage use,only; located at 25500 Main Road,Orient, NY. SCTM No. 1000-18- 6-10. 11:00 A.M.- ROBERT S. MARTIN#7833-Request for a Variance from Article III, Section 280-15,and the Building Inspector's May 23, 2023 Notice of Disapproval based on an application for a permit to construct an accessory pool pavilion; at 1) located in other than the code permitted rear yard; located at: 1600 Little Neck Road,Cutchogue, NY. SCTM No.1000-103-4-13. 11:10 A.M.- KATHLEEN WALAS AND THOMAS SARAKATSANNIS#7835-Request Variances from Article XXIII,Section 280-124;Article XXXVI, Section 280-208A, and the Building Inspector's May 25, 2023,Amended July 7, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling with swimming pool addition; at 1) located less than the code required minimum front yard property line setback of 40 feet; 2) located less than the code required minimum side yard property line setback of SOUTHOLD TOWN BD OF APPLS 3 I f908b203-bd63-423e-aO24-2db22f103ecd I(imf@southoldtownny.gov j AFFIDAVIT OF PUBLICATION The Suffolk Times 15 feet; 3) the construction exceeds the permitted sky plane as defined in Article XXXVI,Section 280-4 o the Town Code; located at:750 Brooks Road (adj.to Pipes Neck Creek,Greenport, NY.SCTM No. 1000-53-1-16. 1:00 P.M.-CHARLES DISAPIO AND XANNE PEREZ#7832-Request for a Variance from Article III,Section 280-13C,and the Building Inspector's July 13, 2023 Notice of Disapproval based on an application for a permit to legalize an "as-built" artist studio with a half bathroom in an existing accessory garage; at 1)the proposed use in the accessory building is not a permitted accessory use; located at:5780 New Suffolk Avenue, (adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000-115-10-7. 1:10 P.M.—EDWIN J. PISANI#7834SE-Applicant requests a Special Exception under Article III,Section 280-13C(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:7180 Peconic Bay Boulevard, (adj.to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11-9.1. 1:20 P.M.—WILLIAM AND STACEY BRENNEN#7837-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,and the Building Inspector's July 24,2023 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 minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1050 Trumans Path (Adj.to Marion Lake), East Marion, NY. SCTM No.1000-31-12-5.1. 1:30 P.M.—NORTH FORK PROJECT 2, LLC. & NORTH FORK PROJECT 3, LLC.#7836- Request for Variances from Article III,Section 280-14 and Article III, Section 280-15;and the Building Inspector's June 20,2023 Notice of Disapproval based on an application to create a two lot subdivision; at 1) proposed Lot 1 is less the code required minimum lot size of 80,000 square feet; 2) proposed Lot 1 is less than the required lot depth of 250 feet; 3)a Greenhouse located on proposed Lot 2 is less than the minimum required side yard setback of 20 feet; located at 10020 Sound Avenue and 9650 Sound Avenue, Mattituck, NY. SCTM No. 1000-122-2-8.1 and 1000-122-2-24.4. 1:40 P.M.-CHRIS AND MARISA LAZOS#7809—(Adj.from Sept.7, 2023) Request for Variances from Article IV,Section 280-18;Article XXIII, Section 280-124;Article XXXVI, Section 280-207A(1)(b); and the Building Inspector's March 10, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) exceeding the maximum permitted two and one half(2 1/2)stories; 2)gross floor area exceeding permitted maximum sq.footage for lot containing up to 20,000 square feet(buildable)in area;3) more than the code permitted maximum lot coverage of 20%; located at: 1200 Leeton Drive, j Southold, NY.SCTM No.59-1-1. 2:00 P.M.- BUDD'S POND MARINA, INC.,AKA ALBERTSONS MARINA,WIRELESS CELL TOWER#7839: Request for Variances from Article XIII, Section 280-53; and the Building Inspector's August 9,2023, Notice of Disapproval based on an application for a permit to construct a new SOUTHOLD TOWN BD OF APPLS 4 f908b203-bd63-423e-a024-2db22f103ecd kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION \ The Suffolk Times wireless telecommunications facility; 1) having less than 160,000 sq.ft. as required for a second principal use (80,000 sq.ft. per principal use) in MII Zoning District where a principal use as a marina with boat storage already exists; 2) located less than the code required minimum rear yard, property line setback of 25 feet; 3) more than the code permitted maximum lot coverage of 30%; located at: 61405 Main Road,Southold, NY. SCTM#1000-56-3-15. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: September 21, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 5 I 1 1 f908b203-bd63-423e-a024-2db22f103ecd kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, � \ County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly 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: September 28,2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such, is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 29 day of September 2023 ota ySign ure A�� :° ,,��, S1ME OF NEW TORIC s ; NOTARY PUBLIC With 39S.W." Notary Public Stamp i SS1ON SOUTHOLD TOWN BD OF APPLS I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �e10F $oUTyO 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantesicc Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas PlanamentoaQ 54375 Main Road(at Youngs Avenue) COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 5, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 5,-2023: 10:50 A.M. -TRACY AND ALEXANDER SUTTON#7831 -Request for a Variance from Article III, Section 280-14 and the-Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to legalize"as built"alterations to convert to habitable space in the attic(third floor) of,a single family dwelling, and to rescind a condition of a permitted Special Exception; at 1) as per condition #4 stipulated in Special Exception file #7527SE, dated September 16, 2021 which states the third floor attic shall not be used as living space by owner nor by the Bed and Breakfast guests and is to remain unheated and unconditioned for storage use, only; located at 25500 Main Road, Orient, NY. SCTM No. 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 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. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809,or by email: kimf@southoldtownny.gov. . Dated: September 21, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ea%3F F01 ®KX Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Cm cisSouthold,New York 11971-0959 2 ap Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: September 5, 2023 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons,we will continue via Zoom Webinar, as well. Therefore, the October 5, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND 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. Below, please see instructions required to prepare for the ZBA public hea.ing whchulcludes: PLEASE READ CA]Z+EaFULLY. 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 September 28, 2023. 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 in person meeting,as well as video conferencing. 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 along with the mailing receipts and green cards by.September 28, 2023, 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 Hearing Page 2 MAILING INSTRUCTIONS: Please send by SPS Certified Mail Return Receip 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 September 18,2023. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellosktown.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.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls https:Hsoutholdtownny.gov/DocumentCenterNiew/9694/TentativeRo112023 IMPORTANT I=NSTRUCTIONS: Scan and emailghe AUSP5 mailing reeeipts, green signature cards and affidavits -to kim, southoldtownnys ov;rand **�PROIVIPTL'Y`'US�PS MAIL*'*.the�.O.RIGINLS CA= to f:} ;4'ts�,��.:"�g�5• `.f� '...r.'1�✓e" - .�.} E- ;.v. :.�5 -•- _ - _ =- � 4I.�..x � - --.,� -3��-��Be"fi"t -�& - ' the Town of Soutliol'd;>Z*BA,P:® B;ox:11.79,•:Southold NY Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. 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 j as instructed, please let us know. Kim E. Fuentes—Board Assistant A I I Laserfiche Instructions for �o Zoning Board of Appeals Records i j,3w•^+�A �jy Governnten Servic,:s '!situ[ FirnvPJaX..- #. I I l S if i Y 4f' i e �,: '.R '^Fr { •IG�('� '�'3? L `r ,�l�a t..:�l�i• "j3"�•�'•' •`iR"' .•,IY�..' .��+',.+,. u) ems`- .�Ma �ixtiasR'� ,�ovnC'ai�3E'.4 ,'Otilitecf'' rn >;{? 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Toren HM ran Path Trustees T'.rn.nOtSuutwSd ZOMng 6aard of Appeals(Z6A) Creation date .. .,. .. .. ...... ..._ /i2014 t 1:52A!a;! page 2 of 2 _Pirst « � Jl 29 Entries I Last modified ... .. .. - t:!2120-7 8:0,,27 r St Metadata he raeu datz aa<sgr.A Above: -The second of two pages you will find"Zoning Board of Appeals(ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals(ZBA)folder/link. I I I i I i Laserfiche Instructions S(�\ ZBA Files Page 2 Laserftche WebLink Myer-bunk: ,&0 1 A6olt Sign but Home Browse Search 1mvnDfSoutnold>Zoning Board ofAppea!s(ZBA) Zoning Board of Appeals Name . Page count (ZBA) 1 Alphabetical Inde. 2 EntryProperties ,Board Ramos - e.i lasefiChe Search Guides _ Path Meeting Schedules 1'o,nr.-0f5cutt:01<�Lnning Ecar of Apueals(ZBA) nnnutes/AgendastLegal NobcevHeanngs creation date s4'.a Pending 7P.O rAll.12:':::1&PM V1 Reports Last modified , 5232077 1:W:1,AM u Special Event Permits [::1 Training Requirements ZBA Officials A Metadata .5 ZBA Polices Nomi..l?.:(ata'w'Wted ;_y Exceotions List Code 280-lGC(3) 5 jurisdiction Listing ZBA Sookof Mapped 1977 Existing Lots 589 ;ois4laneufk 5thedules 5 Agreements,COnVads&Leases Page I of 1 14 Entnes Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. I Laserftche WebLink Mywebunk;felp.AbcA:signo t Home Browse Search To,-MGfS0Utholo>Loring BOcr.7 of Appeals(ZBA)>Board ALbOna Board Actions Name Page count Template name- 1957-1979 Entry Properties u 1980-1999 Path ;0 2000 Torr.i41s_cu:!rol6•Z++;:i+w Ecerd ui Apped,`s^6. L,Btv_'r'J htS(:ttS ul 2001 Creation date 2002 I(k0c4l 12:2`::iFM 2003 Last modified �'`,.200.4 3!28120 i7 11,5:07 AJM 2005 S Metadd[a 2006 ti0 rtt+tdCara aS5.pn2d 200: 2068 2009 2010 &Results � ''-i smJP°P'unev�'Uar3' M 2011 ;tel 2012 o`v''.013 :.2014 M 2015 75 2016 I t (]2017 it Ponding rrhtelth'meCMv7it ilV'Paitme�sa0seti. 0—1,.r r Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in"Pending". I Laserfiche Instructions ZBA Files Page 3 ---- - ------ T-015-111f Zonl,%j a" d f 101wils J=I--2017 2017 Paha—x M'x n ErVYJ`rot,enls Paul sa —dAmans CreaWn date p1• 75 soard anions zi, 75 —d—.,x lq—I 114 —d 1-1 M..d.. a—i ANam y}020 So —d amens S' ., Board Actans 70.12 71 d lou ))s mord Amar _P'7a. as —d '026 3" aoardAmam S—I Amaro —d- 7029 Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebLink Home Browse Search Cuat—e S—Ch Solt(eSUItS by: Relevance Records M—cierrert se.rd, 7 A 7016 Field name Board Actions-83 bagels) Choose field Page count:83 Template name:Board Actions Reset Page 3...:Colin and krste,Cashel PROPERTY LOCATION:162 Lower Shingle Hill.Fisher Page,l 19.2017+'7016 Cashel SCTNI No.100G.9-1-26minimus approval to remo... Search terms g 9 COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20 Thomas Ahigren(C—hel).PO Box 342 Fishers Islanul Z! Show more information �11 7018 Board Actions-56 bagels) Page count 56 Template name:Board Actions Page 43 9.30 A.M.-COLIN CASHEL AND Variances under Article ld.S�on ANN Page48...ance(s)KRISTEN CASHEL#7016-Request proposed trellis located in other tha z; Show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. ! I Laserfiche Instructions ZBA Files Page 4 I I I I Laser riche WebLink v v nyv:e u;ne I u p:Axu1 sl Home Browse Search TownD:Soutbald:Zoning Boacd of Appe46IZBAI>Minutes/Agendas/Legal Notices/Hearings Minutes/Agendas/Legal ,.Name .._ ,. _ _ Page count _ Tempbte hime%ni%%%: ,_ .. _.• '%./:• %�%/� NoticeslHearings 0 1957-1979 A Entry Pr0partIas :J 1960-t999 -.-....___..__.._..._._____...__ -. f 20002009 Path 7avn4t5Gu:h0'dSZanrtg Board 2610 2011 iZ8APM,iU-4,%endaV:egat .�20+2 Not?cestileafl%r: . Creation date -"',�,]' 2013 7/%ii2,M12:57:41)PM �,2014 Last modified 020,5 12f1£Jfui15 2:15:14?PI. r'j 2016 2 Metadara ��,2017 (do rnetadara a•;sgned Page i of 1 I Entt I ,x..*.r <nr-:>u..�eer u..^.ao,..w.s 1..••ss:r:s ta::rs.u, •«N•.•, Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. I I Laserfiche WebLink mywe6unk 1 help About Home Browse Search TownOfSouthold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal Notices/Heanngs>2017 I 2017 Name Page count Template name. ZBA-01/0512017 7 A Entry Properties G ZBA-01:0512017 Agenda x Path _ZBA 01/05/2017 Hearing 40 TownOfSouihold\Zorung Board Z6.4-01!051201?LN 3 Of Appeals (ZBA)1MlnuteS/Agenda5rleaa1 ZBA-011192017 2 NooceslHeanngs12011 j ZBA-01719!2017 Agenda - creatlon date 1211612016 2:15:14 Ph1 ZBA-0210212017 7 Last modified ZaA-02/02/2017 Agenda 4 6/19/7017 4,-93:59 Phi ZBA-02102/2017 Hearing 45 A Metadata ZBA-021022017 LN 3 ZBA-02116/201;Agenda 3 No metadata assigned ZBA-02116/2017 Special 3 j Z3A.031022017 7 _educe&R—Its imthealdllpap-sm Uses2j ZBA-03/02!2017 Agenda 4 _ _ J ZBA-03/0212017Heanng 65 ZBA-03M/2017 LN 3 ZBA-0311612017 Agenda 3 ZBA-03/1612017 Specal 3 ZB.AHW0612017 5 ,J ZBA-0x/06/2017 Agenda 4 ZBA-04106;2017 Hearing 45 I I Above: Agendas, Minutes and Transcripts are in chronological order. I I I U (.0TIE OF HEARI 'i4o 1 ' ie following application will be heard by the Southold Town E 'loard of Appeals at Town Hall, 53095 Main Road, Southold: " ie application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/calendar NAME : SUTTON , TRACY 8 ALEXANDER #7831 SCTM #so 1000- 18-6- 10 • ' VARIANCE: RESCIND CONDITION OF PERMITTED SPECIAL EXCEPTION r-,EQUESTo LEGALIZE °°AS BUILT" ALTERATIONS TO CONVERT TO HABITABLE SPACE IN ATTIC (3 RD FLOOR) OF SINGLE FAMILY DWELLING SATE : THURS. OCT. 51 2023 70:50 AM You may review the files) on the town's website under Town RecordslWeblink: ZBAIBoard - ctionslPending. ZBA Office Telephone (631 ) 765-1809 10/4/23,11:13 AM � ,U Moore Law Group Mail-tracey and Alexander,9 (malli lee DeFrese<k lee moorea K�� I I� y y G� nvs.com> tracey and Alexander Sutton 1 message Joan Berglund<Iberglun@optonline.net> Wed,Oct 4,2023 at 11:11 AM To:kylee@mooreattys.com Good morning.I recieved notice from Patricia Moore regarding your request for a varience and 1 wish to support your application. Sincerely, Joan Berglund 25605 Main Road,Orient Sent from my Phone -7031 OCT 0 4 2023 Board of ,ppealS https:Hmail.google.com/mail/u/0/?ik=7840a79462&view=pt&search=all&permthid=th read-f:1778838191725063835%7Cmsg-f:1778838191725063835... 1/1 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT SUTTON OF MAILINGS Appeal # 7831 SCTM Parcel#1000-18.-6-10 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, KYLEE DEFRESE, residing at PECONIC, New York, being duly sworn, depose and say that: On the 27th day of SEPTEMBER, 2023, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. I KYLE DEFRESE Sworn to before me this 28th day of Se r, 2023 otary Public) PATRICIA C MOORE NOTARY PUBLIC,STATE OF NEW YORK Registration No.01M04861668 _ —Qualified in Suffolk-Cou -- - - - My Commission Expires June 16, - 's RECEIPT RECEIPTRECEIPT 14 7000 0000 0000 0016 04 RECEIPT 4 7000 0000 0000 0016 66 4 7000 0000 0000 0016 59 ROM: 14 7000 0000 0000 0016 42 ore Law office ROM: ROM: ROM: Sutton 3ore Law Office ore Law Office ore Law Office Z :Sutton :Sutton :Sutton i END TO ..� END TO: END TO: n Iph Casleno+,va: rj`"`^�.,, END:TO:..!:•.«,V therine CaSle'riOVa °v~` ls�aqe n Berglund'r*'�w,, ? ne,Sellis`""""'Y,,. -., oc y a f �ah,B,Cockerilllll Boz'd79' 0�5.lv�ajniFtoad�, Al—� j `�efniDrive1, r are4 J.Hoag h r 'ent;•NY 11957 entNYp11957"'"°'°�;,n�rr f�icho^'NY 11753.,1' g U >Fok!ttr��4�t 6CQstage O.fi3C EiP C 7 293 '.1; ,�2 .., EES: l 0,!633" ? stage 3 ?'!'0.63 e�h`�. '�"Z' rtfibcIj as 4.35^; stage,,.,,.,,_ s p0;63 `` rtified Fee 4.35',f rtified Fee 4.35 "'° turrtReceipt < w �3,55,.y tum,Recei t 3�55'r : '/ rtified Fee-, =.•:,Pa 435 str ded f•,r� x� ,. , p f. turn Receipt {f,rr3.55 tum Receipt ;,X3.55 "..°� 'std6ted:Ay.= r.4 i OTAL �"'�`$8.53 OT L $8.53 OTAL-OL' y$8.53 strcted OSTMARK OR DATE OTAL $8.53 OSTMARK OR DATE OSTMARK OR DATE DOSTMARK OR DATE V I J � RECEIPT RECEIPT RECEIPT 4 7000 0000 0000 0016 35 I 14 7000 0000 0000 0016 28 1 14 7000 0000 0000 0016 11 ROM: ROM: ROM: ore Law Office ore Law Office 3ore Law Office 2 :Sutton Sutton 2 :Sutton I END TO: END TO:._..„, ' edouri Ezair— edouri Ezair r, � ”f I zair 1 My�dnSomAvenue_^+ 3 1'wl'adisonAvenue ) f filVadisonAve un e.,�y J w'Yoj%t�Y-10d2'1", �d�k,NY 10021 y� `W S ork,NY 10021 t r- `'y' i •/a °� UJ I SEP 2 7 2023 �� 'EES P 2 j 7() 9 Ep 7 ), 1 EES: 'stage 4J 0.63, 0,63 r Mage _ S stage 0 63 Rifled Fee 4.35! �,a 5 �Y z yy Q fiLd Fee Y L i ti ted,�ee :-1 f j 35 2 tum Receipt 3 55 to Receipt,„,,x �, 6!55 2't�q Recei a .55 j stricted• c�4y� strtd¢d0 .pfj*� striae vCJ 1.x) '8.53 OTAL. E.$ OTAL $8.53 OTAL $8.53 OSTMARK OR DATE OSTMARK OR DATE OSTMARK OR DATE MOORE LAW OFFICE A. Signature ❑Agent ❑Addressee 51020 _MAIN ROAD I' SOUTHOLD NY 119.71 B. Received by Finted Name) C. Dat f Delivery' 1. Article Addressed to: ;';;•` D. Is delivery address different from item 1? El Yes JOAN B E R G L U N D If YES,enter delivery address below: ❑No 25605 MAIN ROAD' ORIENT, 'NY'•11957': V ' I ' I II I ISI I I�r�I I�I III IIIIIIII III I II , 111111111 i 9290 9000 0000 0000 .0016. 60 2. A%Eil'NuttlM praMOO)rr[MiDEb/Rg1� 3. Service Type ®Certified Mail® ❑Certified Mail® ' — Restricted Delivery,. � PS Form 3811 Facsimile, July 2015 Domestic Return Receipt 0 8 SUTTON NEIGHBOR LIST Ralph Caslenova Catherine Caslenova PO Box 479 Orient NY 11957 Sctm: 1000-18.-3-9.9 � I Khedouri Ezair ) 931 Madison Avenue New York NY 10021 Sctm: 1000-18.-6-14.5 Khedouri Ezair 931 Madison Avenue New York NY 10021 Sctm: 1000-18.-6-14.6 Khedouri Ezair 931 Madison Avenue New York NY 10021 Sctm: 1000-18.-6-14.9 Adrian B.Cockerill III Maragret J.Hoag 87 Smith Street,Apt.6C Brooklyn NY 11201 Sctm: 1000-18.-6-11 Zane Sellis 10 Fern Drive Jericho NY 11753 Sctm: 1000-18.-3-13 Joan Berglund 25605 Main Road Orient,NY 11957 Sctm: 1000-18.-3-14 11 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF POSTING #7831 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-18.-6-10 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Tracy Sutton, of East Marion, New York, being duly sworn, depose and say that: On the 26th day of September, 2023, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, October 5th, 2023 at 10:50 am. )L cym Sworn to before me this 3rd day of October 2023 - - - Notary-Public- - - - - - - - - - - KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DES420156 Qualified in Suffolk County My Commission Expires 08-02-2025 c F �" i `r NMI 41 lk fJ el BOARD MEMBERS �F SOu I Southold Town Hall Leslie Kanes Weisman, Chairperson Ty�l 53095 Main Road•P.O. Box 1179 Patricia Acampora O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. G Town Annex/First Floor Nicholas Planamento �0 a0 54375 Main Road(at Youngs Avenue) COU NTY,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS July 17, 2023 TOWN OF SOUTHOLD Ms. Sarah Lansdale, Director Tel. (631) 765-1809 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 #: 7831 Owner/Applicant: Sutton, Tracy& alexander Action Requested: legalize "as built" front porch and rear deck to existing seasonal dwelling 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. Site Plan/Survey: JM Land Surveying, dated March 10, 2021 BOARD MEMBERS ®� $®U Southold Town Hall Leslie Kanes Weisman, Chairperson �� i�®� 53095 Main Road-P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento � �a�® 54375 Main Road(at Youngs Avenue) C®U �`�,v Southold,NY 11971 http://soutboldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 24,2023 Tel. (631) 765-1809 Tracy Sutton P.O. Box 636 Orient,NY 11957 RE: ZBA Appeal #7831, Sutton 25500 Main Road Orient SCTM No. 1000-18-6-10 Dear Mr. Sutton; Transmitted for your records are copies of the Board's October 19, 2023, Findings, Deliberations and Determination, the originals of which were filed with the Town Clerk regarding the above variance applications. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three (3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals If you have any questions, please call the office. Sincere] , Ki uentes -Board Assistant Encl. cc: Building Department Town Hall Annex Telephone(631)765-1802 54375 Main Road CXP P.O.Box 1 179 Southold.NY 1 1971-0959 `fes lroutm BUILDING DEPARTMENT TOWN OF SOUTHOLD n. �l `�lOIL- STOP WORK ORDER --� S TO: Alexander Sutton 25500 Route 25 Orient, New York 11957 C��Z � YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 0�� 25500 Route 25, Orient, New York TAX MAP NUMBER: 1000-18.-6-10 Pursuant to Section §144-8 of the Town of Southold Code, you are hereby notified to immediately suspend all work until this order has been rescinded. BASIS OF STOP WORK ORDER: Construction without first obtaining a Building Permit CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When a Building Permit has been issued. FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WITH THE APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE, IMPRISONMENT OR BOTH. DATE: April 7, 2023 redric Visser Fire Marshal IT SHALL BE UNLAWFUL TO REMOVE THIS NOTICE WITHOUT WRITTEN CONSENT OF THE ISSUING AGENCY. BOARD MEMBERS0�SOU Southold Town Hall Leslie Kanes Weisman,Chairperson tio�� TifOIO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �o� 54375 Main Road(at Youngs Avenue) Nicholas Planamento olycom putbold.NY T L971 RECEIVE® http://southoldtownny.gov I LtAa�6 q v is� A ZONING BOARD OF APPEALS SEP 2 0 2021 TOWN OF SOUTHOLD a Tel.(631)765-1809•Fax(631)765-9064 ��U �ld Town Clerk ` FINDINGS,DELIBERATIONS AND DETERNUNATION 1 MEETING OF SEPTEMBER 16,2021 . ZBA APPLICATION: #7527SE APPLICANTS/OWNERS: Tracy and Alex Sutton PROPERTY LOCATION: 25500 Main Road, Orient,NY SCTM: 1000-18-6-10 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 H category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY-ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 4, 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, non-conforming, 40,314 square feet, .93 acre irregular-shaped parcel located in the R-80 Zoning District measures 102.62 feet along Main Road a.k.a. State Route 25 then runs south 228.90 feet along a residentially developed Iot to the east,then runs west 94.92 feet along developed agricultural lands,then continues north 65.20 feet, 89.73 feet west and 181.22 feet north along the same agriculturally developed lands to the south and west. The lot is developed with a 3-story wood frame residential structure with a wrap-around covered first floor porch on the west, north and east sides,exterior emergency stairs from the second floor located on the east side of the structure and rear,wooden deck on the southside of the residence. The site is accessed via a gravel, circular driveway from Main Road with a parking court on the eastern lot line and a brick patio on the eastside located behind a wooden pergola spanning the distance between the residence and the eastern lot-line. A shed is also located in the rear yard,-all as shown on the survey prepared by John Minto,L.S.and dated March 10,2021. BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section 280-13B, subsection 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single- family dwelling, accessory and incidental to their principal residential occupancy under the Building _Department's Pre-Certificate of Occupancy Z-11669 dated May 16, 1983. The existing 5 bedrooms for lodging and serving of breakfast to 10 B & B casual, transient roomers was created as the result-of - - improvements made prior to the Zoning Code. Page 2,September 16,2021 #7527SE,Sutton B&B SCTM No. 1000-18-6-10 ADDITIONAL INFORMATION: The subject parcel is the beneficiary of ZBA decision#5307 (Special Exception) dated February 13, 2002 granting permission for the applicant to operate a bed and breakfast with 5 guestrooms for the lodging and serving of breakfast to 10 B&B casual, transient roomers. The subject parcel has a unique history as illustrated by the Pre-Certificate of Occupancy which outlines-the property's development from an estate farmhouse to a group residence known as Oysterpond's Home For Adults (in operation from 1946 to the early 2000's) and.its conversion back to a single family residence w/non-habitable attic(3'floor)in 2003. The applicant acquired the premises on April 6, 2021 and proposes the continuation of the B&B use as established by the previous owner and includes the following evidence to support their full-time residency: • Bargain And Sale Deed,delivered April 8,2021 • Schedule A-1 (Description of the Land)provided by Fidelity National Title Insurance Company • Copy of NYS Driver License for Tracy Sutton,issued May 3,2021 • Copy of NYS Driver License for Alexander Sutton issued May 3,2021 �"b\ • Copy of 2020 Federal Tax Return - • Copy of 2021 Form 1040-ES Payment Voucher(1,2,3,4) • Copy of 2020 US Individual Income Tax Return form 1040 • Copy of an Optimum(cable)bill for service at the subject premise • Copy of a National Grid(gas)bill for service at the subject premise • Copy of a STAR registration via the NYS Department of Taxation and Finance dated May 3,2021 The applicant provided a site plan for parking illustrating owner's parking(2 spaces)plus a space for each guest room(5 spaces)for a total of 7 on-site parking spaces and floor plans for the 1 SL and 2nd floors,stamped by John J.Condon,Licensed Professional Engineer,dated April 28,2021. Members of the Zoning Board of Appeals performed an interior site inspection on August 24 and/or August 25,2021. The applicant's agent addressed a pergola, attached to the eastern side of the house, that the Building Department has determined would not need a variance if it is detached from the house, since it would be considered a fence.However,the improvement requires a building permit, and the applicant will apply to the Building Department for same and obtain a certificate of occupancy in a timely manner for this "as built"improvement. The Zoning Board of Appeals requested the Town of Southold Building Department Fire Marshall to offer commentary. In a reply dated September 2,2021,the Fire Marshall indicated his support for this application and indicated that no violations to the State and/or Town Code were found. In his commentary he noted that an additional carbon monoxide detector was required. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 2,2021 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. Tracy and Alex Sutton,the applicants herein, are the owners of the property,25500 Main Road aka SR25,Orient,NY(SCTM: 1000-18-6-10). It is improved with a single-family residence consisting Page 4,September 16,2021 #7527SE,Sutton B&B SCTM No. 1000-18-6-10 3. The applicant is to install a carbon monoxide detector per the Town of Southold Building Department Fire Marshall's inspection report dated September 2,2021. 4. The third floor`attic'is not to be used as living space by the owner nor by B&B guests and is to remain unheated and unconditioned,for`storage' use only. 5. The applicant must detach the as built pergola from the house and apply to the Building Department for a building permit for an as built"fence: per testimony at the public hearing,within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals,or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to apply for a building permit in the time allotted. 6. The applicant must obtain a Certificate of Occupancy from the Building Department for the as built"fence//pergola"and submit same to the Office of the Zoning Board of Appeals within six months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 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 andlor a possible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board ofAppeals. 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), Dante, and Planamento (Member Acampora and Lehnert were Absent). This Resolution was duly adopted(3-0). -Leslie Kanes Weisman, Chairperson ---- --------- --- --- - -- - -- - ---- - - ------ --- --- -- - Approved for filing 7' 17/2021 Page 3,September 16,2021 j 47527SE, Sutton B&B SCTM No. 1000-18-6-10 � i of a basement and two habitable floors above with an attic accessed via a stairwell as shown on the survey prepared by John Minto,L.S.and dated March 10,2021. 2. 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: tax retum, utility bills, driver's license, STAR Exemption). 3. The owner/applicant submitted the following documents to confirm the principal occupancy of the dwelling National Grid(gas)bill and Optimum(cable)bill. 4. The applicants plans comply with the on-site parking requirements and provide for seven(7)parking spaces,two(2)for the principal single-family use and one(1)for each of the Accessory Bed and Breakfast bedroom(s). 5. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. 6. 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. 7. The Special Exception is accessory to the principal use and.will not prevent the orderly and reasonable use of adjacent properties. 8. This accessory Bed and Breakfast will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 9. 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. 10. 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. 11. No adverse conditions were found after considering items listed under Section 280-142 and 280- 143 of the Southold Town Zoning,Code. 12. 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 Planamento,seconded by Member Dantes, and duly carried to GRANT the Special Exception permit for an Accessory Bed and Breakfast for 5 guest bedrooms rooms (and a maximum of 10 B&B guests),to be used only in conjunction with the applicants-owners residence, as applied for and shown on the survey prepared by John Minto,L.S. and dated March 10, 2021 and Site Plan Floor Plans,stamped by John J.Condon,Licensed Professional Engineer,dated April 28,2021. 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 annuaIIy.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. 1 _Q9 TOWN TOWN OF SOUTHOLD—BUILDING DEPARTMENT y2 y x Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959 �y�o• �ao�p Telephone (631) 765-1802 Fax (631) 765-9502 haps://www.southoldtownny.gov Date Received )PRO.' APPLICATION FOR BUILDING PERIVITSAI inuAL U ff G L 11 M i For Office Use Only MAY 12 2023 PERMIT NO. Building Inspector: f3I11LUINbUEPl. Applications and forms'must be filled out in their entirety. Incomplete TOWN017SQUTl4QLD applications will not-be accepted. Where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed., Date: OWNER(S)OF PROPERTY:: Namp: SCTM#1000- O&`- ` _ C - Project Address: Cle� Phone#: 5 ( � — � - J30 Email: i i � -1 ��' ,D 1 Mailing Address: — ` C, L CONTACT PERSON: - Name: Mailing Address Cz N� t-� ` ,:c l� L 5, Phone#: l'- ( �� 2L Z�5 Email:— - L� uttt�r ( i➢u DESIGN PROFESSIONAL INFORMATION: Name: + )v 1 Mailing Address: zj! f6 co v.ko— o l � 1,�V1- - t,� Phone# 2 X% Emai '—Imo- l :;C.t q CONTRACTOR INFORMATION; Name: Mailing Address: ,1 � i, — �'� 1�`7, Phone#: 3Q r Email 1r)OT DESCRIPTION OF PROPOSED CONSTRUCTION EJ New Structure ❑Addition Iteration ❑Repair ❑DMon Estimated Cost of Project: ❑Other - �\tl S c- $ C7 X,on the lot be re-graded? ❑Yes 0 Will excess fill be removed from premises? ❑Yes `110 1 PROPERTY.INFORMATION,-`. Existing use o roperty: ��''`� Intended use of propert. : '� n '�' Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to this property? ❑Yes INNo IF YES, PROVIDE A COPY. ❑ Check.Box After;Reading:'"The owner/contractor/design professional,is responsiblc,for all drainage andstorm water issues as provided by, Chapter 236 of theTown Code.-APPLICATION IS HEREBY MADE to the Building Department for-the issuance.of a Buildin&Permit pursuant to the Building Zone ordinance of the Town of.Southold,Suffolk,County,New-York and other;applicable Laws,Ordinances or-ltegulations,'fo�the construction of buildings,, additions,alterations or for removal or derriolition'as herein described.The applicant agrees to comply with all applicable laws;ordinances,building code; housing code and:regulations and to admit authorized.ibspectors`on p"reniises,and in building(Q for necessary inspections:False statemints made herein are punishable as a:Class,A`misdeimeanor pursuant to Section 210.45 of the New York State,Penai Law: Application Submitt int name): �z-�� ❑Authorized Agent yirner Signature of Applicant: Date: CONNIE D.BUNCH STATE OF NEW YORK) Notary Public,State of New York SS: No.01 BU6185050 COUNTY OF ) Qualified in Suffolk County L' Commission Expires April 14, 2 a being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, - (S)he is the (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this (� ks, PW (1)Lo��ay of 9 1 20 Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) I, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 N `� UA LLS WEW „ eel L�Js olopi 10 - CZC> E i r it .ST0 , r � 77,07 lh ..'1! i -If-1 Nr i i ST Q R C7 ATT I �v Es DISITMOVAL 0 off\ J. CO + A V- LOOR FILAM 6�VII 05,�-- SCALA. At( _ 1� 0%1 DN�F_5 5 { �: F Lc) ?,\ L , SU `` I . AL [Y SUTT - �9157F\TTQC iI U RIS T � - T , .` J � \ IUD�/ '\ SEE SEC.NO.013 y V V�,��V t1�__ b- o MATCH `LINE`, .\ 7.10 v vl d �,'`�Y�{/V(1C17�• "� '-� (TOWN OF SOUTHOLD AND THE UNITED STATES OFAMERICA \ DEVELOPMENT RIGHTS) �yf Qin,,, d 1.3 `^ (CONSERVATON EASEMENT)pyop-'rhes (PECONIC LAND TRUST) _ 4 �•� mfr 30.3 ,-� j 3.1 20 s.s \ r' 2.3A ' 9.10 c "o () !COUNTY OF SUFFOLK 2.OA `, DEVELOPMENTRIGHTS) a /\\ \.� \`/'' 20 16 28 ':' - % 2.3A(c) ' 1.2A(c) 17.5 \ STATE OF 2.1A(c) / ,g,./ s ci STEWO , 21 `.�:' ^• 26 L,^'k 2.3A(c) 23 29 22 ' C2, 10 15 ¢ 25 2AA(c) 'b` ,P 14.6 1; A 14 2.0A(0 2.3 c //\' w+\ ' •\ 12 � 17.3 \ \\ AO /,y \ t n, 1.7A(c) 26.7A(c) 34 13 12.2 - 12.1 01 7 14.5 `\ a 36 �~'� ,r `\- ;r,�;, 4.OAc) 35 9�'' fi k 0614.8 33 51 14.9 �� ,.;yCO�!" \ 5.3 62.3A(c) `\ 24 �4\ •°3.1:^ �`'\ \ 3.tA (TOMOFSOUTHOLD '\ 11 y.'d' o• P DEVELOPMENTRIGHTSI `\ 1.sA() \�P \ \\\a, (COUNTYbF v` 23.1 -s STATE OF \\\ �\ `1�\'j� ^'" ,J"�t'ZU %""\C $ \ 4.2A y\�DEVELOR.ENT\ J 12.9A(c) �� NEW YORK ,;\ \ \�29 i% �" '\%fie /• \.\ �,RIGMS) ` OYSTERPONDS \ iRn' X 29 �� J 'IN 1p.�4.2 d% (COUNTYOF , \ \,. SUFFOLK \ ;' ' �\•-/ / DEVELOPMENT X. \ UNION FREE \/,i 26 \' \� ,�� 18.3 / a'7.�` RIGHTS) \'\ SCHOOL DIST. +, yt' 2.5A �% v�•,� \ ` \\\ 25 4 41 21. 18.2\\ a\ /�/\\ 18.4 2.9A \,< 224T 15 1 4^�^ ATIONAL \14.1\ tcH % \@` . l - 16.6 '\ a, `�.•Q \. 3.7A 18.5 ^� O 3.6A \ \ •.�.� 2620 ^.4 5 \ \\ R4P "�'. `y'� 2.4A 10 13.8 /i 121 4.4A(c) +\/ 23 '�` s i `�' /m 27 ORIENT FIRE DISTRICT < \�\ \ e.t A(c) �; ,� \ 2.iA 13.7 / 26.19 ,\>'� . TCH--__LINE\__ ____�z;.'___ HATCH___ __ _ -_ _ __- UNE!_____ _-__ ______-_ -- __ --___ _ __---_�NtgTCH ____ ___ ___ __ SEE SEC.NO.027 /� �' �,�j•we _ r' - SEESEC.I - .t SEE SEC.NO.02T 23T COUNTY OF SUFFOLK © N NOTICE 12.1 P1W.1121A ey Rea] Property Tax Sen=ice Agency MAJNTDISTRIBUTION F ANY POR SALE OR ------- ceK.amanma 12 tA(c) �a DISTRIBUTION OF ANI'PORTION OF THE c°"'Y�'"` s.eaarawro I"� omma.m �S 300 Cerster DdYe,Mwrl-d.NY 11901 W SUFFOLK COUNTY TAX MAP IS PROHEITE a+^�•• --- ^.m amrBly ro. (21) sai.ao,�o, ea �@� zoo 1aB B mB aoB WUHOUT WRITTEN PEWWION OF THE ---- Feel S REAL PROPERTY TAX SERVICE AGENCY f