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HomeMy WebLinkAbout5849 .3-8qq -fat( � ;A C Last. E ei-Ga. APPEALS BOARD MEMBERS • 0,i#''OF so" _ • Mailing Address: Ruth D. Oliva, Chairwoman 1,,� OQ1� yQ� Southold Town Hall Gerard P. Goehringer :, 53095 Main Road•P.O. Box 1179 l , Southold,NY 11971-0959 James Dinizio,Jr. � G it t• Office Location: Michael A. Simon ; '.� i�Ott Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman Yt'� � ,�t 54375 Main Road(at Youngs Avenue) .•�' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED f TOWN OF SOUTHOLDv Tel. (631)765-1809•Fax(631)765-9064 `� 4" C'4 JUL 111 20066 --/L FINDINGS, DELIBERATIONS AND DETERMINATION (r�e�9�'�l a/,:�R�J:_ 4 MEETING OF JUNE 8, 2006 ufiioid Tcvm Clerk ZB File No. 5849—Stephanie Miritello Property Location: 3535 Cox Neck Road, Mattituck CTM 113-3-3.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's parcel is improved with a two-story frame residence with inground pool, frame shed and one-story frame"cottage"as shown on survey prepared by John Gallacher, Land Surveyor dated September 15, 2005. BASIS OF APPLICATION: Building Inspectors January 6, 2006 Notice of Disapproval, concerning as built alterations to an existing nonconforming accessory, seasonal cottage containing 520+/-square feet of floor area. The reasons stated for disapproval are: (1)The existing seasonal accessory cottage was altered to include heat and to convert a sunroom to a bedroom,which is not permitted under Section 100-242A when alterations create a new nonconformance or increase in the degree of nonconformance; and (2)That Section 100-31A permits only one single-family dwelling on a lot, and the as-built alterations create a year-round accessory cottage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting use of as built alterations,to an existing accessory seasonal cottage which said alterations creates a second dwelling on this lot which is not permitted pursuant to Section 100-31A. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as-built accessory cottage is usable only for seasonal use. The existence of a space heater in one room is consistent with that use. 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 improvements to the cottage are not sufficient to make it appropriate for year-round occupancy. w Page2—June8,2006 • ZB File No.5849—Stephanie Mirite CTM No. 113-3-3.1 3. The variance granted herein is not substantial. The cottage is incidental and subordinate to the principal building and is in accordance with the Southold Town Code. 4. The difficulty has been self-created. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant the continued enjoyment of the benefit of an accessory seasonal cottage, 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-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on survey site map dated September 15, 2005 prepared by John Gallacher, Land Surveyor with the following conditions: 1. That accessory cottage be used for family occupancy and guests of the owners. 2. That it not to be rented or leased. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman; Nayes: Dinizio. This Resolution was duly adopted (4-1). 6 . Ruth D. Oliva 7 kg/06 Approved for Filing L ,. i. is SURVEY OF PROPERTY SITUATE N MATTITUCK NOW OR FORMERLY TOWN OF SOUTHOLD 08,N CAMERONRHUME SUFFOLK COUNTY, NEW YORK 1]E1.4N S86°29'30"E Z _ O.TN `""" 254.46' STOLWIDE FENCE LANK FEN 11,N CONCRETE O `� H O.CN MONUMENT 0 50' ° n 1 8o CHNN _ _ _. OUNO OI , a FRAME Ua.s NEN. 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ID 6t N eam Le °� '� "fig 1•PIPE u 41 9 FOUND N N86°15'00"W Oki •Th .: k• 206.55' 0� �� + .'ae-'« 44 ROSEWOOD DRIVE G I F ° �". x ,�,•009133/4 alta•Elia110131031.1a01016 M JOHN G.1 'CHER LAND SURVEYOR 59 FLORENCE DRIVE 1•11111303,x.,.Ra°" .� '•;y, a MANORVILLE,N.Y.11949 �,. SURVEYED: SEPTEMBER 15, 2005 (631 )874-0400 • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the 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, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY. MAY 25.2006: 9:45 A.M. STEPHANIE MIRITELLO #5849. Request for a Variance under Section 100-242A, based on the Building Inspector's January 6, 2006 Notice of Disapproval, concerning "as built alterations to an existing nonconforming accessory, seasonal cottage containing 520+1-square feet of floor area. The reasons stated for disapproval are: (1) that the existing seasonal accessory cottage was altered to include heat and to convert a sunroom to a bedroom, which Is not permitted under Section 100-242A when alterations create a new nonconformance or increase in the degree of nonconformance; and (2) that Section 100-31A permits only one single-family dwelling on a lot, and the as-built alterations create a year-round accessory cottage. Location of Property: 3535 Cox Neck Road, Mattituck; CTM 113-3-3.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 8,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA,CHAIRWOMAN By Linda Kowalski #7868 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, corn encing on the 11th day of May , 2006. h �1/� J"Principal Clerk Sworn to before me this � ' day of `� I l.Q.vy 2006 (� VO(A CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01406105050 Qualified in Suffolk County. Commission Expires February 28, 2008 /- (4, gi1tc(or 4 > • • 440t P Notice of Disapproval concerning pro- line. Location of Property: 4006 Old family dwelling,with new construction posed additions/alterations to the exist- North Road, Southold; CTM 55-2-5.2 at less than the code-required 10 ft.min- ing dwelling at less than 50 feet from and 5.3. imum side yard,and less thanthe code I /„D the front yard lot line,at 570 Horseshoe 11:00 A.M. THOMAS PERILLO required minimumof35 feet from both /� Rj'd ; Drive,Cutchogue;CFM 95-4-18.20. #5879. Requests for Amended Variance front yard lot lines,at 1160 Bailey Beach / �tY"' ' 10:05 A.M. KEVIN and VIRGINIA (referring to ZBA Decision#2582 dated Road,Mattituck; CTM 99-3-11.19. i COTTON #5896. Request for Van- 9/6/1979) and Variance under Sections 1:30 P.M. BENEDICT FOLLIO ances under Section 100-244,based on 100-30A.3 and 100-244 (Bulk Sched- #5889. Request for a Variance,based the Building Inspector's April 5,2006 ule),based on the Building Inspector's - on the Building Department's April 4, Notice of Disapproval concerning pro- December 12, 2005 Notice of Disap- 2006 Notice of Disapproval concern- posed additions/alterations to the exist- proval. Applicant proposes to re-locate ing an addition to an existing dwelling. 1 ing dwelling at less than 35 feet from the the access right-of-way from the west The reason for disapproval is that Sec-. ;:s) \l front and rear yard lot lines,less than 25 side to the east side of Lot 17.2,result- lion 100-31A states that "no building „``» feet for combined(both sides required ing in theproposed change of lot line or premises shall be erected or altered IN-- at 10 ft.and 15 ft.minimum),and with and new nonconforming front yard set- which is arranged,intended or designed lot coverage in excess of the code's 20% back from the existing dwelling to the to be used,in whole or in part,for any limitation. Location of Property: 825 easterly front yard line at less than 40 uses except...(1)One-family detached Dogwood Lane, t M".' CTM 54- feet on this 22,457 sq.ft.parcel. After dwellings,not to exceed.one dwelling on pro- 03., 5-33. Jo"Ks Ia- the lot line change and excluding the each lot. The new construction is pro- `ff 3 10:15 JEANINE O'HAGEN-MUR- proposed land exchange of the 15 ft. posed on a lot which contains more than PHY#5890. Request for Variances un- wide right-of-way, the nonconforming one dwelling. Location of Property:445 der: (a)Section 100-31A states that"no size of CTM Lot 17.2.will remain at Kimogenor Point Road, New Suffolk; building or premises shall be erected or 22,457 square feet,and nonconforming CTM 117-10-1. • altered which is arranged,intended or size CFM 17.1 will remain the same, 1:35 P.M. ARLENE and PETER designed to be used,in whole or in part, except that the ownership of the 15 ft. MANOS#5891. Request for a Variance LEGAL NOTICE for.any uses except ... (1) One-family wide right-of-way will change when under Section 100-239.4A,based on the PUBLIC HEARINGS etached dwellings,not to exceed one relocated with 17.1 (instead of part of Building Department's March 28,2006 1 SOUTHOLD TOWN ZONING dwelling on each lot; and (b) under 172). Location of Property: 1410 Pe- Notice of Disapproval,amended April BOARD OF APPEALS Section(s) 100-242/100-243 pertaining conic Bay Boulevard,Mattituck; CTM 11,2006;concerning a request to amend THURSDAY,MAY 25,2006 to nonconforming setback and noncon- 145-2-17.2 and 17.1. Building Permit#31508-Z,after demol- NOTICE IS HEREBY GIVEN,pur- forming number of dwellings on a lot. 11:20.A.M. FISHERS ISLAND ishing the dwelling and building a new suant to Section 267 of the Town Law The applicant is proposing renovations/ WINDSWEPT PROPERTIES, LLC dwelling. Demolition of the construe- and Chapter 100(Zoning),Code of the alterations to the existing dwelling,on and ROSALYN DRISCOLL #5883. lion was not requested by Applicant Town of Southold,the following public a lot which contains more than one Request for a Special Exception under under Building Permit No. 31508-Z hearing will be held by the SOUTH- dwelling,and was disapproved by the Article III,Section 100-31B,sub-section and ZBA Variance #5730 (which was OLD TOWN ZONING BOARD OF Building Inspector on April 20,2006, 13 of the Zoning Code to establish Ac- for a two-ft.porch extension).The new APPEALS at the Town Hall, 53095 and amended Notice of Disapproval cessory Apartment,to establish an Ac- dwelling will be located less than 100 Main Road,P.O. Box 1179, Southold, issued May 9,2006. Location of Prop- cessory Apartment in theexisting dwell- feet from the top of the bluff or bank of New York 11971-0959,on THURSDAY, 'erty:4250 Breakwater Road,Mattituck; ing located at 1877 Heathulie Avenue, the.Long Island Sound,at 2000 Sound MAY 25,2006 CTM 106-9-1.1. Fishers Island;CTM 1000-911-93. Drive,Greenport CTM 33-1-18. 935 A.M.JAMES CURRAN#5795 10:25 A.M. PAUL and CHERYL 11:30 A.M. ANDREW LOWRY, The Board of Appeals will hear all -Request for a Variance under Section RAGUSA#5897. Request for a Van- MANAGING MEMBER/343 EAST persons,or their representatives,desir- 100-33,based on the Building Inspec- ance under Section 100-231,based on 18TH STREET #5860. Request for ing to be heard at each hearing,and/or tor's July 28,2005 Notice of Disapproval the building Inspector's February 28, Variance under Section 100-244,based desiring to submit written statements concerning the location of an as-built 2006 Notice of Disapproval concern- on the Building Inspector's March 23, before the conclusion of each hearing. acensory shed in a front yard,instead of ing fence construction in excess of the 2006 amended Notice of Disapproval, Each hearing will not start earlier than the code-required rear yard,at 680 Oak- code's four ft.height limitation when lo- concerning construction of a new dwell- designated above.Files are available for wood Court(at Wood Drive,Lakeside cated in the front yard,at 2700 Harbor ing at less than 40 feet from the front review during regular business hours. If Drive),Southold;CTM 90-4-4. Lane,Cutchogue; CTM 103-1-20.8. yard lot line (after demolishing the you have questions,please do not hesi- 9:40 A.M. JAMES BISSETT III 10:35 A.M.ROMANELLI BROTH- existing dwelling). (No alterations or tate to contact our office(631)765-1809, #5894. Request for a Variance under ERS,LLC by John Romanelli,President changes to the nonconforming acces- or linda.kowalski@town.southold.ny.us. Section 100-33A,based on the Build- #5880. Request for a Special Exception sory cottage are proposed.) Location Dated: May 9,2006. ing Inspector's March 16,2006 Notice under Section 100-718(3) to establish of Property: 115 East Side Avenue, ZONING BOARD OF APPEALS of Disapproval concerning a new horse an Apartment use over the first floor Mattituck; CTM 99-3-19. RUTH D.OLIVA,CHAIRWOMAN barn proposed at a height exceeding business office use in this RO Residen- 11:40 A.M. FRANCIS W.and NAN- By Linda Kowalski the code limitation of 18 feet,at 55 Cox tial Office Zone District,at 51750 Main CY DEEGAN#5892.Request for Van- _7868-1T 5/11 _ .____. _ Neck Road, Mattituck; CTM 113-7- Road,Southold;CTM 63-64. ance under Sections 100-242(Walz In- 1923. 10:40 A.M. RICHARD PERRY terpretation#5039 rendered 1/2/02)and 9:45 A.M.STEPHANIE MIRITEL- #5886. Request for a Variance under 100-244 concerning additions to the ex- LA #5849. Request for a Variance Sections 100-30A.3 and 100-242(Walz isting dwelling,which will increase the ` under Section 100-242A,based on the Interpretation #5039 rendered 1/2102), degree of nonconformance when locat- building Inspector's January 6, 2006 based on the Building Inspector's Feb- ed less than 15 feet from the side yard Notice of Disapproval,concerning "as ruary 6, 2006 Notice of Disapproval lot line,at 500 North Drive,Mattituck; ' built alterations to an existing noncom concerning a proposed addition,which CTM 106-6-28.4. forming accessory,seasonal cottage con- will K increase the degree of nonconfor- 1:15 EM.SOTIRIOS ASSAPIDIS Mining 520+/-square feetof floor area. miry,when located less than 50 feet from #5888. Request for Variances under The reasons stated for disapproval are: the front yard lot line,at 830 Clearview Section 100-230 and 100-244,based on (1) that the existing seasonal accessory Road,Southold;CTM 89-3-11.5. the Building Department's March 7, ' cottage was altered to include heat and 10:50 RICHARD and SUSAN 2006 Notice.of Disapproval regarding to convert a sunroom to a bedroom, WARD #5867. Request for Variances a breezeway addition to an existing ga- which isnot permitted under Section under Section 100-32 ref.Section 100- rage,at less than 10 feet from the side new no 4 when alterations create a 244 Bulk Schedule),based on the Build- property line(Building Permit#31420), new nonconformance or increase in the degree of nonconformance;.and (2) ing Inspector's July 5,2005 Notice of and with the swimming pool construe- that Section 100-31A permits only one Disapproval,amended March 2,2006, tion, all buildings and structures will single-family dwelling on a lot,and the for lot sizes and side yard setback of the exceed the 20% code limitation of lot as-built alterations create a year-round existing dwelling resulting from a pro- coverage, at 3975 Breakwater Road, accessory cottage. Location of Prop- posed change of-lot lines (re-division Mattituck;CFM Parcel 106-3-8. erty: 3535 Cox Neck Road,Mattituck; of existing Lots 1 and 2). Each lot will 1:25 P.M. THOMAS and MARY (TM 113-3-3.1. remain nonconforming with less than FITZPATRICK #5880. Request for 10:00 AM. LAWRENCE and ANN 80,000 square feet of land area and less Variances under Sections 100-242A EKSTER #5891. Request for a Vari- than 175 feet of lot width,and the side (Walz Interpretation -15039 dated ance under Section 100-30A.3,based on yard will belessthan 20 feet from the 1/24/02) and 100-244, concerning pro- the Building Inspector's April 11,2006 existing dwelling from the revised lot posed additions to the existing single- -�..• • 0 FORM NO. 3 NOTICE OF DISAPPROVAL (ç ; çJo) DATE: September 22, 2005 RENEWED: January 6, 2006 TO: Henry Raynor A/C Tannenbaum 275 Cardinal Drive Mattituck,NY 11952 Please take notice that your application dated September 19, 2005 For permit for"as built" alterations to an existing nonconforming seasonal cottage as applied for Location of property: 3535 Cox Neck Road,Mattituck,NY County Tax Map No. 1000 Section H3 Block 3 Lot 3_1 Is returned herewith and disapproved on the following grounds: The existing seasonal accessory cottage was altered to include heat and to convert a sunroom to a bedroom. The"as built"alterations to . s lion . ' orming seasonal accessory cottage are not permitted pursuant to Article XXIV, Section 00-242A, 'ch states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction 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 regulations pertaining to this building." As a result of the"as built"alteration, the existing accessory seasonal cottage is now a year-round accessory cottage. Therefore, the "as built"alterations are not permitted pursuant to Article XXVI, Sect' n 100-31A, "Permitted Uses." (1) One-f. .wellings,not to exceed one dwelling on each lot. Damon Pet- I r .11i ,Permit Examiner f . • • Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. t. ,ip i • PLI ATION TO THE SOUTHOLD TOWN BOARD OF APPEALS �(�,�, P ��� LC For Office Use Only oa O 4. 7 Fee: $ trio. Filed By: '\- Ot- !9 a Date Assigned/Assig\1nment No. / �iC/ 7 Office Notes: I • - fp ./ / O �„ ,4.( '0 4 ) Parcel Location: House No.3535 Street Cox Neck Road Hamlet Mattituck SCTM 1000 Section 113 Block 3 Lot(s) 3.1 Lot Size 1.266 Zone District R-40 acres I (WEj APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: January 6, 2006 Applicant/Owner(): Stephanie Miritello Mailing Address: 10 Horse Hill Road, Brookville, New York 11545 Telephone: ( 516) 659-0312 NOTE: If applicant is tint the owner,stale if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Richard F. Lark, Esq of Lark & Folts, Esqs. Address: P.O. Box 973, Cutchogue, NY 11935 Telephone: (631) 734-6807 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) $7 Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED September 19, 2005 FOR: ❑ Building Permit ❑ Certificate of Occupancy 7f] Pre-Certificate of Occupancy for an accessor ❑ Change of Use cotage ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100- 242 Subsection A Type of Appeal. An Appeal is made for: 3 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 ❑Reversal or Other A prior appeal 0 has has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Your applicant wants to continue the established seasonal accessory use of the existing guest cottage on the premises. Basically, the application is a request to the Board of Appeals to define the parameters of the use of the existing seasonal guest cottage for which the Southold Town Building Department on January 26, 1984 issued a Certificate of Occupancy. Your applicant is requesting a seasonal use from April 15th to November 15th of each calendar year. Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: (See attached sheet) (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 Building Inspector insists the existing accessory cottage required a variance. (3) The amount of relief requested is not substantial because: (See attached sheet) (4) The variance will NOT have an adverse effect or impact on the physical or environmenta conditions in the neighborhood or district because: (See attached sheet) (5) Has the variance been self-created? ( ) Yes, or ( x ) No. If not, is the constructior existing, as built? ( x ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) (See attached sheet) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( x) Check this box and complete PART 8, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Signature of p ellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) 31stday of January 2006. Stephanie Miritello _ es didtd (Notary Public) BARBARA DIACHUN •. Notary PubRe,State et New York ZBA App 9/30/02 No01014635190-Suffolk Comfy Commission Expires Oct.c.,..,a_6 • a • Page 3 of 3 - Appeal Application Your applicant does not want a second dwelling on the property, just the continued seasonal use of the existing cottage. The Building Inspector claims the existing cottage was altered to include heat and to convert a sunroom to a bedroom. Your applicant as well as the previous owner have not made such conversions and there is nothing in the Zoning Code that prohibits an accessory guest cottage from having a bedroom, bathroom and cooking and heating facilities as long as the use is subordinate to the main use on the property, which in this application is a one family use. (See attached Affidavit of Martin J. Tannenbaum sworn to on January 30, 2006. Part B: REASONS FOR USE VARIANCE Cd requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (See attached sheet) 2. The alleged hardship relating to the property is unique because: (See attached sheet) 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: the existing accessory cottage has existed for many years on this particular property which is in a Residential R-40 District. 4. The request will not alter the essential character of the neighborhood because: (See attached sheet) 5. The alleged hardship has not been self-created because: your applicant's predecessor in title had a Certificate of Occupancy for a seasonal guest cottage which your applicant wants to continue its use. 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet it necessary.) To satisfy the Building Department, this application is necessary to have the Zoning Board of Appeals determine the definition of seasonal use as applies to applicant's property. 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet if necessary.) this existing cottage has been used as a seasonal guest cottage for at least the last twenty years and your applicant wants to continue the use in the future. ( x ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to th, signature and notary area below. S'- Signature Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) 31st_ day of ,,Tan, 200 6 Stephanie Miritello lmgeSti.w n1142-e1��1sc� BARBARADAAMON _Notary Public,State cf New York (Notary Public) Nooiol4535190-Suffolk Ccm(y ZBA App 9/30/02 Corumisswn Expires Oct.51,437 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Applicant : Stephanie Miritello SCTM #1000-113 . 00-03 . 00-003 . 001 Part A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: the use of the existing cottage for the last twenty plus years has been as an accessory seasonal cottage in connection with the principal residence on the property. (See attached Affidavit of Martin J. Tannenbaum sworn to on January 30 , 2006 . (3) The amount of relief requested is not substantial because: there are no changes from its existing use as an accessory cottage to the main dwelling on the property. This accessory structure conforms to height and setback requirements as set forth in §100-33 of the Southold Town Zoning Code. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there will be no change from the prior and existing use of the property as a single family residence with a detached accessory building which is incidental and subordinate to the signal family residence. (6) Additional information: §100-13 of the Southold Town Code defines accessory building as a building detached from the principal building located on the same lot as and customarily incidental and subordinate to the principal building. There are no requirements in the Zoning Ordinance that the accessory building cannot have water, heat, electric and cooking facilities . As such, it is submitted the existing guest cottage on your applicant ' s property conforms to the Zoning Code. a StephT i`- Miritello • 411 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Applicant : Stephanie Miritello SCTM #1000-113 . 00-03 . 00-003 . 001 Part B: REASONS FOR USE VARIANCE (1) The applicant CANNOT realize a REASONABLE RETURN because: Not applicable because an accessory seasonal guest cottage is an established permitted use and the cottage is not rented out to third parties, but used in connection with the single family house on the property. (2) The alleged hardship relating to the property is unique because: the Building Inspector will not recognize the long standing existing accessory cottage on the property. The Building Inspector claims the cottage has heating facilities which have existed since at least 1984 as seen from the attached Affidavit of the prior owner, Martin J. Tannenbaum sworn to on January 30 , 2006 . (4) The request will not alter the essential character of the neighborhood because: the premises will remain "as is" and the buildings on the property have been there a long time . This neighborhood as in the past will remain as its principal use of one family dwellings. Step :nie Miritello • • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Stephanie Miritello Owners: Stephanie Miritello I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: 28.9' x 18.3' Square footage: 528.87 sq. ft. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage: If a sign is proposed, please: N/A A. Give dimensions of existing sign with photograph or sketch with details. B. Give dimensions of new sign. C. Is the new sign replacing an existing sign? Yes_ No_ If so, please explain: II. If land is vacant: N/A Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: N/A IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): N/A V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. There is no new construction. 7/02 � TOWN OF SOUTHOLD PROPERTY RECORD CARD. /�� p Do+r -1. r3=3._ 1`7Ci_e3 /E3 + ER STREET '',17)5- VILLAGE DIST. SUB. LOT Aa t-t-4 ' 14 a kale n i-ztiuM1w- Oily Neck Roar( Vlcl-F-4-i414cL 9 FORMER OWNER N E ACR. _ \ r� I Cox N k , Pr( OH^ -4-50 I . es S W 1_ 04. 8 TYPE• OF BUILDING Gei Yee ti -fr RoseArta d. Q>✓i� base u�+ovC� Es -s RES. a i D SEAS. VL. FARM COMM. CB. MICS. Mkt. Value •ND IMP. TOTAL DATE REMARKS 1 SOC) 5400 7200 9/943* AA4; -Co t-Hbik d e pcoecels 1 goo g4oc) edoo9 9144 Weser -L91 4pi39 - s?lt.l Cuvr4v,0ao 'zoo 57oe teg 69.00 2-!2(99 5113(9"7 BPt5.430 - LSL+ l l LT-nu-m.1 Pno „92 1/141oc &-*3/n7 replaces BPx a43o�F co-a311 , • Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total - :d . VI. Bldg. I Foundation Bath Extension Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place ,r Heat 4111 'orch Pool Attic )eck Patio Rooms 1st Floor 3reezeway Driveway Rooms 2nd Floor 3arage 1 8. . : . • WN OF SOUTHOLD -'. ® : _C ., ..6•6 e, - 7% - 3 - 3 He, . 'OWNER STREET VI LAGE 1 1 DISTRICT SUB. LOT 12MEP/OWNE C lgli//1G )" 7e. i,vACREAGE &. C pefE,vfC.p Ce>�c 1N i Zd-414* I . I U / S W — 1—o+ e TYPE OF BUILDING LA, /II M t of ,4*/O Rasewond D*Ts ,osc Woo S, P1 ' d2 RES.„2;g 0 SEAS. v VL. FARM COMM. - IND. CB. MISC.. , ap_AND IMP. TOTAL DATE REMARKS w !��C°GJ ff / D 4-411. • 7a .0 3,0 co 3 7 e o /0/17 64-&-i r: i ;zr 7/, td & /c o -t 4u.eea' . _. CU5EwaN / Z O o tO O yyO 6 ✓ 3(2 i/�, J !/i � q/1 ,! 3 �J S. G _+ "nano S59 Cav r#+-ex- a )Z '/Z- D OTQ O IS-0 °i/ 3}i 7 5// /7L $L�. �LlP 1?-if T „LD 3ho! '"iero CC Sbb . .#92./ Jo. e 1 a uaoe /Y6 0 s`Z a 6 6 6 0'C) /�3 27 y��,2&I77 8tD PER 9z/ 5� a 72 /st Ba 1"IdDITL r i-G&F 'A.douse ra i a:: lc � U 7,OU ' BJ.peDI4G;ONDITIP /7 Y '/./ 3 1 I VL4 178rn At33UE Ged VEL `F-C° , 7 1Ca I a I I iEt° . . i��rr._.7_L `y1 GG B OLI��//�/�' ABOVE Attie/ /e ?-t /2/2-7-`7 Farm • Acre Value Per Acre Value Aled & el `able P o""/� ut Tillable 2 Tillable, 3 I • Woodland Swampland . Brushland Total C rj 1 _ vvg, 4 'res4 I fri ( ) - i i 4v,-4, i fict 0 • - , • .. .„ ..!,,,.. :, t , - .., A.,. _ ENENINUNIM IgpirimEng Iliffsall11111. • Ina 11 W ra a II I'SHIM Mail a i , 7"/ " 4, .•`. , • ' 4,1, t. • .ze. liartimilrilluliktilisalitil se .. .. Witt.t.‘11 ' eirtr \ Aek Er asiiHes . iii artaietillratil i :42114alt- liallaiiiiiilai Marra .111.11 it an lama 1.11 an SIMMEN 1.1111ri .11.111 r-Itil--M. ...a/SFailliti • , II Offgalliallitillarliallinill WI immra snug inot, Id imitimper11111111111. , . v It ' 171 . .- - '''.' td4-ceS Ilicill=la 1111,11111NW IMMESerilliall. 11111.1.1111.1111 notown_orst, in imitemn mirki_raiti _ 101Par. (; ) 4'7.17 somillie NUMMI n1111111501214111111111m tentrill • MINIM1111 IIIIIIIII *444,4 umma._,J111 _ .71-Yrari!!„,„.-,fr,i,n. : • c Bath / _ - /c../( Mil Floors , a.5# Ile. ffli p4 n ft:"6 '? - ii A M. Bldg. / o ( 2 ' v riorpirmli Basement Fl MINN! 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Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Anplicant(s) Municipal File Number(s) IVlanos,Peter&Arlene 5730 Klein, Geri Aimine 5793 &5853 Curran, James 5795 Neumann, James 5822 Olvasid Realty* 5828 Fischer,Daniel 5833 Aliano,Nicholas** 5846 Hajek,Frank&Rose 5847 Miritello, Stephanie \. 5849 Chapman,John 5857 343 East 18 LLC (Lowry) 5860 Sweeney,Jim& Susan 5865 Ward,Richard&Susan 5867 Estate of Glenn Boocock 5868 Kennedy, Sheila 5870 Galizia,Henry 5871 Baner, John&Denise 5874 Perillo, Thomas*** 5879 Fitzpatrick,Thomas&Mary 5880 Romanelli Brothers 5882 Perry, Richard&Kim 5886 Pollio, Anne 5889 Ekster,Lawrence&Ann 5891 Deegan, Francis&Nancy 5892 Bissett,James III 5894 Sutton,Alexander&Tracy 5898 Sullivan,Robert&Jackie 5902 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 .; 2 • • Latham, Stephen&Joan 5904 Fitzgerald, James 5905 Constantino,Ralph&Carmela 5908 Mascia, Philip 5899 Thermos,Barbara 5910 Gonzales, Joseph 5917 Albrecht, Scott&Wendy 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff. ***The proposed 15 ft.wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Peconic Bay Blvd. Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 APPEALS BOARD MEMBERS ,,,',,,, 5 00741 • Mailing Address: SOF Ruth D. Oliva, Chairwoman d y� Q Southold Town Hall / 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer > t #t 1 Southold,NY 11971-0959 James Dinizio, Jr. 1 G Q �� Office Location: Michael A. Simoni�tit Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman '_� Oo'nM ,d 54375 Main Road(at Youngs Avenue) u..'age' Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631) 765-9064 Ik July , 2006 Mr. Richard F. Lark, Esq. Lark & Folts Esqs. Po. O. Box 973 Cutchogue, New York 11935 Re: ZBA Ref. 5849 Stephanie Miritello —Variance Determination Dear Mr. Lark: Please find enclosed a copy of the above-noted determination rendered by the Zoning Board of Appeals at its June 8, 2006 Meeting. Please be sure to file an extra copy of the enclosed variance determination when submitting other final documents, or amendments, with the Building Department. Thank you. Very truly yours, Linda Kowalski End. Copy of Decision to: Building Department • • • LARK& FOLTS Attorneys at Law r 4i� 28785 MAIN ROAD �6�61 PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARYLOUFOLTS February 6 , 2006 Southold Town Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE : Stephanie Miritello (SCTM #1000-113 . 00-03 . 00-003 . 001) Gentlemen: In connection with the above-captioned matter, I am enclosing seven sets of the following: 1 . Copy of Notice of Disapproval from the Southold Town Building Department dated September 22 , 2005 and renewed January 6, 2006 along with Application for Building Permit dated 9/19/2005 . 2 . Application to the Southold Town Board of Appeals sworn to on January 31, 2006 with proof of filing with the Southold Town Building Department . 3 . Project Description with attached photographs . 4 . Short Environmental Assessment Form. 5 . Z.B.A. Questionnaire . 6 . Applicant Transactional Disclosure Form. 7 . LWRP Consistency Assessment Form. 8 . Survey prepared by John Gallagher Land Surveyor dated September 15, 2005 . 9 . Town of Southold Property Record Card. 0 • Southold Town Board of Appeals -2- February 6, 2006 10 . Check No. 1785 of Stephanie A. Miritello payable to Southold Town Clerk in the amount of $400 . 00 for the filing fee . If all is in order, kindly place this matter on the May 25th, 2006 Board of Appeals agenda and notify me of the time of the hearing. If you have any questions, do not hesitate to call . Very tr ly yours, i chard F. Lark RFL/bd Enclosures ErarU4 Ibr IN9 weo+ .c.. ,„ I y f w •. r' .�• f .44, E. iiih: iiii, '. ,", ..,.-!-.1"...-..*.4,7.. .,r: t i. .. . 111 Itaiiiiiiik_ 4 rirl M ______ .a , 11.4. t.,. .‘,..4 . ,. '�_T .� a 1.•t'It. •'e` dil f; r ��i 4 _��"r�T r. 11;i Rt� .....J: -.1.1 __ t•; '.i il,,'...i...j._. _ __ .. . }}y y1 • _ . T— J 11..)W' Side )O K„13 SOf6 ,' + i' 4 ro411( d'` '•: ,� fir . : , IP 4iiiiicW • f `\4 1 til° -T- ' - r .-. Y '. 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K .. • i - .ice- • 4'.. .'4. • ?_ r ,. moi' TOWN OF SOUTHOL �f f" `' 1-1• io �t BUILDING IT APPLICATION CHECKLIST • BUILDING' DEPARTM 19 t`! 1 i Do a or need the following,before applying? TOWN HALL V i 2005W. ll Board of Health SOUTHOLD,NY 1197 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 ? I Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 0_ Mail to: Disapproved a/c l !Q G Phone: Expiration ,20_ 411.417 Bu; •.g Inspec or APPLICATION FOR BUILDING PERMIT Date ` 1( 7 , 2004 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,or alterations or for removal or demolition as herein described.The. applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. 4tritta ) A tnre app 'c. . .: „e,if a corporation) (Mailing address o app c, it) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder • Name of owner of premises h)4g1")N f-fQS NG • N/ 4-n!(Rf-wrrl (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Dcilders License No: _ Plumbers License No. Electricians License No. Other Trade's License No. 1. 3 cation f land on which proposed work will e done: G 4:4,64 House Number Street amlet County Tax Map No. 1000 Section Block Lot Subdivision Filed Map No. tot d (Name) • 2. State existing use and occupancy of premises and intended user and occupancy of proposed construction: a. Existing use and occupancy ,..04.4,-,Ayried RA- 4 . s b. Intended use and occupancy . tri _R RN .VIN kia 1 3. Nature of work(check which applicable): New Building Addition Alteration N Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of'same structure with alterations or additions: Front Rear Depth Height Number of Stories ` 8. Dimensions of entire new construction: Front Rear Depth • Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 0., - ti O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO 13. Will lot be re-graded?YES_NO S Will excess fill be removed from premises?YES NO/S 14. Names of Owner of premises Wt Rt" t t'€PNl?ddressi:Cl.S i.t&ck ler/Phone No. 1-q c— .C-Sr) Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY 066{4,0U/11-4WIR 44 E- OCi. nr being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing'contract)above named, . (S)He is the eta-_-14 / (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 knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. S 'Alto befoday o .7•02012/41.1-7 200 . 1 i GI 64,— _ _ Z elL 4_ Not blic Signature • A•(•hcant MELANIE DOROSIO NOTARYN.000464870 WNW In Suffolk Counttyy catmission Emus September 3% d. • / •4 RE: Southold Town Zoning Board of Appeals Application of Stephanie Miritello STATE OF FLORIDA: ss. COUNTY OF CITRUS: MARTIN J. TANNENBAUM, being duly sworn, deposes and says : 1 . I presently reside at 18 Redbay Court West, Homosassa, Florida 34446 . I am the previous owner of the premises at 3535 Cox Neck Road, Mattituck, New York (SCTM #1000-113 . 00-03 . 00- 003 . 001) . 2 . On September 20, 2005, I sold the premises to Stephanie Miritello. I am making this affidavit from my personal knowledge of this accessory cottage from the time I purchased the premises on October 4 , 1984 until I sold it to Stephanie Miritello on September 20, 2005 . 3 . I and my wife, Rossana G. Tannenbaum, purchased the subject premises on October 4, 1984 from Billy J. Carpenter and Cathleen V. Carpenter. At the time of our purchase we were given a survey of the premises prepared by Young & Young which had been revised as of Aug. 6, 1984, a copy of which is attached hereto as Exhibit A. The buildings on the property at that time were a garage in the front yard, a two story frame house and a one story cottage which were all on the premises in the locations as shown on the survey. At the closing when I purchased the premises I was given the following Certificates of Occupancy: (a) Certificate of Occupancy No. 212229 dated January 27, 1984 for the one-family dwelling and accessory garage; (b) Certificate of Occupancy No. Z12222 dated January 26, 1984 for an addition to 1 • • a one family dwelling; (c) Certificate of Occupancy No. 212221 dated January 26, 1984 for an above-ground swimming pool; and (d) Certificate of Occupancy No. Z12224 dated January 26, 1984 for a seasonal guest cottage with an attached greenhouse, all of which are attached hereto as Exhibit B. 4 . I am stating from my own knowledge that when I bought the property with my wife on October 4, 1984, the guest cottage was an 18 ' x 28 ' building the same as it is today, except for the repairs and improvements which I made over the years. At the time I brought the premises in 1984 and looked at the Certificate of Occupancy, I noted that even though the cottage was in disrepair it did not have an attached greenhouse . I asked the obvious question as to what happened to the greenhouse and was told the cottage was in its present state for many years . I was further informed the cottage had been there since the 1930 ' s and had been previously rented out as a summer cottage . Looking at the construction I agreed this structure had been there for a long time. 5 . The physical layout of the interior of the cottage at the time I purchased the property in 1984 is the same as it is today. The only real difference is it was in disrepair when I purchased it, and during the time I owned it I continually upgraded it to what it is today. The entrance door is on the east side which opens up into a room where the kitchen, eating area and living room are all in one room. The stove, refrigerator and sink are located on the north wall of this room. The northwest corner of the cottage contains an unheated bathroom 2 • • where there is a toilet, sink and shower. The southerly portion of the cottage contains a separate bedroom. 6 . The improvements I made to the cottage over the years are as follows : I changed the windows in the existing bedroom to Andersen thermo pane windows. I upgraded the electrical service by replacing the electrical panel in this bedroom area (New York Board of Fire Underwriters Certificate No. N769816 dated September 18, 1986 which is attached hereto as Exhibit C) . I also installed two skylights in the living room area. To help remove the chill and dampness in the Spring and Fall, I upgraded the heat with a safe, efficient propane gas heater which hangs on the wall in the living room; and is vented to the outside . I replaced the refrigerator, stove and sink as well as the shower, toilet and sink in the bathroom. 7 . A few years ago I replaced and upgraded the cesspool . I remember at the time when Raymond Nine was installing the cesspool that for some reason Gary Fish of the Southold Town Building Department visited the premises . He looked around and inspected all of the buildings, in particular the cottage . I do remember him being a little aggravated saying the cottage was a year round building and should have the necessary permits. I told him I did have a Certificate of Occupancy for the cottage and I had not changed anything but merely made repairs and did improvements over the years . I also informed him it was just strictly used as a guest facility for my family. I showed him the upgrades that I had done to this cottage. Needless to say, 3 • • he was not seem happy, he went away and I never heard from him again. 8 . When I was selling the house in 2005, I was informed I had to get updated Certificates of Occupancy for both the house and the pool from the Southold Town Building Department . In the process of obtaining these updated Certificates (copies of which are attached hereto as Exhibit D) I noted the Building Inspector indicated a variance was required for a permit to convert the cottage to year round use. I do not know where the Building Department gets its information, but when I tried to explain to them there was nothing to convert as this cottage existed in its present state for many years and was the same as when I bought it, for which I had a Certificate of Occupancy. The Building Department personnel would not give me a straight answer except indicated I had to go to the Board of Appeals. I finally gave up talking to them and sold the premises to Stephanie Miritello. 9 . As to the use of the cottage when I and my wife owned it, the Board of Appeals should be aware we had seven children who lived with us on and off over the years and this cottage was used strictly as a overflow for our family. It was never rented to third parties and in effect it was just an extra bedroom used on the weekends for our children and their friends . There was always a family member or their guest that slept in the cottage whenever it was used for sleeping. In the summertime the cottage was continually used as a cabana for the pool for people to change their clothes and take a shower rather than to use the residence on the property. Over the years during various times 4 • my mother-in-law, Brina Garrow, stayed in the cottage . Also at times my son-in-law, Daniel Herrick and my brother-in-law, Steven Garrow lived there for periods of time, but it was always between April and November, never in the wintertime. The heat which seems to be an issue was upgraded by Van Duzer to make it safe and efficient and take away the chill in the cool mornings and evenings when the cottage was used for overnight sleeping purposes . The room which is used a bedroom is the same today as when I bought it and still there is no heat in this room. In the wintertime the pipes were drained and it was winterized and the Board should be aware the water for the cottage is provided through a water line coming from the residence on the property. 10 . My wife, Rossana and I have no financial interest in Stephanie Miritello' s application to the Southold Town Zoning Board of Appeals . However, if there are any questions the Board would like to ask me concerning the cottage, please do not hesitate to contact me. I would be glad to furnish any additional information that is requested. Again, I do not understand the Building Department requiring Stephanie Miritello to make application because as I indicated this guest cottage is basically the same as when I purchased it in 1984 . // :rti J. Tannenbaum Sworn to before me this 30 day of January, 2006 ,,__/ �//J L14 'otary Pu lic ,.;,;$-.4, SHEILA ANN MEYER riv ." '1g•'ON r 0D245446 5 ,��Y`�� - ;cate 2007 .¢nre, bonuso I p Weeternburety Co. 1 wf:Lf. I now or formerly CD 0 I • -lb Q Cathleen V . Carpenter L v 44 1 • IN S.86°2 *t. 1 ;4 ' 7 ear # . I u 264.46 I A 61 SL. c a 1 x J }aj n' p-^T``i £ 4p is s :.,. ;� _� (n 4[. /.. AAe Off. •N p, s /La 1Sr , :. N• i— ma Dr (0 t =r }i 3 Z.O O O 4 3 • A y t tfi C a' Trh ,� oi IN) • To al Area = 1.266 Acres e"osi �" • a` a_cif.„, .. s_ 4, EiNAUTHORIZED ALTERATION Oft AD01110111 O O • C.!' - TO MLS SURVEY IS A VIOLATION OF 71.0 {1 M • � =NON]209 OF ME NEW YORK STA/l N ED 01iC+T10N UW. Nco CONES OF MIS SURVEY MAP NOT Kum I- - i Ili fllF IAND SUPVEYOR'S INKiD SlAI W3.�' EMBOSSED SEAL SHALL NOT N CONSIDERED O TO N A VALID TRUE COPY. GUARANIE[f INDICAi:U WREON SMALL;Mun •n... a ONLT i0 tME K15Wr iCR WHOM 711[fUfYE�t - IV If nunretD,AND ON WS CHART?OMR F TM COMPANY,GOVERNMENTAL Adria And -.,ii. .C Hit 3510415INSTITUTIN LISPED H.SEOI{AND ::�i ,_ - �� " N.86°I$'0o'W, 206.66 TO TIE ASSiGIEfs OF Me LOT 1 run' /. X11 % :�wf _ Aro ODITTION WSSnNT104TOR UtlLM:M1 YOUNG ROSEWOODMaoy YOUNG & Y G , -4150,-, DRIVEAgo 6, Ig71 400 OSTRANDER AVENUE, RIVERHEAD, NEW YOR -..� - : : ,z : t 18 A,1li l0 19T1_r 'ALDEN W YOUNG HOWARD YOUNG I. b '- 410-04 84. ►ROrtfllONAL ENIN[ OiN ARio.S- .. ., y LAND Ma ' 'r a' S - -~ I .EYRVE .AMOTOR,N.'r D Lit NO•I:Ras ICtY. LIG A4As A• s .y;;. 4 l 1SURVEY FOR. 1 44: • ! w '�i BILLY. JOE CARPENT oFEk ,, • CATHLEEN VrCARP- crt �o+- ,`+rte a1 c`w r • ,K. . . ..`.4 . - T '.: •71. .Ye-I., = '' AT Ydji Or MATTITUCK • 1SOU o 1A' l , "i r � --(1..-;• . ' x.14°:e✓• ...J.- �i`v t.-ca`.'i:•,'..,3 Rl'it .-r..• .,. • $ " §.. .1-4.:- . ,a. .�'.. i. ' E. OS�T_, OF F C. .0 (. .. , •• • 'CVf: .* %_ = fSOUTHOLD --i• TL U , • 7. • t{z.,.. :. r r¢# ' I p . T + yc,, tY. i ..6(IUA1E PLACED m:. c Li, . . '• R +•;t".1 q # tto CO,4-ttirs . • i � � / r ,g7tE FOUND'ls l ': � • u - I E1r4'3 +C ,_7,Lt:, i.w-R14 Y „li 0164,1.+. r f Y- 7. ' g + E + -4. t . ; 6:-¢' yT .' S'-' �; i'''144;440.01; .xt:, A ., t `I! i! ;:irY 3?dw . �' :ttc i ! } ` , . w, Fira; � ,1 + �04fEE L16 1971/ - r._ S� R'H z.: e: y„., n.�-uW8r•. s ' . . C f - ' Ea .1 '.+ -^yud r)VfA -e5<-. }$ ,Tar A .:� ..raR T ago v. 1 - - y» r " . ) tC .37:71i1.1.::/' `.Vr�li`ev� T;7r Ji'i .. � :LE;: l''''?'”/ -ura 1.R '1,:b11,..;#:- J".;O, ..S.'III'--;:.11.--;',I,:;._ [ i: . .i:• .. : +i./. . • . TOWN OF SOUTI-IOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTIIOLD. NEW YORK CERTIFICATE OF OCCUPANCY No . Z12229 • NONCONFORMING PREMISES January 27 , 1964 THIS IS TO CERTIFY that the /x/ Land • /X/ Building(s) /—/ Use(s) • located at 3539 Cox Neck Road Mattituck Street Hamlet shown on County tax map as District 1000, Section 113 , Block 3 Lot 0Q3 does not conform to the present Building Zone Code of the Town of Southold for the following reasons: The property has insufficient area . The dwelling has ir,aullicient side yard setback . There is an accessory orage in the front yard . On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /X/ Land /X/ Building(s) / /Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cat^ is issued is as follows: a private one-family dwelling and accessory garage . The property is located in the 'A ' Residential-Agricultural Zoned District . The Certificate is issued to BILLY & CATHLEEN CARPENTER (owner, -lesseeat-te4d,.t) of the aforesaid building. Suffolk County Department of Health Approval no record UNDERWRITERS CERTIFICATE NO. no record \(.c.t.to 2o0 44..1 Buildin I Spector EXHIBIT • • FORM NO.4 ( • TOWN OF SOUTHOLD BUILDING DEPARTMENT • Office of the Building Inspector • Town Hall Southold, N.Y. Certificate Of Occupancy No. Z12222 Date JANUARY 26 , 19$4. THIS CERTIFIES that the building ADDITION Location of Property .3 530. .COX .NECK RD.. MATTITIICFK Ouse o. Street Hamlet County Tax Map No. 1000 Section 113 Block 3 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 12 , 19 76 pursuant to which Building Permit No. 8580Z dated MAY 12 19 7.G ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . .FOR .AN ADDIT.ZQN. IQ.A. QATE. FAI`1ILX .AWB1.41I140 The certificate is issued to . .CATH LEEN. .CARPE.NTER . & .$IL)IX.JOF. .CARP.ENTER (owner,lessee or tenant) of the aforesaid building. • Suffolk County Department of Health Approval NSA UNDERWRITERS CERTIFICATE NO N/A Building Inspector Rw.1/at EXHIBIT i . o FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT • Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.Z12221 Date -:. . . ,JANUARY. 26. , 19 .84 THIS CERTIFIES that the building .ACCESSORY Location of Property .3539. .60X. NECK RD. frIATTIMUCK Street House No. Hamlet County Tax Map No. 1000 Section . . . . 1]3, . . . .Block 3 Lot . . . . r 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 26 19 84 pursuant to which Building Permit No. 12847Z dated . . .JANUARY. .26 19 8.4 ,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 . . . FAR.AN .ABODE-GROUND. SWIMMING. P.QOI+ The certificate is issued to . . .CAI'.IILIfl CARPENTER (owner,lessee or tenant) of the aforesaid building. N/A Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO PENP.INQ 7..;:ctima Cia...o Glt p� Building Inspector Rev.1/81 i I EXHIBIT e s . FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT • Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . .Z1.2224 Date . . . .JANUARY. 26 , 19 84 THIS CERTIFIES that the building dwelling & gFeenhogsig Location of Property 3539 COc NECK RD, MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section . .113 Block 3 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated ApRz>r, 28 , 197.7. .pursuant to which Building Permit No. 92.142--- 9215Z. . . . dated APRIT. 2.8 19 7.',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 FOR A SEASONAL GUEST COTTAGE WITH AN Att;aglipcl .gre..Qn1}P}t.SE The certificate is issued to BILLY JOE & CATHLEEN CARPENTER (owner,lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . .NIA UNDERWRITERS CERTIFICATE NO N/A Building Inspector Rev.1/81 - EXHIBIT B • • ..r , 7RrOpCT.F,.CA THE NEW YORK BOARD OF FIRE UNDERWRITERS 0062 BUREAU OF ELECTRICITY 85 JOHN STREET. NEW YORK.NEW YORK 10038 Date September 18, 1986 413386/86 N 769816 Application No.on file CERTIFIES THAT .e electrical equipment as described below and introduced by the applicant named on the above application number in the premises of tin Tannenbaum, 3535 Cox Neck Road, Mattituck, N.Y 'allotting Mention; ❑ Basement 1:1 1st FL 0 2nd Fl. Section Block Lot 'mined on -September 11, 1986 and found to be in compliance with the requirements of this Board. ; RECEPTACLES SWITCHES .FIXTURES RANGES COOKING DECKS OVENS OVENS DISH WASHERSf EXHAUST FANS S - INCANDESCENT FLUORESCENT '.41156, AMT, K.W. AMT. K.W. AMT. K.W. AMT. K.W. AMT. N.P. IS FURNACE MOTORS FUTURE APPLIANCE FEEDERS SPECIAL Mitt TIME CLOCKS BELL UNIT HEATERS MULTI-OUTLET DIMMERS'. TRANS. AMT. H.P. NOSY.OF FESTEMSET AMT. WATTS 3 DISCONNECT NO.OF S E R V I C E AMI. TYPE METER NO.OF CC COND A W.a .W. A EQUIP. 1 A 2W 1 0 3W 3 B 3W 3 p 4W PER 8 OF CC COND. NO NLIFG DFAAIL?, NO.OF NEUTRALS NW.EUG.TRAL 100_ CBX 1 4 1 4 TARATUS: 401110. .�' a}4 (�ttstaV 'Bartara 227E Srealcsatec I Road Mattituck,' N.Y. 11952 Lac: 1529E °mai I.MANAGER 11 Per ificate must not be altered in any manner;_return to the office of the Board if incorrect. Inspectors may be identified by their credeMiolci • EXHIBIT C FORM NO. 4 • • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING • CERTIFICATE OF OCCUPANCY No: Z- 31163 Date: 09/15/05 • THIS CERTIFIES that the building DWELLING Location of Property 3535 COX NECK RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. -473889 Section 113 Block 0003 Lot 003.001 Subdivision Filed Map No. Lot. No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31163 dated SEPTEMBER 15, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING* - NOTE: VARIANCE REQUIRED FROM ZONING BOARD OF APPEALS & A BUILDING PERMIT ISSUED TO CONVERT COTTAGE TO YEAR ROUND USE. The certificate is issued to MARTIN J. TANNENBAUM (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. A thorized Signature • Rev. 1/81 rb D ' •• • FORM NO. 4 . r TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: 2-31126 Date: 08/22/05 44. THIS CERTIFIES that the building ACCESSORY Location of Property: 3535 COX NECK RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 113 Block 3 Lot 3.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 14, 2005 pursuant to which Building Permit No. 31277-Z dated JULY 14, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to MARTIN J TANNENBAUM & WF (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2066209 08/12/05 PLUMBERS CERTIFICATION DATED N/A utberized Signature Rev. 1/81 EXHIBIT 1) a3 3 / 3 / S QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes El No - B. Are there any proposals to change or alter land contours? ❑Yes 6 No C. 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? No 3) Is the property bulk headed between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A D Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Yes (If none exist, please state "none" ) The perimeter of this property is now fenced. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state G Do you or any co-owner also own other land close to this parcel? No If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel residential and proposed use residential Authorized Signatur and Date 1/T-17-6-6— Stephanie 31 06Stephanie Miritello PROJECT I.D NUMBER • 1110. . SEAR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2 Project Name Stephanie Miritello Accessory guest cottage 3.Project location: Municipality County Town of Southold County of Suffolk 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) - 3535 Cox Neck Road, Mattituck, New York (SCTM #1000-113.00-03.00-003.001) 5.Is proposed action: (X)NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: To obtain a variance and/or a determination from the Southold Town Board of Appeals to define the period of seasonal use for an accessory guest cottage. 7.Amount of land affected: Initially: 1.266 acres; Ultimately 1.266 acres 8.Will proposed action comply with existing or other existing land use restrictions:(X)YES ( )NO If No,describe briefly- 9. riefly9.What is present land use in vicinity of project:(describe): (X)Residential ( )Industrial ( )Commercial ( )Agricultural ( )Par-lc/Forest/Open Space ( )Other single family houses 10.Does action Involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES (X)NO If Yes,list agency(s)and permit/approvals: 11.Does any aspect of the action have a currently valid permit or approval? (X)YES ( )NO If Yes,list agency(s)and permit/approvals. Southold Town Building Department — Certificates of Occupancy Nos. Z12221, Z12222, Z12224, Z12229, Z-31126 and Z-31163 which are attached' to the Affidavit of Martin J. Tannenbaum sworn to on January 30, 2006. 12.As a result of proposed action,will existing permit/approval require modification? (X)YES ( )NO If Yes,list-agency(s)and permit/approvals: Southold Town Board of Appeals, define seasonal I certify that the information provided above is true to the best of my knowledge use. Applicant/Sponsor Name: Stephanie Miritello Date: 1131/06 Signature: Affl ow If the action is In the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment 1110 APPLICANT TRANSACTIONAL DISCLOSURE FORM 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: Miritello, Stephanie (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 or company name) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: 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: N/A Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officcr or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 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 N/A Submitted thi - at day • Janu. 20.06 Signature Print Name: tep z"e Miritello i,„, 1II,�®F, QF Soij,j- _ ELIZABETH A.NEVILLE ® Town Hall, 53095 Main Road TOWN CLERK ; Atli Jlig % P.O. Box 1179 REGISTRAR OF VITAL STATISTICS sn �c Southold, New York 11971 MARRIAGE OFFICER �� 45? II Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �� \‘‘..6;61 � Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER c®UFI�, ® southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 14, 2006 RE: Zoning Appeal No. 5849 Transmitted herewith is Zoning Appeals No. 5849 of Stephanie Miritello-the Application to the Southold Town Board of Appeals. Also enclosed is a Survey of the property dated July 6, 1971, a Certificate of Occupancy Nonconforming Premises, a Certificate of Occupancy for an addition to a one family dwelling, a Certificate of Occupancy for an above-ground swimming pool, a Certificate of Occupancy for a seasonal guest cottage, a certificate from The New York Board of Fire Underwriters, a Pre-Existing Certificate of Occupancy dated 9/15/05, a Certificate of Occupancy dated 8/22/05, a letter from the Attorney Richard Lark, a Project Description with seven color photographs attached, a Notice of Disapproval along with the Application for Building Permit, a Town of Southold Property Record Card, Short Environmental Assessment Form, Questionnaire for Filing with the Z.B.A Application, Applicant Transactional Disclosure Faun, an LWRP Consistency Assessment Folin, and a Survey prepared by John Gallagher Land Surveyor dated September 15, 2005. Town Of Southold „ . P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 02/13/06 Receipt#: 1785 Transaction(s): Reference Subtotal 1 1 Application Fees 5849 $400.00 Check# 1785 Total Paid: $400.00 Name: Miritello, Stephanie 10 Horse Hill Road Bronxville, New York 11545 Clerk ID: MICHELLE Internal ID 5849 • �— Pm,2-10-+- • • APPLICATION TO THE SOUTHOLD TOWN BOARD O'F�APPE'AFLS yt For Office Use Only E3i.T'G DE- 'T. Fee:$ Filed By: Date Assigned/Assignment No. C•: 30L THOLD Office Notes: Parcel Location: House No.3535 Street Cox Neck Road Hamlet Mattituck • SCTM 1000 Section 113 Block 3 Lot(s) 3.1 Lot Size 1.266 Zone District R-40 acres I (WE}APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: January 6, 2006 Applicant/Owner(s): Stephanie Miritello Mailing Address: 10 Horse Hill Road, Brookville, New York 11545 Telephone: ( 516) 659-0312 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,al chitect,builder,contract vendee,etc. Authorized Representative: Richard F. Lark, Esq of Lark & Folts, Esqs. Address: P.O. Box 973, Cutchogue, NY 11935 Telephone: (631) 734-6807 Please specify who you wish correspondence tb be mailed to, from the above listed names: ❑ Applicant/Owner(s) 1 Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED September 19, 2005 FOR: ❑ Buiiding Permit ❑ Certificate of Occupancy X] Pre-Certificate of Occupancy for an accessorcottage ❑ Change of Use 0 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100-242 Subsection A Type of Appeal. An Appeal is made for: 3 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 ❑Reversal or Other A prior appeal 0 has R has not been made with respect to this property UNDER Appeal No.- Year , S. I •• 1 ' Page 2 of 3 - Appeal Application Your applicant wants to continue the established seasonal accessory use of the existing guest cottage on the premises. Basically, ,the application is a request to the Board of Appeals to define the parameters oflthe use of the existing seasonal guest cottage for which the Southold Town Building Department on January 26, 1984 issued a Certificate of Occupancy. Your applicant is'requesting a seasonal use from April 15th to Novewber 15th of each calendar year. . Part A: AREA VARIANCE REASONS (attach extra sheet as needed): , (1)' An undesirable change will not be produced In the CHARACTER of the neighborhood 'or a detriment to nearby-properties, if grpnted, because:'; (See attached sheet) (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 Building Inspector insists the existing accessory cottage required a variance. ' , (3) The amount of relief requested is not substantial because: '(See attached sheet) . , (4) The variance -will NOT have an adverse effect or impact on the physical or environmenta conditions in the neighborhood or district because: (See attached sheet) . . (5) - Has the variance been self-created? ( ) Yes, or ( x") No. If not, is the constructior existing, as built? ( x )' Yes, or ( ) No. . (6) Additional information about the'surrounding topography and.building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) (See attached sheet) , This- is the MINIMUM that is necessary and adequate, and at the same time 'preserves and protects the character of the neighborhood and' 'the health,- safety, and..welfare of the community.' i ( x) Check this box and complete PART, B, Questions on next page to''apply USE VARIANCE . STANDARDS. (Please consult'your attorney.) Otherwise, please proceed' to the signature and notary area below. - i - Signature of p•ellant or Authorized Agent • Sworn to before me this (Agent must submit Authorization from Owner) ' 31st day of, January , 2006. - ' ; Stephanie Miritello ' / _ (Notary Public) ,, , BARBARA D'ACHHUN • ' , 'Notary Pubiic,State cf New Y.Iac , ZBA App 9/30/02 No01Di46351a0•Wok C.,mty - Commission Wei Oct.S;,"r3..6 , 1 • Page 3 of 3 - Appeal Application Your applicant does not want a second dwelling on the property, just the continued 'seasonal use of the existing cottage. The Building Inspector claims the existing ,cottage was altered to include heat and to convert a sunroom to a bedroom. Your applicant as well as the previous owner have not made such conversions and there is nothing in the Zoning Code that prohibits an accessory guest cottage from having a bedroom, bathroom and cooking and heating facilities as long as the use is subordinate to the..main use on the property, which in this application is a one family use. (See attached Affidavit of Martin J. Tannenbaum sworn to on January 30, 2006. Part B: REASONS FOR USE VARIANCE (if requested): • For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (See attached sheet) - 2. The alleged hardship relating to the property is unique because: '(See attached sheet) - • 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: the existing accessory cottage has existed for many years on thisparticular property which is in a Residential R-40 District: 4.,The request will not alter the essential character of the neighborhood because: (See attached sheet) 5. The alleged hardship has not been self-created because: your applicant's predecessor in title had a Certificate of Occupancy for a, se'asonal guest cottage which your ' applicant wants to continue its use. 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) To satisfy the Building Department, this applicatioi is necessary to have the Zoning Board of Appeals determine the definition of seasonal use as applies to applicant's property. 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) this existing cottage has been used as a seasonal guest cottage for at least the last twenty years and your-applicant wants to continue the use in the future. ( x ) Check this box and complete PART A?, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. 1I • Signature "Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) 31st�f .agnuary ,200-6 .- Stephanie Miritello BASNAIA DAMN-Wary Pubrc,Stats cf New York (Notary Public) No0104535;;kl-Suffolk Co'm ZBA App 9/30/02 Coatrrl.J^'ekA Dp,!es Got. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Applicant : Stephanie Miritello SCTM #1000-113 . 00-03 . 00-003 . 001 Part A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: the use of the existing cottage for the last twenty plus years has been as an accessory _seasonal cottage in connection with the principal residence on the property. (See attached Affidavit of'Martin J. Tannenbaum sworn to on January 30, 2006 . (3) The amount of relief requested is not substantial because:. there are no changes from its existing use as an accessory' cottage to the main dwelling on the property. This accessory structure conforms to height and setback requirements as set forth in §100-33 of the Southold Town Zoning Code. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there will be no change from the prior and existing use of the property as a single family residence with a detached accessory building which is incidental and subordinate to the signal family residence. (6) Additional information: §100-13 of the Southold Town Code defines accessory building as a building detached from the principal building located on the same lot as and customarily incidental and subordinate to the principal building. There are no requirements in the Zoning Ordinance that the accessory building cannot have water, heat, electric and cooking facilities . As such, it is submitted the existing guest cottage on your applicant ' s property conforms to the Zoning Code. 4101 —Ah Air Av Steph=nie Miritello APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Applicant : Stephanie Miritello SCTM #1000-113 . 00-03 . 00-003 . 001 Part B: REASONS FOR USE VARIANCE (1) The applicant CANNOT realize aREASONABLE RETURN because: Not applicable because an accessory seasonal guest cottage is an established permitted use and the cottage is not rented out to third parties, but used in connection with the single family house on the property. (2) The alleged hardship relating to the property is unique because: the Building Inspector will not recognize the long standing existing accessory cottage on the property. The Building Inspector claims the cottage has heating facilities which have existed since at least 1984 as seen from the attached Affidavit of the prior owner, Martin J. Tannenbaum sworn to on January 30 , 2006 . (4) The request will not alter the essential character of the neighborhood because: the premises will remain "as is" and the buildings on the property have been there a long time. This neighborhood as in the past will remain as its principal use of one family dwellings. ' Step :nie Miritello a' • RE: Southold Town Zoning Board of Appeals Application of Stephanie Miritello STATE OF FLORIDA: . ss . COUNTY OF CITRUS: MARTIN J. 'TANNENBAUM, being duly sworn, deposes and says : 1 . I presently reside at 18 Redbay Court West, Homosassa, Florida 34446 . I am the previous owner of the premises at 3535 Cox Neck Road, Mattituck, New York (SCTM #1000-113 . 00-03 . 00- 003 . 001) . 2 . On September 20, 2005, I sold the premises to Stephanie Miritello. I am making this affidavit from my personal knowledge of this accessory cottage from the time I purchased the premises on October 4, 1984 until I sold it to Stephanie Miritello on September 20, 2005 . 3 . I and my wife, Rossana G. Tannenbaum, purchased the subject premises on October 4, 1984_ from Billy J. Carpenter and Cathleen V. Carpenter. At the time of our purchase we were given a survey of the premises prepared by Young & Young which had been revised as of Aug. 6, 1984, a copy of which is attached hereto as Exhibit A. The buildings on the property at that time were a garage in the front yard, a two story frame house and a one story cottage which were all on the premises in the locations as shown on the survey. At the closing when I purchased the premises I was given the following Certificates of Occupancy: (a) Certificate of Occupancy No. Z12229 dated January 27, 1984 for the one-family dwelling and accessory garage; (b) Certificate of Occupancy No. Z12222 dated January 26, 1984 for an addition to 1 a one family dwelling; (c) Certificate of Occupancy No. Z12221 dated January 26, 1984 for an above-ground swimming pool; and (d) Certificate of Occupancy No. Z12224 dated January 26,, 1984 for a seasonal guest cottage with an attached greenhouse, all of which are attached hereto as Exhibit B. 4 . I am stating from my own knowledge that when I bought the property with my wife on October 4, 1984, the guest cottage was an 18 ' x 28 ' building the same as it is today, except for 'the repairs and improvements which I made over the years . At the time I brought the premises in 1984 and looked at the Certificate of Occupancy, I noted that even though the cottage was in disrepair it did not have an attached greenhouse. I asked the obvious question as to what happened to the greenhouse and was told- the cottage was in its present state for many years . I was further informed the' cottage had been there since the 1930 ' s and had been previously rented out as a summer cottage . Looking at the construction I agreed this structure had been there for a long time . 5 . The physical layout of the interior of the cottage at the time I purchased the property in 1984 is the same as it is today. The only real difference is it was in disrepair when I purchased it, and during the time I owned it ,I continually upgraded it to what it is today. The entrance door is on the east side which opens up into a room where the kitchen, eating area and living room are all in one room. The stove, refrigerator and sink are located on the north wall of this room. The northwest corner of the cottage contains an unheated bathroom 2 where there is a toilet, sink and shower. The southerly portion of the cottage contains a separate bedroom. - 6 . The improvements I made to the cottage over the years are as follows : I changed the windows in the existing bedroom to Andersen thermo pane windows. I upgraded the electrical service by replacing the electrical panel in this bedroom area (New York Board of Fire Underwriters Certificate No. N769816 dated September 18, 1986 which is attached hereto as Exhibit C) . I also installed two; skylightsin the living room area. To help remove the chill and dampness' in the Spring and Fall, I upgraded the heat with a safe,' efficient propane gas heater which hangs on the wall in the living room; and is vented to the 'outside. I replaced the refrigerator, stove and sink as well as, the shower, toilet and sink in the bathroom. 7 . A few years ago I replaced and upgraded the cesspool . I remember at the time when Raymond Nine was installing the cesspool that for some reason Gary Fish of the Southold Town Building Department visited the premises. He looked around and inspected all of the buildings, in particular the cottage. I do. remember him being a little aggravated saying the cottage was a year round building and should have the necessary permits. I told him I did have a Certificate of Occupancy for the cottage and I had not changed anything but merely made repairs and did improvements over the years . I also informed him it was just strictly used as a guest facility for my family. I showed him the upgrades that I had done to this cottage. Needless to say, 3 he was not seem happy, he went away and I never heard from him again. 8 . When I was selling the house in 2005, I was informed I had to get updated Certificates of Occupancy for both the house and the pool from the Southold Town Building Department . In the process of obtaining these updated Certificates (copies of which are attached hereto as Exhibit D) I noted the Building Inspector indicated a variance was required for a permit to convert the cottage to year round use. I do not know where the Building Department gets its information, but when I tried to explain to them there was nothing to convert_ as this cottage existed in its present state for many years and was the same as when I bought it, for which I had a Certificate of Occupancy. The Building Department personnel would not give me a straight answer except indicated I had to go to the Board of Appeals . I finally gave up talking to them and sold the premises to Stephanie Miritello. 9 . As to the use of the cottage when I and my wife owned it, the Board of Appeals should be aware we had seven children who lived with us on and off over the years and this cottage was used strictly as a overflow for our family. It was never rented to third parties and in effect it was just an extra bedroom used on the weekends for our children and their friends . There was always a family member or their guest that slept in the cottage whenever it was used for sleeping. In the summertime the cottage was continually used as a cabana for the pool for people to change their clothes and take a shower rather than to use the residence on the property. Over the years during various times 4 my mother-in-law, Brina Garrow, stayed in the cottage. Also at times my son-in-law, Daniel Herrick and my brother-in-law, Steven Garrow lived there for periods of time, but it was always between April and November, never in the wintertime . The heat which seems to be an issue was upgraded by Van Duzer to make it safe and efficient and take away the chill in the cool mornings and evenings when the cottage was uses' for overnight sleeping purposes . The room which is used a bedroom is the same today as , when I bought it and still there is no heat in this room. In the wintertime the pipes were drained and it was winterized and the Board should be aware the water for the cottage is provided through a water line coming from the residence on the property. 10 . My wife, Rossana and I havenofinancial interest in Stephanie Miritello' s application to the Southold Town Zoning Board of Appeals . However, if there are any questions the Board would like to ask- me concerning the cottage, please do not hesitate to contact me. ''I would be glad' to furnish any additional information that is requested. Again, I do not understand the Building Department requiring Stephanie Miritello to' make application because as I indicated this guest cottage is basically the same as when I purchased it in, 1984 . - ' -rti- J. Tannenbaum Sworn to before me this 30 day of January, 2006 60 A //,,edex.) ahkk 04A),e)/11-zie- 4V if; l otary Public SHEILA ANN MEYER ' '' •• • 11V C'W 4'SSION+t DD 245446 ��� r %:r=3 'dote 14.2007 5 111 b.2 n�Bonded Thru Western Surety Co. ' • r , # �` cS1 �ff o �o � o � . ' -- • ‘It: :- \ - Lis WRI.t. 1• now or. formerly • _ - ' ��0.. �O • :. - ' .4 Cathleen V. Carpenter v �G� 1\ • • • • r • F 1a _ 2n �p t(}} _ • O_ ?: .. .y) t ®ILrCO" ;?F*=,d+'•;C� - '-: TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK - CERTIFICATE OF OCCUPANCY No. Z12229 NONCONFORMING PREMISES January 27 , 1964 • THIS IS TO CERTIFY that the /X/ Land • /X f Building(s) %f Use(s) • located at 3539 Cox Neck Road P1attit.uck Street Hamlet shown'on County tax map as District 1000, Section 113 , Block 3 Lot 003 , does not conform to the present Building Zone Code of the Town of Southold for the following reasons: The property has insufficient area . The dwelling has ir,::u1 Cicient side yard setback . There is an accessory '.r r.ar,e in the front, yo rd . On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /7/ Land /X/ Building(s) /—/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate Li issued is as follows: a private one-family dwelling and accessory garage . The property is located in the 'A ' Residential-Agricultural Zoned District . The Certificate is issued to BILLY & CATHLEEN CARPENTER (owner, -lessee-or-be' aux.) of the aforesaid building. Suffolk County Department of Health Approval no record UNDERWRITERS CERTIFICATE NO. no record \(A.c.,+*40 • o eta Buildin• Inspector • EXHIBIT e . ( FORM NO.4 . ' TOWN OF SOUTHOLD BUILDING DEPARTMENT • ' Office of the Building Inspector Town Hall Southold, N.Y., Certificate Of Occupancy No.Z 12.2 21 S Date::. . . JANUARY. 26 , 19 .84 THIS CERTIFIES that the building .AIICESSRRY Location of Property .3539. .66K NECK RD. - 77z,I IJ I House No. Street Hamlet County Tax Map No. 1000 Section . . . .113 . . . .Block 3 Lot . . . . 3 ' Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 26 , 19 84 pursuant to which Building Permit No. 12847Z dated . . .JA.NUARY .26 19134 ,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 . . . F.OR.AN .ABOVE-*GRIIUND. .SWIMMtNG. PQQI, The certificate is issued to . . .C$►T•$I,,EEN CARPENTER (owner,lessee or.tenant) of the aforesaid building. S Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. . . .,. . . . . .PUD.ING 6,H.d 0.A....(L" Building Inspector • Rev.1/81 • • FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . .Z12224 Date' . .J U.JA11Y. 26 . . . . . , 19 Bit THIS CERTIFIES that the building dwelling & greenhougc Location of Property 3539 CO5.: NECK RDS MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section . -113 Block 3 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated - -MRTT,. 2$ , 1g7.7. .pursuant to which Building Permit No. 923.4 -r- dated APRIL 2$ 19 .7.7,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 FOR A SEASONAL GUEST COTTAGE WITH AN Ajtach d .grpArY}plAgq The certificate is issued to BILLY JOE & CATHLEEN CARPENTER (owner,lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . .WA UNDERWRITERS CERTIFICATE NO N/A Building Inspector Rev.1/81 - • EXHIBIT 8 - - - CJ•tiJ•.17•• �•C?!�•.l• •ti.• 1l.C.•!lJ.tti )J.lJ!1J•._J.ECJ.• J.•_a•.C)•4Ca!k9�IJJ4C).•C7! a!ti7•�19._lJ•.la•AJ.9.C7..C • �J?QCT l3J.C�•.4•CAL�PA •.l • C�• .ti�• 7-•.l�l.aLl�•A_•,.l4• :� C -:... "' 1 -il t , I .t ..i ' 1t t ::!...-::.;•,-...- .. .� . . TH :NEW YORK :BOARD -OF-'.FI ',UNDERWRITERS _ 'r E i. - R BUEAU :il ;OF-ELECTRICITY • 85 JOHN STREET, NEW YORK, NEW YORK 10038 : Date _September 18, 1986 - : - 413386/86 ' r - Application No•on fife N 7 6 98 16^ ti ,�l ( v o v - CERTIFIES THAT ,l Le electrical equipment as-described below and introduced by the applicant mined on the above application number in the premises of ..r tin.Tat iienbatin., 3535 -tbx''Neck Toad,'•Mattituck, N.Y _ rollolaing lutatio'n; C•Basement-..E1'1.81441. ❑-2nd Fl. , Section Block Lot . mined on Septenter 11-•, _1986 and found to be incompliance with the requirements of this Board. i; E ECEPTACLES SWITCHES FIXTURES RANGES 'COOKING DECKS OVENS', DISH WASHERS EXHAUST FANS 'i s - , -• INCANDESCENT:FLUORESCENT • 111,,S Y AMT.- .K.W. `AMT. K.W. AMT K.W AMT , K W. AMT. - H P.'. , 25 FURNACE MOTORS . - FUTURE APPLIANCE FEEDERS SPECIAL REC'PT. TIME CLOCKSUNIT HEATERS MULTI-OUTLET 4., IS BELL DIMJ�AE• .'_ ;r k.W. OIL. H.P. GAS H.P -AMT. ' NO. A.W.G AMT AMP. AMT AMPS TRANS. AMT H P SYSTEMS AMT. WATTS •0.Y NO.OF FEET • i DISCONNECT METER S E R _V_ _I C E , AMP. TYPE EOUIP. 1,9 2W 1,B'SW 31 3W 3,0'4W NO OF CC COND AWG NO OF HI-LEG AWG NO OF NEUTRALS A.W.G. j ' PER 8 OF CC:COND _ OF HI-LEG OF NEUTRAL •y r 100 , .''"CB X 1 4 1 4 - •,-; • Y . r- Y T . i . r • -r vi •^'•4;1•1 i!�t i 1 ~' **-.--,;:4.r.;.-.".-...71.••••-.-4 i Gustav -Bartara • _ ..; :--`-„.:-`,:: �'�'' • 227E Brealiater •1 Road Mattitiack,' N.Y. 11952 Lie. 1529E GENERAL MANAGER i17 ` Per ,' 11�-5 • y ificct-r must'ntit•le,`6ltered_in any mcnner.ieturn.tn the office'of the Board if incorrect. Inspectors may be identified by their credentials i-i•,r7ifti:r'ia;••i.7ti Y'iA,Y.Y-iAfYl-r.76i-r.Y;ia'i rYir7-f?si 7Ar1ii(/Ai(;i6i:'iAfa(C)i-f.-iAYYAYJAfYAi'ij•-eyif•-4YYkri-aY.Y.-YYiYtiaY,Y-4fYACYiYYlYY�tY?YAYY4YYaYrYYrYYas"iii-'%.rYAYV':/•: .• .. • . d . : . EXHIBIT C , • FORM NO. 4 TOWN OF SOUTHOLD ' BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31163 - Date: 09/15/05 THIS CERTIFIES that the building DWELLING Location of Property 3535 COX NECK RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. `473889 Section 113 Block 0003 Lot 003.001 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31163 dated SEPTEMBER 15, 2005 was issued, and conforms to all of the requirements of the applicable, provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING* - NOTE: VARIANCE REQUIRED FROM ZONING BOARD OF APPEALS & A BUILDING PERMIT ISSUED TO CONVERT COTTAGE TO YEAR ROUND USE. The certificate is issued to MARTIN J. TANNENBAUM (OWNER)' of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Authorized Signature Rev. 1/81 E D •. " FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31126 Date: 08/22/05 THIS CERTIFIES that the building ACCESSORY Location of Property: 3535 COX NECK RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 113 Block 3 Lot 3.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 14, 2005 pursuant to which Building Permit No. 31277-Z dated JULY 14, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to MARTIN J TANNENBAUM & WF (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE No. 2066209 08/12/05 PLUMBERS CERTIFICATION DATED - N/A --47 -___ uthorized Signature Rev. 1/81 EXHIBIT 0 (14(/, ° 00 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 22, 2005 RENEWED: January 6, 2006 TO: Henry Raynor A/C Tannenbaum 275 Cardinal Drive Mattituck,NY 11952 Please take notice that your application dated September 19, 2005 For permit for"as built" alterations to an existing nonconforming seasonal cottage as applied for Location of property: 3535 Cox Neck Road, Mattituck,NY County Tax Map No. 1000 - Section 113 Block 3 Lot 3_1 Is returned herewith and disapproved on the following grounds: The existing seasonal accessory cottage was altered to include heat and to convert a sunroom to a bedroom. The "as built" alterations to this nonconforming seasonal accessory cottage are not permitted pursuant to Article XXIV, Section 100-242A, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction 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 regulations pertaining to this building." As a result of the"as built" alteration, the existing accessory seasonal cottage is now a year-round accessory cottage. Therefore, the "as built" alterations are not permitted pursuant to Article XXVI, Section 100-31A, "Permitted Uses." (1) One-family dwellings, not to exceed one dwelling on each lot. / d Damon Pete .11'. 'Examiner i N Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. LARK& FOLTS ECF 17, rn Attorneys at Law MAY 1 6-2006 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 ZONING BOARD OF APPEALS Tele.No.(631)734-6807 Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS May 15, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 RE: Stephanie Miritello Appeal #5849 Dear Mrs . Kowalski : Pursuant to your letter dated May 3, 2006 in connection with the above-captioned matter, I am enclosing the Affidavit of Mailings . Very truly yours, -,444/V:j ichard F. Lar RFL/bd Enclosure e 111 LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 • Fax No. (631)734-5651 RICHARD F. LARK MARY LOU FOLTS May 24, 2006 Mrs . Linda Kowalski Southold Town Board of Appeals 53095 Main Road P. 0. Box 1179 Southold, New York 11971-0959 RE: Stephanie Miritello Appeal #5849 Dear Mrs . Kowalski : Pursuant to your letter dated May 3 , 2006 in connection with the above-captioned matter, I am enclosing the Affidavit of Sign Posting. Also enclosed are the green signature cards from the certified mailings . Very truly yours, "4/174" F. Lark RFL/bd Enclosures „AA ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of AFFIDAVIT OF SIGN STEPHANIE MIRITELLO POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 113 - 3 - 3.1 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BARBARA DIACHUN residing at 875 School House Road, Cutchogue ,New York, being duly sworn, depose and say that: On the 17th day of May , 2006 , I personally placed the Town's official Poster,with the date of hearing and nature of my 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 tl'ht date of the subject hearing date,which hearing date was shown to be : _ May 25, 2006 634144-4-0aJtee,J (Signature) Barbara Diachun Sworn to before me this 24th day of May , 200 6 7!' • ota Public) WIN LOU Fous No! 7 Pak,State of New York ?!o 09i:O;0O888.Srfoik County Commission Expires Mar.30,200 *near the entrance or driveway entrance of my property, as the area most visible to passersby. APPEAL NO. 5849 - ST—–ANIE MIRITELLO Jr- 1000-113 . 00-02 . 00-015 . 000 ii SENDER: COMPLETE THIS SECTION COMpLETE•THISSECTIONON DELIVERY ; i ;. • Complete items 1,2,and 3.Also complete A. Sig ature item 4 if Restricted Delivery is desired. x ./, ZO 0 Agent ■ Print your name and address on the reverse . ,- ❑Addressee so that we can return the card to you. Billec-' ed�(PPn teed 'ame) C Date;f De ve - ■ Attach this card to the back of the mailpiece, ,1 2 c, j 0, or on the front if space permits. D. Is delivery address different from item 1? '❑Yes f 1. Article Addressed to: If YES,enter delivery address below: 0 No 1 *eter Crowley 65 Rosewood Dr :•iattituck, NY 11952 3, ervice Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise � ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ----- -------- (Transferfrom service label) 7004 0750 0003 3399 9722 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1 1000-113 . 00-02 . 00-016 . 000 SENDER:COMPLETE THIS SECTIONCOMPLETE THIS SECTiON ON DELIVERY I • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ■ X f� f, c-- .----- ❑Agent Print your name and address on the reverse l 0 Addressee so that we can return the card to you. B. Received by(Printed Name) I C. Date of Delivery ■ Attach this card to the back of the mailpiece, L or on the front if space permits. e ..r,, c,--V3" 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No 'Richard V Marino i 225 Rosewood Dr J'Iattituck NY 11952 3. Service Type i]Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes z. Article Number — 7004 0750 0003 3399 9739 I (Transfer from service label _ PS Form 3811,February 2004 Domestic Return Receipt 102595.o2-M-154o 1000-113 . 00-02 . 00-017 . 000 I SENDER: COMPLETE THIS SECTION'°° COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. r ❑Agent NI Print your name and address on the reverse J so that we can return the card to you. ❑Addressee INAttach this card to the back of the mailpiece, B/eceivved by(�nted Name) C. . lively or on the front if space permits. ._' 6 1. Article Addressed to: D. Is delivery address different from item 1? 0 es If YES,enter delivery address below: 0 No Joanne Simicich 500 Rosewood Dr I Mattituck, NY 11952 3. Service Type N Certified Mail ❑Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number — -- (Transferfromservicelabel) 7004 0750 0003 3399 9746 PS Form 3811,February 2004Domestic Return Receipt I } 102595-0M 2- -1540; Page 1 of 2 4 • APPEAL NO. 5849 - STL�---\NIE MIRITELLO r 1000-113 . 00-03 . 00-002 . 004 NOT 417UkovED 1000-113 . 00-04 . 00-001 . 000 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY IN Complete items 1,2,and 3.Also complete A. Sign. u : j __ item 4 if Restricted Delivery is desired. _ f []Agent 8e, �� • Print your name and address on the reverse ," - ddressee so that we can return the card to you. r. •. Delivery . B. Received by(Pnnte�.;I e)T� C. D: • Attach this card to the back of the mailpiece, _,•�, or on the front if space permits. >-, i D. Is delivery address d refit from It'engq ri Yes i 1. Article Addressed to: If YES,enter delivery s below • I10 0 C & D Realty ti1 P.O. Box 910 Southold, NY 11971 3. prvice Type In Certified Mall 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 0750 0003 3399 9753 (Transfer from service label) I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1000-113 . 00-08 . 00-001 . 000 "SENDER:COMPLETE THIS SECTION COMPLETE.THIS SECTION ON DELIVERY' ( N Complete items 1,2,and 3.Also complete A. S -tatur- item 4 if Restricted Delivery is desired. )( 1! LA El9 Agent ■ Print your name and address on the reverse \ i� 1 ID Addressee so that we can return the card to you. B. Received by(Printer.Naq�e,), C. Date o eli ery • Attach this card to the back of the mailpiece, � or on the front if space permits. C�( -�1\`- G 4C--VN Y` 7/12" C 6 D. Is delivery address different from item 1? 0 Yes ,1 Article Addressed to: If YES,enter delivery address below: 0 No II acqueline Entenmann -- 50 Breakwater Rd attituck, NY 11952 3. Service Type ffl Certified Mall 0 Express Mall ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7004 0750 0003 3399 9760 -.. PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2 ) oli oFFOUr • - Office Location: ,,i �‘0 Co Mailing Address: G . Town Annex/First Floor,North Fork Bank y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 7 P.O. Box 1179 Southold,NY 11971 41*,„1 i•a �,,' Southold,NY 11971-0959 jig ,'0 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 September 7, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5849 (Miritello, S.) Action Requested: Use Variance (Accy Cottage Constitutes 2nd Dwelling) Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures 41110 Town of Southold WO° LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy 'standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 113 _ 3 _ 3.1 The Application has been submitted to (check appropriate response): Appeals Town Board Planning Board❑ Building Dept. _ Board of fru tues X 1. Category of Town of Southold agency action(check appropriate response): N/A (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) -Permit, approval, license,certificaion: -- Nature and extent of action: N/A 411111. Location of action: N/A Site acreage: Present land use: Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: N/A (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code( ) (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes No If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. n Yes , No X Not Applicable Attach additional sheets if necessary --- - Policy 2. Protect and preserve historic and archaeo og ci al resources of the'Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria -------------- ------ - --- - ------ --- --- n Yes No X Not Applicable Attach additional sheets if necessary O. 41110 #� Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria n Yes n No X Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria n Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No X❑Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III —Policies. Pages 22__ through 32 for evaluation criteria. Yes n No n Not Applicable aT 41.• 11110 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes No X Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes No X Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yes No X Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. • x - - — -- - - -- - ------- --- --- es-----�- ----Not�ppTicab�------ ------ - - -- 1 V ibe Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No x Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No x Not Applicable Created on 5/25/05 11:20 AM ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT STEPHANIE MIRITELLO OF MAILINGS (Name of Applicants) CTM Parcel#1000- 113 - 3 _ 3.1 X COUNTY OF SUFFOLK) STATE OF NEW YORK) j, BARBARA DIACHUN residing at 875 School House Road Cutchogue ,New York,being duly sworn, depose and say that: On the 11th day of May , 2006 , I personally mailed at the United States Post Office in Cutchogue ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the(x)Assessors, or( )County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (1344LA oktcam4—J (Signature) Barbara Diachun Sworn to before me this 15th day of May ,200 6 MARY LOU FOLTS y e tary Public) Notan;Paiio,State Of Now York No 011:01 00s s e Sea;County Commission Ey,o;resMdr•30,200 6 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. y• APPEAL NO. 5849 - 111LPHANIE MIRITELLO09 -, , . 1000-113 . 00-02 . 00-015 . 000 • , U.S. Postal Service,. rou CERTIFIED MAILTM RECEIPT N (Domestic Mail Only;No Insurance Coverage Provided) IT' , For delivery information visit our website at www:usps.com® m MQT#i e E y[i 1 J L U j mPostage $ 0,39 NII.M--093ti5 ElCertified Fee 1 .� ?.46 403 to Return Redept Fee 1r o,Heren, 0. � (Endorsement Required) 1.85 !!,... _ O Restricted Delivery Fee =ce lerk: 1 JKMDVl (Endorsement Required) 1A CI Total Postage&Fees $ 4.64 \ 74 'i --0(:�d0 M Sent To I= Peter Crowley N Street,Apt.No.; , or PO Box No. 65 Rosewood Dr -d State,ZIP+4 __w___ Mattituck, NY 11952 PS Form 3800,June 2002 ' See Reverse-forinstructions 1000-113 . 00-02 . 00-016 . 000 U.S. Postal Service,. Er CERTIFIED MAIL-. RECEIPT • N (Domestic Mail Only;No Insurance Coverage Provided) Ir For delivery information visit our website at www.usps.com® ' Ir m m . Postage $ 0.39 UNIT TIIt-0935 Certified Fee �p�� _ s 7.40 (75 p. Return Reciept Fee 4, `.0 o 7 (Endorsement Required) 1,85 0�re 0 Restricted Delivery Fee '7eI erF.:: K r1iV Li-) (Endorsement Required) N 7 M Total Postage&Fees $ 4.64 054- ' c\0 im Sent To o Richard V Marino N Street,Apt.Wo.; orPoBox No. 225 Rosewood Dr -' --- Zl --------- ----� city,State, Mattituck, NY 11952 PS Form 3800,June 2002 . 'See Reverse for Instructions 1000-113 . 00-02 . 00-017 . 000 .r :' U.S . Postal ServiceTM -n CERTIFIED MAILIM RECEIPT ' , (Domestic Mail Only;No Insurance Coverage Provided) Tr For delivery information visit our website at www.uspscome _ m M TFr-.K,EY54,21 A L 1 S E In Postage $ 0.39 UNIT 1.Do`0.3S 0 1 Certified Fee p 4th 06jpp ds strnark 7 O i Return Reciept Fee y (�l fore ; r (Endorsement Required) 1.85 c f/ It I 1:7,11 Restricted Delivery Fee all rk: KWKNEiV., u'1 (Endorsement Required) r G 5� r» 7c, 0 Total Postage&Fees $ 4.64 05 itpx `i- o Sent To Joanne Simicich N Street,Apt.No.' , or PO Box No.S00 Rosewood Dr cl1/45115ZiP attituck, NY 11952 PS Form 3800,June 2002 See Reverse for Instrufaions Page 1 of 2 rl APPEAL NO. 5849 – EPHANIE MIRITELLO 1000-113 . 00-03 . 00-002 . 004 U.S. Pgsta1Sa it ceTM ; g e 4 " :; 1 u, CERTIFIED MAIL, RECEIRT;44.4i ' i r_ (Domestic Mail Only,No/ngyiRi ce Cov_,,,,erage Provided) xr tT For delrveirformaUovisrt outebsife„atwww.us.s.com® I t 0” mN }TZ1RA 11 z-8.-% USE m Postage $ f0°39 UNIT ID° 0935 m Certified Fee ^ �� O Return Reciept Fee r Oda ' 0 (Endorsement Required) 1,85 Prib H' `7 ,c� ©> CI Restricted Delivery Fee w Cieiit: KUKii V rrl (Endorsement Required) fr.el� r- O Total Postage&Fees $ 4 b4 7 05/11/0f-r, El Sent To � o ICameron R Hume N &vet ApL1 ; orPOBoxNo. 10 Waterside Plz c/ry,smre,„vP+4 New York, NY 10011 "PS$Formy3800 Jurie2002 E 1 yea r'”P ,,,t see Reverse{i dpi ... . iiir c -- 1000-113 . 00-04 . 00-001 . 000 I U S Istal:�ServIceTM ':�;; t' `�;' .. { ,� <-�- f i,,,,,,,,c...;.,,,,,,,,_:. . 7u j 1 ,' , , "•ari-,z,b f ! m a CEARTIF�IEDgM 4E- CE'IP7' �t; r t �N AMS f (D, omestrc,,p,muyez i o Insurance Coverage Provi a t), rr v For delivery=information our"website'at www.usps!comb'5,..4, -Fk ,m :ifi>7�Ifl d!Y 1�fi �1 1-S USE I m m Postage $ t) uR _ UNIT IIr°NMZ5 `- \ O Certified Fee �g9�OReturn Reciept Fee ��r ostinark(EmiorsementRequired) tX85 � HereRestricted Delivery Fee ��(Endorsement Required)4 Cler KI;IKNDV—:9C% Total Postage&Fees 4,r,4 �5,11iG�✓���H��` p Sent To MI C & D Realty lti St7eet,Apt.Ni.; orPOBOXNo. P.0 P.O. Box 910 City,State,ZIP+4 --- — Southold, NY 11971 ;PS Form 3800 June 2002 + s erse fo - , .r°, ,,<..; i �`�`aM .�,�r �`z,See Reversefor�lnstniictiorg 1000-113 . 00-08 . 00-001 . 000 u .` c� i ateWri41 ;, • ' .?'i U•SPostaSer ic , � 9CERTIFIEDMAIL 7RECEIPT - -, , — (Domestic Marl�Only;IV o insurance CoveragedProvrded): 3e ern, " , rt For;delrvery inform ation,vrsd ourw{�eIq sdeat�wwwrii pirelic®' 1 m Postage $ 0,39 UNIT IDt 1 935 '_ m Certified Fee „ GIl 'oj99 t� \ Return Reciept Fee _ ostm�erk �� (Endorsement Required)I 1,s�_r . Here ResVsemenDelivery Fee Clerk iNKIiiDr_ (Endorsement Required) ,� Total Postage&Fees 4.6.4 05 j 1 i 5D (P i Sent To jo Jacqueline Entenmann j Apt orPOB No . 50 Breakwater Rd C City,State,ZIP+4 -"" Mattituck, NY 11952 PS Form 3800 June 2002 ,''' .'+'". 't" " ' ` f;, ] 0.g', ,<, See Reverse for.ristruc ions Page 2 of 2 I NuTkLO - LMftINi The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: NAME : MIRITELLO , S . #5849 MAP #: 113-3-3 . 1 APPEAL : Nonconform . Cottage-2nd Dwell . REQUEST: Year Around Use After Alt ( as-blt) DATE : THURSDAY, MAY 25 , 9 : 95 AM If you are interested in this project, you may review the fiIe( ) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765- 1809 „„o}e - OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski a(�.Tovvn.Southold.ny.us Jayne.Martin(a7Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX %3C `j77 MEMO TO: /6 Chi,'J�-,/� 0Li-, K s-p DATE: 9/06 RE: Z6 4 . - eve - /4//e 1-7-40 D LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 25,2006: 9:45 A.M. STEPHANIE MIRITELLO #5849. Request for a Variance under Section 100-242A, based on the Building Inspector's January 6, 2006 Notice of Disapproval, concerning "as built alterations to an existing nonconforming accessory, seasonal cottage containing 520+/-square feet of floor area. The reasons stated for disapproval are: (1) that the existing seasonal accessory cottage was altered to include heat and to convert a sunroom to a bedroom, which is not permitted under Section 100-242A when alterations create a new nonconformance or increase in the degree of nonconformance; and (2) that Section 100-31A permits only one single-family dwelling on a lot, and the as-built alterations create a year-round accessory cottage. Location of Property: 3535 Cox Neck Road, Mattituck; CTM 113-3-3.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 8,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 3, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, May 25, 2006 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 13th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than May 18th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than May 18th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting, or mail it to us so that it is received prior to the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. ' x:.11-- 4 j I Via: ' — J _— ~ Town 'fir-Southold`ZBA ^!' '` ®App. Name 0 Tax Map - O Ale No11 SEQRA' - Y Me Board ember Michael Simon ❑ Unitste -�--� ~~ Search - . .. - .1 U.Other HearingTme< i 2:�6:�8PN -' 1-File b 5849 1£ Tax Map.:113.-3-3.1 i I iApp:Name: ` Miritello, Stephanie . it I Received Date: 2/8/96�1'Tot. Fees:V ,$ 00.00 ! rIHarrilet-�Mattituck ;'Type Residential I'ZoneL 4 ` `Date-forwarded to Town•Clerk.` ' 2/10/06 M , Status: New �Actiocn - Meeting Dates ' . Building:Dept. F. Location:' 3535 Cox Neck Road Meeting Date.. I€ ND-Date 1 9/22/05j a- 1 II ___, M----- Hearin Date 1 ~ 5/25/0611 ND Date:2 . 1/6/06I1 1 1 1 Short' -",As-built alterations to exist.,non-conf. accy seasonal f I- - , 9 Descv:.`„','cottage; 100-242A; non-permitted use per 100-31A 1 Hearing Date 2,- I ND-Date 3J ►Copy .-which states one dwell. per parcel 11 ; . 1 ,. it 1 Hearing.Date 3 I-ND Date 41---1l1• j I 1 PH requested for May 25 '06 i I Hearing Date 4:, ,ND Date 5 = r + I. [Notes- „ Hearing-Date?5` ND Date'6 1 I Action Date: - ND' Date 7 1 a • 22706 , 3 / / 9 C1 M -,AS1 NUM- ` - ` - Developed by the.SoTo utholdTown Data:Proce"ssing Departnien0 ) , / Town of Suuth o I d Z OA A()APP. NOrne- .0'Tek`Me , 0 Foe No kDll- - : . . Board Mernber 1Michael Simon gi [.11...Onliste_ tSearch: • J,' I E.Other f; ' '' ,Hearing time:- 68FM t., ['File (\Wilber.T564-97 .!Tex Map.1113.-3-3.1 i, l I App. Neme: iMiritello, Stephanie i I Received Date:,j2/8/20(X,10-ot. FeeS:',1 -$400.00''r i ' 661 :,:i Hamlet,IMattituck ll!Type 'iResidential Ilt Zone ,,,,,,,, ,11 I. Date.fdrwarded to ToWn,Clerk F.0720 , _ _......_,, :!Status •1 New .: .„ . 01‘ction -- ----- ---- L•• 1 — l.il 1 - Meeting-Dates ' : Building Dept,. ,! • ,tr -, ) I i Location- 3535 Cox Neck Road 1-, -Meeting Date ra- 1: NDt.Date. 1/22/20051 II: _ ....,......_ _1 Short ft 1.-1!- ', 1/6/2006'1! ort 11 ..- As-built alterations to exist accy l i' Hearing Date ND Date, t 1-Delc_t _._- seasonal cottage; 100-242A; non-permitted use per !- Hearing Date J ND Date i c?pit-N.` 100-31A which states one dwell. per parcel _....„__._........„... ,. 1 [ ' Hearing Date nND Date -) i.•. i l Hearing Dat‘e, ND Date 17-71 1 •• . ! 1,Notes : Hearing Date -r---7,-ND Date.„1-11. 1!1; H ' % ' i Action Date:,.. fVNP Pat . — -' •-.,-..- , IF - ._........._ .. .. - ,.._ . F]2/10/2006 I I C;6,15 1 l'NU MA r' 1 ' - ' '. — ' tkvel*ct-bi the Soiith*Tow,h batii-.0*esillg pepa!-tmeht i`', .. ,