HomeMy WebLinkAbout5991
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr. Ch~n
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 25, 2007
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED
FEB 6 2007
S hold Town Cled,
ZBA Ref. 5991 - RUSSELL and FLORENCE PELLICANO, Owners and Applicants
Location of Property: 9680 North Bayview Road, Southold CTM Parcel 79-8-13.1
REQUEST MADE BY APPLICANT: This is a request for a Special Exception under Article III,
Section 280-13B of the Southold Town Zoning Code. Applicant/Owners propose to establish
a Bed and Breakfast use as an accessory use in their home, incidental to their occupancy
and residence in the existing single-family dwelling, with up to four (4) guest rooms for
lodging and serving of breakfast to not more than ten (10) casual, transient roomers.
PROPERTY DESCRIPTION: The applicant's property consists of 11.31 acres and is
improved with a two-story, single-family dwelling and accessory shed as shown on the
3/13/97 survey prepared by Kenneth H. Beckman, L.C.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 25, 2007,
at which time written and oral evidence was presented. Based upon all testimony,
documentation, personal inspection of the property and the area, and other evidence, the
Zoning Board finds the following facts to be true and relevant.
REASONS FOR BOARD ACTION~ DESCRIBED BELOW: Based on the testimony and record
before the Board and personal inspection, the Board makes the following findings:
1. Russell and Florence Pellicano, the applicants herein, have owned and resided in the
subject property since obtaining a CO from the Town of Southold on 7/02/03. They originally
designed their home with the intention of completing the unfinished space over their four-
car attached garage in order to operate a Bed-and-Breakfast facility in the future. They will
continue to occupy the dwelling as a principal residence while operating the proposed B&B
which will consist of four guest rooms (Section 280-4 of the code permits no more than 5
with a maximum of 10 casual and transient roomers). The Bed-and-Breakfast use is clearly
subordinate to the principal use of the dwelling.
2. The Bed-and Breakfast, as applied for, is reasonable in relation to the District in which it
is located, adjacent use districts, and nearby and adjacent residential uses. The applicants'
subject parcel consists of 11.31 acres in the A-C Agricultural-Conservation Zone District
which affords them more than ample on-site parking for the proposed four guest rooms.
Their dwelling is accessed through a long private gravel drive off of North Bayview Road.
Other properties that use the drive are owned by the Pellicano's daughters. The proposed
Bed-and-Breakfast will be located within the building envelope of the existing two story
Page 2 - January 25,
BA File 5991 (B&B) - R. and F. Pellicano
CTM 79-8-13.1
dwelling and attached garage and there is no visual evidence of its presence from the
exterior.
3. This special exception use will not prevent orderly and reasonable uses proposed or
existing in adjacent use districts. The property to the West of the applicant's property is
similar in size and the neighbor's dwelling is set back 150' from their adjoining property line.
The property boundary is heavily wooded which will provide both visual privacy and noise
abatement between the two properties.
4. No evidence has been submitted to show that the safety, health, welfare, comfort,
convenience, or the order of the Town would be adversely affected.
5. No adverse conditions were found after considering items listed under Section 280-143 of
the Zoning Code.
6. A Certificate of Compliance or similar document is necessary for issuance by the Building
Inspector certifying that the premises conforms to applicable codes for smoke alarms,
emergency egress (stairs and windows} and signage for Bed-and-Breakfast use under
Section 280-14-a-d.
BOARD ACTION/RESOLUTION: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B and the Code of the Town of Southold, Chapter 280, the
following action was taken:
On motion by Member Oliva, seconded by Member Weisman, it was
RESOLVED, to GRANT the Special Exception for an Accessory Bed and Breakfast Use as
applied for, as shown on the applicant's diagrams with a received date stamped by the
ZBA December 4, 2006.
Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and
Weisman. This Resolution was duly ado~pted (5-0).
Ja~nes Di'r~iz~o'~r., Ch;~irma,~/ 2/'~~' /2007
A~proved for Filing
~CONO FbOOR PI. AN
9680 N, DAWII~W
50gffHObl2, NY 11971
~Cl, 2006
k~bb ~ PbOl~NCg ?~bblCANO
[]
GUEST
BATH $
115sqff
GUEST
SUITE 1
LIVING AREA
973 sq ft
41'10
~3.7 r~iiGUEST SDRM 3
HALL
GUIEST
BE[DROOM 1
GUEST I~
BATH I
C~UEST
BEDROOM 2
3~gsq fl
LIVING AREA
CLOSET
125sq ff
BATH
BALCONY
526 sq ft
OPEN BELOW
203~ff
DEC 4 zuu6 /
OWNERS
MASTER BDRM
77o~n
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 25, 2007
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~ JANUARY 25~ 2007:
10:30 A.M. RUSSELL and FLORENCE PELLICANO #5991. Request for a Special Exception
under Section 100-31B of the Southold Town Zoning Code. The Applicants-owners request a
Bed and Breakfast use, incidental to the owner's occupancy in this single-family dwelling, for
lodging and serving of breakfast to transient roomers, as an accessory use. Location of
Property: 9680 North Bayview Road, Southold; CTM 79-8-13.1.
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 and prior to the day of the hearing If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us.
Dated: January 3, 2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
54375 Main Road (Office Location)
53095 Main Road (Mailing Address)
P.O. Box 1179
Southold, NY 11971-0959
#8172
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Candice Schott 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 week(s), successively, commencing on the 11th .day of ~ 2007.
Principal Clerk
Sworn to before me this
2007
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF N,EW YORK
No. 01-V06105050
Qualified In Suffolk
Commission Expires February 28, 2008
LEGAl. NOTICES
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OFAPPEALS
THURSDAY,$ANUARY 25. 2007
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law
and Chapter 100 (Zoning/. Code of the
Town of Southold, the following public
hearings will be held by the SOUTH-
OLD TOWN ZONING BOARD OF
APPEALS at the Town Hall. 53095
Main Rged. EO. Box 1179. Southold.
New York 119714)959. on THURSDAY.
10:40 A.M. PHILLIP and LINDA
KERMANSHAHCHI g5986. Request
for a Variance under Section 290-14,
based on the Building Inspector's Oc-
tober 20. 2006 Notice of Disapproval
concerning an as-built addition to the
single-family dwelling with a setback at
less than the code-required 60 feet from
the front lot line. at 7213 Pecoulc Bay
Boulevard., Laurel: CTM 126-10-1.2.
10:50 A.M. HENRY RUGGIERO
#5982. Request for a Variance under
Section 280-122. based on the Building
Inspector's October 26. 2006 Notice
of Disapproval concerning alterations
su~room, which will i~
plic~tion). Location of Property: 425
Calves Neck Road. Southold: CTM 63-
under Section 280-69 (100-162A3, A5)
trict approved by the commissioners of
feet of the facility, OR ff there are no
SOUTIiOLD TOWN BOARD OF APPEALS
Phone (631) 765-1809 Fax (631) 765-9064
APPLICATION FOR SPECIAL EXCEPTION
I (WE) hereby apply to the ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL
EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE /// , SECTION/oo -.~/~
SUBSECTION
Ownc~s)(asapphcant): ~,,srx~l[ & ~to~.~,x~e. ~e'll ;e~.~.
Mailing Address: ~16~o isl. ~..w¢l~,a g.d. ~u-k~.~ld kLq. II~'lt
Telephone: &:~ I- -t t.¢- ~q'l /
NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder,
con~act vendee, etc.
Authorized Representative:
Address:
Telephone:
For the below-descfihed propen'y for the following uses and punposes (and as shown on the attached plan
drawn to scale): (attach separate sheets if needed) ~.~ ~
A. Statement of Ownership end Interest:
I~,,.creAI ~t ~'lor-e~e~ Pe/f~ca-,,~ Js'(are)theowner(s)ofpropertyknown
and referred to as citgo I~l.~a,~/l~,~12,<~. ,~,-~l!kold.
(House 1~Io., Sh'e~t, Hamlet),
identified on the Suffolk County Tax Maps as District 1000, Section ~ Block ~ ,
Lot(s) I $ · t , which is not (is) on a subdivision Map (Filed , "Map of
"Filed Map No. ~/72 ~,~ 9 , and has
been approved by the Southold Town Panning Board on /:'~,~ /s~ / ? ~ as a
[Minor] [Major] Subdivhion).
The above-described property was acquired by the owner on ~t~.w ~ ~. I q q ~' ·
B. The applicant alleges that the approval of this exception would be ih han~ony with the intent and
purpose of said zoning ordinance and that the proposed use conforms to the standards preserihed
therefore in said ordinnnce and would not be detrimental to property or persons in the neighborhood
for the following reasons:
C. The property which is the subject of this application is zoned ~ c and
[ ] is consistent with the use(s) described in the Certificate of Occupancy(copy aRached).
[,,<] is not consistent with the Certificate of Occupancy being furnished herewith for the following
[ ] is vacant land.
STATE OF NEW YORK)
~' P(~i~n~ture)
SwornJ~heforemethis q daynf ~ ~20o~
('Nq~aryPublic) [ '/ Lorraine LaRoea ......
~J_ _'_ .... V NOTARY PUBLIC~
Qualified In Suffolk Cotmbf .~--.~
Commission Expire~ May
January15,2007
Zoning Board of Appeals
James Dinizio, Jr., Chairman
PO Box 1179
Southold, NY 11971-0959
Subject:
Request for Special Exception
Florence & Russell Pellicano
9680 N. Bayview Rd.
Southold, NY 11971
PUBLIC HEARING
THURSDAY, JANUARY 28, 2007
The subject's request for a Special Exception to convert their single family dwelling to a
Bed and Breakfast use causes us concern. At its closest point, our property line is
approximately 16 feet, 7 inches from their gravel driveway. Our house is approximately
150 feet from said driveway. At this point and for several yards along their driveway,
there is virtually no natural screening to help absorb the noise of their current car and
truck traffic. The noise would be exacerbated by the additional traffic that a Bed and
Breakfast would bring. This could be remedied by adding some evergreens along the
driveway where this void occurs.
In addition, because our property line is so close to the proposed Bed and Breakfast,
our other concern is the potential for their guests to walk through the woods and
trespass on our property. There is also a large pond on our property. We do not want
the exposure to any legal action should one of their guests be injured on our property.
However, this could be mitigated by installing a four foot high black or dark-green chain
link fence, or an acceptable alternative, between our two property lines. This would
certainly be a better deterrent than filling the woods with "no trespassing" signs which
are an environmental blight and not always honored.
At this time, we must withhold our endorsement of the proposed Special Exception
request until our concerns have been addressed.
Since we will be out of town, we will have someone represent us at the meeting.
Veery truly yours,
Arlin~e F. Smith/-~
Ronald Smith
9390 N Bayview Rd.
PO Box 897
Southold, NY 11971
January 25, 2007
Zoning Board of Appeals
James Dinizio Jr., Chairman
PO Box 1179
Southold, NY 11971
Re~
Request for Special Exception
Florence & Russell Pellicano
We live at 9350 North Bayview Road, and are responding to the request by the Pellicanos
for a zoning exception for a Bed & Breakfast in their home. We have been neighbors of
the Pellicanos for five years, and have co-existed well, respecting each others' privacy.
We have a few questions about what an exception might mean:
1. How many rooms will the proposed B&B have for guests?
2. How will the Pellicanos ensure that guests do not trespass onto our property?
3. If the exception is granted, is it just for the purpose of the current proposed B&B,
or would it permit other business use of their property?
4. Would the current exception permit an expanded B&B in the future, or just the
current number of rooms?
5. Given the closeness of our house to the Pellicanos' gravel road, we are able to
hear car traffic and see headlights. We are concerned that the extra traffic related
to a B&B will increase the amount of noise and light. Is there any way to attempt
to muffle the sound with a screen of evergreen trees at the edge of their property?
We would appreciate learning the answers to these questions, so that we can more fully
understand the impact the exception might have on our very quiet and private
neighborhood.
Thank you for your help.
Sincerely,
Karen Murray & David Dickerson
9350 N. Bayview Road
Southold, NY 11971
FII~T I~LOOR PI.AN
g~80 N, BAYVBW I~,
50LiTHOH~, NY IIg/I
I~BC I, 200~
I~.f:f. LI. ~ PLOI~N(:::~ P~LLIChNO
GARAGE
tF
KITCHEN
pANTRY
DINING
cC
BUTLERS
PANTRY
KITCHEN
LIVING
BRICK
PORCH 2ND STY CANT, OVER
BRICK TERRACE
SLAB
LIVING AREA
LIBRARY
N22'O7'lO"E
-- nj
S21 '45'20"W
;URVEY OF: DESCRIBED PROPERTY
ALSO KNOWN AS LOT No. 1 ON MINOR
SUBDIVISION OF "PELLICANO WOODS"
SITUATED IN: BAYVEW
TOWN OF: SOUTHOLD
SUFFOLK COUNTY, NEW YORK
DATE: 3/15/97 JOB NO. 87-27,37
DIST, SEC. BLK
S.C.T.M. NO. 1000 079 Og
SCALE: I' = 60'
P/O LOT
13. /
FINAL SURVEY 6/4/02 B02-6926
1081.73'
RIGHT Of WAY
COUNTY CLERK
FND. MON.
O.3W
0.35
LOT No. 1
11.31 ACRES
FND. MON.
FND, MON.
RECE VE
DEC 4 2008
ZONING BOARD OF APPEALS
THE EXIS77~NCE OF RIGHT$ OF WA Y
AND/OREASEM~NTSOF RECORD IF
AN~ NOT SHO~VARE NOT
GUARANTEED.
CERTIFIED TO:
KENNETH H. BECKMAN, L.S.
Surveying and Land Planning
1814 Middle Country Road
S~tite D
Ridge, N.Y. 11961
(631) 345-9427
(631) 34 -94 9
Office Location: !. ®� Mailing Address:
Town Annex/First Floor,North k Bank c 53095 Main Road
54375 Main Road(at Youngs Avenu P.O. Box 1179
Southold,NY 11971 ® ®�� Southold,NY 11971-0959
n http://southoldtown.northfork.net
BOARD OF APPEALS '
TOWN OF SOUTHOLD
el. (631)765-1809 Fax(631) 765-9064
February 6, 2007
Mr. and Mrs. Russell Pellicano
9680 North Bayview Road
Southold, NY 11971
Re: ZBA 5991 — Special Exception for Accessory B & B
Dear Mr. and Mrs. Pellicano:
Please find enclosed a copy of the determination rendered by the Zoning
Board of Appeals and filed today with the Town Clerk for permanent
recordkeeping purposes.
Please be sure to submit an application with the required filing fee at the
Building Department for the required inspection and issuance of a Certificate of
Compliance or other related permit before operating the Accessory Bed and
Breakfast.
Thank you.
Very truly yours,
Encl. Linda Kowalski
Copy of Decision furnished 2/6/07 to:
Building Department
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: f?a s-se I( Pet I 1 c 2-vt - Date Prepared:_Z Z�i�OG
I. For Demolition of Existing Building Areas
Please describe areas being removed:
1I. New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension:
Dimensions of new second floor:
Dimensions of floor above second level:
Height(from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes,please provide height(above ground)
measured from natural existing grade to first floor:
III. Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary)- Please describe building areas: ,
Number of Floors and General Characteristics BEFORE Alterations: un/F,,.,Y,-xryed AW,&-N A,&ore
9 — 7W fka-ep a 1+69s "isri&s 110%776y it R/e of-WWSWWe 4s"C:�cIK.� t//lfco.tr�. syfj c.
Number of Floors and Changes WITH Alterations: ey.r -9-'V l,1DA�Ttcr+r e4 c..
Gue.;rRoom, Fit- aea u,�i4�,� — Ll�r-c. ale., r1�e�«*+a..tz ce�4jfjE63 ro lm eY7A
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
V. Purpose of New Construction Requested: g
VI. Please describe the land contours (flat,slope %, etc.)as exist and how it relates to the
difficulty in meeting the code requirement(s):
Please submit seven (7) photos,labeled to show all yard areas of proposed construction after
staking corners for new construction),or photos of existing building area to be altered(area
of requested changes).
7/2002;2/2005; 1/2006
r
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z-29553 Date: 07/02/03
THIS CERTIFIES that the building NEW DWELLING
Location-of Property:._9680 _ NORTH BAYVIEW RD SOUTHOLD
(HOUSE NO.) (STREET) ` Y(HAMLET)
County Tax Map No. 473889 Section 79 Block 8 Lot 13
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated AUGUST 29, 2002 pursuant to which
Building Permit No. 28709-Z dated AUGUST 29, 2002
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 SINGLE FAMILY DWELLING WITH ATTACHED GARAGE, OPEN PORCHES AND RAISED
l
PATIO AS APPLIED FOR.
The certificate is issued to RUSSELL & FLORENCE PELLICANO
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-96-0099 06/27/03
ELECTRICAL CERTIFICATE NO. H074886 05/03/02
PLUMBERS CERTIFICATION DATED 12/29/96 PRECISION PLUMB.&HEATING
Authorized Sir
i ture
Rev. 1/81
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R013ER GIULIANI,ESQ. COMMUNITY I)
380 LEXINGTON AVE.SUrM 200 FFEWVATtoN
NEW YORK.NY 10169-0002 FUND
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made by:
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/tel!<Sf.ALL �i. 4r �,(/l��A)[1�� �p� ftaein is situated in
SUf•T•OI.K allTIY,(NEW YORK
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BARGAIN AND SALE DEED
TINS WDENTURE,made tho day of
Bl:'Rt•EE\
RUSSELL A.PELLICANO AND M.ORENCE PELLICANO,HUSBAND AND WIM having an address of 9680
Wirth Bayview Road.Southhold.New York 11971.
patty of the Ery.and
RUSSELL A.PELLICANO AND FLORENCE PELLICANO,as Trustees of THE RUSSELL A.PELLIO
AND FI ORENCE PELLICANO REVOCABLE LIVING TRUST,DATED THE/p'6AY OF
CVM ,RUSSELL A.PELLICANO AND FLORENCT PELLICANO.TRUSTEES,hav tg an address
of 9680 North Bayview Road.Southhold,New York 11971,
party of the second part,
W1•f\, FSSETFL that the party of the first part.in consideration of Ten Dollars and other valuable consideration paid
by the party of the second pan,dots hemity grant and release unto the party of the second part,the heirs or successors
and assit;as of the party of the second part forever,
ALL that eertain plot•piece or parcel of land,with the buildings and improvements thereon erected.situate.lying and
being in the County of Suffolk,State of New York bounded and described as follows:
SEE EXMsff ,A" ATTACHED HERETO AND MADE A PART HEREOF FOR LEGAL
DESCRIPTION.
TMETHER with a'i rights,title and interest,tf atty,of the party of the first pan in and to any aureus and roads abutting the above
described premises to the center lines thereof:TOGETHER with the appurtenances and all the estate and rights of the party of the
rim pan in and to said premises:TO HAVE AND TO HOLD the pmrW ses herein granted unto the party of the second part,the heirs
or successors and msips of the parry ofthe second part forever.
AND die party of the first pan covenants that the party ofthe fust pan has not done or suffered anything whereby the said premises
have been encumbered in any way whatevw.except as aforesaid.
AND the party of the fust part.in compliance with Section 13 of the Lien Lax,cot enants that the party of the frim part will receive
the ci nmarmion for this conveyance and will hold the tight to receive such consideration as a trust fund to be applied fust for the
purpow of paying the tort of the unpro-mment and x ill apph the$amt first to the payment of the cost ofthe improvement before
using any pan of the towl of the same fix M other pttrpo.e.
The x Ord"party"shalt be construed is it or reoa"patio a hcnetcr the sense of this indenture so requires.
1%WITNESS WHEREOF.the tvn.of the tifat{un b,,,duh c%ccuted this Jmd the day and year fast abo v written.
M PRFSE%CE OP
RUSSELL A.PELLICANO
� 7 �
4rlems
FL(1 I.IC-ANO
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OESCRIPTION OF LOT NUMBER ONE AS SHOWN ON THE MINOR SUBDIVISION
MAP OF PELLICANO WOODS.SITUATED IN B4YVIEW. TOWN OF SOUTHOI.D,
COUNTY OF SUFFOLK, STATE OF NEW YORK. ALSO KNOWN AS SUFFOLK
COUNTY TALC MAP NUMBER 1000.079-08-P1013. j
BEGI%- 'NlLN`-(i at a point on the southerly side of North Bayview Road. Said point or place of
beginning being 6116.96 feet easterly as measured along the southerly.-side of North Ba�Tlew
Road from the Intersection formed by the southerh side of North Bayview Road with the
casterl.side of Seawood Drive.
Rf '-Nl-NG_TH1i&NCE easterh-from said point or place of beginning along the sauthert.side
of!forth Bayview Road S.7314' 10" F...a distance of 371.46 feet to a point.
RUXXJ!iGTIfNCE southerly.S.2140'40"W'.,a distance of 521.65 feet to a point.
RUNNINGTHENCF easterly S.4614'2011 F...a distance of 161.82 feet to a point.
i RUN LNG THEDGE southerh•the following two(2)courses and distances:
1. S. 23 02'50"W.,a distance of 406.50 feet to a point.
2. S. 2145120"14:.a distance of 128.64'feet to a point.
r^
RUNNIN T11 RNU easterly S.6752'50"E,a distance of 518.48 feet to a point.
BVN,NLNfi 1J tt•_NC northerh N.22 07110"F.,a distance of 1081.73 feet to the southerh side
of North Bay.view Road and to said point or place of beginning.
Sold parcel containing 11.32 acres(including R.O.W.)
STATE OF NEW YORK
I County of Suffolk Loud of the State
Of Suffolk and Clerk of the Supreme�T�that I
� �� �S a Con of Recocct)�HAY
1,FDWARI3 P.ROMAINE
of New York in anal for said Covntl►( o200 O
i�cothe snaexed D 6 S at Page gecorded and
Deed liber Deed
and t1tat it is a jest and true copy of such original
of the whole thereat batwntO Betty baud and aflixetl the seal of said COMM
IN TESTIMONY Wk1ERROF'I boveA z0 03
and Court this
....................................� omd"�..aerk............................
....
Form No. 104
r
a•
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION'
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a -financial interest in the
subject premises and a description of their interests:
(Separate sheet mdy be attached. )
Ross-e►I P 1( ���-o
FLOtfI P.b�G C PC lI I GR+•lo
B. Is the subject premises listed on the real estate market for
-- sale or being shown to prospective buyers? { } Yes
{V,4 No. (If Yes, please attach copy of "conditions" of sale. )
C. Are there any proposals to change or alter land contours?
( ) Yes fp e4 No
D. 1. Are there any areas which contain wetland grasses? Wo
2. Are the wetland areas shown on the map submitted with
this application? //o
3. Is the property bulkheaded between the wetlands area and
the upland building area? A(.4
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? hl
E. Is there a depression or sloping elevation-.near the area of
proposed construction at or below five feet above mean sea
level? _ ,c/% (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? lVolve If none exist, please state "none. "
G. Do you have any construction taking place at this time
concerning your premises? NO If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? !o If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel SuA t-e •PALU I L-4 - and
proposed use 13e,a p-,Z,,L 3r��ai�Frrs�
thorized Signature and Date
3/87 , 10/901k
Office Location: h�0�0 CQGy Mailing Address:
Town Annex/First Floor,North Fork Bank o
W 53095 Main Road
54375 Main Road(at Youngs Avenue) - • P.O. Box 1179
Southold, NY 11,971 Southold,NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS '
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
QUESTIONNAIRE
Accessory Apartment or Bed and Breakfast with Owner-Occupancy
Names of Individuals or Parties Having an Interest in the
Subject Premises and a description of their Interests:
Name of the Applicant( s) and his/her Residence:
Names of Current Residents/Occupants of the Subject Premises:
RusSall t=l �re��e Re((iCArvo
13R 1 V I t� R Ck. $a,A-TJJ 0-4
Current Occupants are: (please check one or more boxes)
{ } Tenants with Written Lease
{ } Tenants without Written Lease
{x-} Current Owner
{. } Contract Vendees
{ } Proposed Occupants/Residents under the Subject Application
{ } Residents
NOTE: By not checking one or more of the above, it is assumed
that the current Occupants are not tenants with a written or
without a written lease, are not current owners,—are— not
contract vendees, are not proposed Occupants/Residents
under the Subject Application; and/or have a different
residence. '
Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? ( • } yes
{�} No
orized Si ature and Date
AYYL1l AN'l _
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Tong 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: j9cdrd:e/I T-t-atiCtilct� Q�= -.-j'
(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
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
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself(the applicant) and the Town officer 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
Submitted this day o -
Signature,
PrintNaie: 2uss�i�c�c.i es�o
*0f SUUIyo
ELIZABETH A.NEVILLE ,`O l0 Town Hall, 53095 Main Road
TOWN CLERK .1L P.O. Box 1179
REGISTRAR OF VITAL STATISTICS- T Southold, New York 11971
MARRIAGE OFFICER G p Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ���y Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER CDUNTV,� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: December 6, 2006
RE: Zoning Appeal No. 5991
Transmitted herewith is Zoning Appeals No. 5991 of Russell & Florence Pellicano -the
Application for Special Exception to the Southold Town Zoning Board of Appeals. Also
enclosed is the Applicant's Project Description, Questionnaire for Filing with the Z.B.A.
Application, Accessory Apartment or Bed and Breakfast with Owner-Occupancy Questionnaire,
Applicant Transactional Disclosure Form, Certificate of Occupancy Dated: 07/02/03, copy of
Deed, First Floor Plan, Second Floor Plan, and a Survey of the property prepared by Kenneth H.
Beckman, L.S.; Surveying and Land Planning.
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 12/06/06 Receipt#: 1257
Transaction(s): Reference Subtotal
1 1 Application Fees 5991 $250.00
Check#- 1257 Total Paid: $250.00
Name: Pellicano, Russell & Florence
9680 N Bayview Rd
Southold, NY 11971
Clerk ID: MICHELLE Internal ID 5991
i
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 12 / 05 /06
ZBA# NAME CHECK# AMOUNT TC DATE STAMP
CE9�U�D
5991 Pellicano, Russell & 1257 $250.00
Florence DEC 6 2006
Sou'hold Town Clorb
TOTAL $250.00
By Thank you.
NEW APPLICATION SET-UP STEPS
EFFECTIVE 8/2/06
PART II
CHECK BOXES AS COMPLETED
[�] Staple this form to outside of file.
1. [�}r: Pull ZBA copy of ND.
2. Check file boxes for priors. If priors, complete LF research; print with
r; maps and make 7 copies.
3. [�) ��;. Assign next number on list; put number on outside of file folder.
4. [�]� Date stamp entire original application w/file number.
5. [,,}'' Hole punch entire original application (before sending to TC).
6. Enter priors or other new appeal on_ZBA application program
and on newly created index card.
7. Print program record.
8. [�]'� Print contact info & tape to front of file.
9. [;s]''� Prepare transmittal to Town Clerk (3 copies).
10. [✓Send original application w/transmittal & check to Town.Clerk.
11. Note inside file folders w/prior info (copy file card) and staple other index
cards inside left cover.
12. [V] Copy County Tax Map; highlight parcel and mark neighbors (across
�✓ streets etc).
13. Make 7 copies and put w/each packet.
14. Add preparer initials & date to (Notes on computer
program) when all of above is complete (now ready for
tech reviews).
15. [ ] Do mailing label (to contact person or owner—from
application page 1.
lei
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------X
In the Matter of the Application of
AFFIDAVIT
OF SIGN
(Name of Applicants) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 079 - O& - /,7./
-----------------------------------------------------X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Russe-1 f pe l,�I sfttp residing at eco o0ee� ,tQ,
rArrroy�_, New York, being duly sworn, depose and say tha ;
On the�_day of G�-J;9 •i ,,R-o07 I personally placed the Town's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten(10) feet or closer from the street or right-of-way (driveway entrance)—
facing the street or facing each street or right-of-way entrance;* and that
I hereby confirm that the Poster has remauied in place for seven days prior to trat date of
the subject hearing date, which hearing date was shown to be J11V
(Signature)
Sworn to before me this
day ofI�KVMA , 200-
CONSTANCE SZYMCZAK
Notary Public,State of New York
(Notary ublic) jffoQuaNiedin Solkk Cunty .
Commission Expires April 18,9M'-
*near the entrance or driveway entrance of my-pmp-edy,_as_th"rea_Inost vi-Bible-to-passersb .
Postal
o CERTIFIED MAILT,, RECEIPT
(DomesticEr Only;
f7J I For delivery information As,it our website at www.usps.conis
ru
C3 Postage $ $0.39 0971
M Certified Fee $2.40 76
0 (Endorsement
Requlrredd)) $1.85 Postmark
re
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PO Box 1179 --------
Southold, NY 11971
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Postal
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M Return Receipt Fee Here
(Endorsement Requtred) $1.85
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r-9 (Endorsement Requlred) $0.00
r-9
M Total Postage&Fees $ $4.64 01/08/2007
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i Clare Crossley&Giacomo Chicco
orPOI 120 11th Ave FI 5
city;s New York, NY 10021
• o - xmv
Postal
CERTIFIED RECEIPT
(DomesticLn
Er Only; Provided)
fu
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Postage $
M Certified .2-YO
Certified Fee
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Karen&-Jimmy Cullen -
orPO1 9622 N. Bayview Rd. ---------
cTry, Southold, NY 11971
Postal
CERTIFIED MAILT. RECEIPT
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Er (Domestic Mail Only,
ru
-904N)FIVIC �0 A L U 8
ru
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r- Arline F 8:Ronald Smith --------
Sheer,�
or PO 6 PO Box 897
01%sa = Southold, NY 11971
Postal
RECEIPTCERTIFIED MAILT.
Dom. (Doinestic Mail Only; .•
to For delivery information visit our we�isite at vm%y.usps.corn*
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C3 Postage $ $0.39 0971
f
M Cerdded Fee $2.40 76
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Return Receipt Fee Postmark
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r=1 (Endorsement Requlred)
M Total Postage&Fees $ $4.64 01/08/2007
u7 —� — — — _ --- --
Sent 7
o ______I Karen Murray& David Dickerson I___________
r� street
or Po 9350 N. Bayview Rd.
city,'? Southold, NY 11971
Postal
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For
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�
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C3 V.J. Development Corp .__.._.-
orPOBo" Attn:William Moore
c ty,-aih 5120 Route 25
Southold, NY 11971
-
■ Complete items 1,2,and 3.Also complete A. Sgnatur
item 4 if Restricted Delivery is desired. 1 - ❑ nt
X
■ Print your name and address on the reverse ! ❑Addressee
so that we can return the card to you. B. Received by(Printe Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address di 11� 13 Yes
1. Article Addressed to: If YES,enter deliv ress be �� No
CO
Arline F&Ronald Smith
PO Box 897 9_ CO
Southold, NY 11971 r
3. Service Type
®Certified Mail E03 all
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 3110 0003 0247 2964
(transfer from service labeq
PS Form 3811,February 2004 Domestic Return Receipt 1020-M 1-540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No—G-1 0
• Sender: Please print your name, address, and ZIP+4 in this box•
Russell Pellicano
9680 North Bayview Rd.
Southold, NY 11971'
■ Complete items 1,2,and 3.Also complete A. Sig atu ,� � , gg
A
item 4 if Restricted Delivery is desired. r vw�G "
■ Print your name and address on the reverse X a� res ee
so that we can return the card to you. B. Received by(Printe�d �e)t I—' . Date of Del ery
■ Attach this card to the back of the mailpiece, f 5y
or on the front if space permits. a
1. Article Addressed to: D. Is delivery add _ erentfro 1 [V Yes
If YES,enter delive address be ow: D No
Karen Murray&David Dickerson
9350 N. Bayview Rd.
Southold, NY 11971
3. Service Type
®Certified Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 3110 0003 0247 2971
(Transfer from service labeo
PS Form 3811,February 2004 Domestic Return Receipt 102 M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No,G-10
• Sender. Please print your name,.address, and ZIP+4 in this box•
Russell Pellicano
9680 North Bayview Rd.
Southold, NY 11971
- J
COMPLETE . .• .• .
Complete items 1,2,and 3,Also complete A. SignStige
j Item 4 if Restricted Delivery is desired-. ❑
I Print your name and address on the reverse ❑Addressee
zo that we can return the card to you. �-
y B. a eived by(Punted a e C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits. �C
D. Is delivery addle's differen ren it 1 ❑Yes
1. Article Addressed to: r
If YES,ente tve��ddress bei 13 No
Southold Town Hall
PO Box 1179
Southold, NY 11971
3. Service Type
®Certified Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number --------_—_
(Transfer from service label) 7005 3110
0003 0247 2940
PS Form 3811,February 2004 Domestic Return Receipt 0-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender. Please print your name, address,and ZIP+4 in this box•
Russell Pellicano
9680 North Bayview Rd.
Southold, NY 11971
i
■ Complete items 1,2,and 3.Also complete 7Red!by
item 4 if Restricted Delivery is desired.
El 13 Print your name and address on the reverse 13Addressee
so that we can return the card to you. Punted Name) C, Date of Delivery
` 7
or on the front if space permits. 1-
43
D. Is delivery address different from item 1? 13 Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
V.J. Development Corp
Attn:William Moore
5120 Route 25
Southold, NY 11971
3. Service Type
®Certified Mall ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 3110 0003 0247 2988
(Mansfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102; a-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.Ci-10
• Sender. Please print your name, address, and ZIP+4 in this box•
Russell Pellicano
9680 North Bayview Rd.
Southold, NY 11971
• • • 0101171V44 • • •
■ Complete items 1,2,and 3.Also complete A. Sig ature
item 4 if Restricted Delivery is desired. Agent
■ Print your name and address on the reverse X LI Addressee
so that we can return the card to you. g. R p ed by(Priv a C. Date of Delivery
■ Attach this card to the back of the mailpiece, �
or on the front if space permits.
D. Is delivery add different from 1 ❑Yes
1. Article Addressed to: If YES,ante v dd g,bel; ❑No
IN U
Karen&Jimmy Cullen
9622 N. Bayview Rd.
j Southold, NY 11971
3. Service Type
®Certified Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7025 3110 0203 2247 2957
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
l _--D STATES POSTAI SERVICE PFIrst-Class Mail
Postage&Fees Paid
USPS
Permit No,G-10
• Sender. Please print your name, address, and ZIP+4 in this box•
Russell Pellicano
i 9680 North Bayview Rd.
Southold, NY 11971
I
i
i
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------X
In the Matter of the Application of
AFFIDAVIT
OF
P44 h MAILINGS
(Name of Applicants)
CTM Parcel #1000- ?8_ &„13
----------------------------------------------------X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
aar- residing at F6&t- 1Y, QJ�yV149L.of-4
New York, being duly sworn, depose and say that:
On the &�L day of 1+ 2 coo-? , I personally mailed at the United States
Post Office in -� 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 ().Assessors, or( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-way of record,
surrounding the applicant's property.
(Signature)
Sworn to before me this
g day ofJc ,�ov� , 200
CONSTANCE,SZYMCZAK
Notary Public,State of New York
No.GISZ6125616
o Public Qual#W'in Suffolk County
) Commission Expires April IS,2M'-
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.
Arline F& Ronald Smith
PO Box 897
Southold, NY 11971
Karen Murray&David 'r
Dickerson
9350
N. Bayview Rd.
Southold, NY 11971
V.J. Development Corp
Attn: William Moore
5120 Route 25
Southold, NY 11971
Clare Crossley&Giacomo Chicco
12011th Ave FI 5
New York, NY 10021 ,-• o . �.•„
Southold Town Hall
PO Box 1179
Southold, NY 11971
Karen&Jimmy Cullen
9622 N. Bayview Rd.
Southold, NY 11971
300A�8'VQO
AloY w-ev,io E?tz,v 13KCIU11(IMV,
Firan'resato.&I
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1:AKI � J �
"he following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
.. . 'AME : Pelimicano , R. and - F . #59,91
14AP # mW 79-8- 1 3 . 1
APPEAL : Special Exception
BEQUEST: Bed and Breakfast
DATE : THURSDAY, Jan . 25 , 10 : 30 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between- 8 AM and 3 PM .
=ONING BOARD-TOWN OF SOUTHOLD 765- 1809
-ZONING BOARD OF APPEAL
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: Town Hall Annex at North Fork Bank Building, 1 st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
January 2, 2007
Re: Town Code Chapter 58 — Public Notices for Thursday, January 25, 2007 hearing
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 January 10th:
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 how arrangements were made in either a written
statement, or during the hearing, providing the returned letter to us;
AND not later than January 12th` 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 during the
hearing and provide the card (when available). These will be kept in the permanent record as
proof of all Notices.
2) Not Later January 16th: please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until 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.
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.