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Home My WebLink About6382 ' /oo0 oa~ a~ S/S Sound Avenue, Mattituck, New York. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERNIINATION MEETING OF JULY 13, 2010 ZBA APPLICATION #: 6382 APPLICANTS/OWNERS: Frank J. and Donna Scarola and Donna Perrin PROPERTY LOCATION: 4850 Sound Ave., Mattituck, NY SCTM#1000-121-3-6 BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article Ill, Section280- 13B, sub-section 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single-family dwelling, accessory and incidental to their residential occupancy under the Building Department's Certificate of Occupancy -No. Z-33826 dated 7/10/09. The proposal is for two bedrooms for lodging and serving of breakfast to the B & B casual, transient roomers, which will be in addition to the three B&B bedrooms approved on 2/28/10 in ZBA decision # 6350, for a maximum total of five bedrooms. The subject property consists of a two-story barn that was renovated into a very large home approximately 2 years ago. This home lies on a parcel with three large barn storage buildings. Total lot area is 96,567 square feet, or 2.217 acres. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 30, 2010 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, and upon review of the code requirements set forth pursuant to Article Ill, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Frank J. & Donna Scarola and Donna Perrin, the applicant(s) herein, are the owners of the property, located at 4850 Sound Ave., Mattituck consisting of 96,567.61 sq. ft., with 157 feet on Sound Ave., 354.56 feet on the east property line, 275.62 feet on the south property line and 506.51 feet on the west property line. It is improved with a single-family dwelling, (partly one and partly two story), and three accessory buildings as shown on the survey by Nathan Taft Corwin llI, L.S. dated last revised Sept. 9, 2009. The 50% owner/applicant Donna Perrin, will continue to occupy same as her principal residence while managing and operating the Accessory Bed and Breakfast facility, as confirmed by Donna Pen'in at the public hearing 2. The applicant's plans comply with the on-site parking requirements and provide for seven parking spaces, two for the principal single-family use and one for each of the five Accessory Bed and Breakfast bedroom(s), as noted on the above survey by Nathan Taft Corwin. Page 2 July I3,2010 ZBA File#6382 - Frank J and Donna Scarola and Donna Perrin 3. The applicants comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. All buildings on site will be accessible for fire and police protection. 4. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent residential uses. It is compatible with its surroundings and the character of the neighborhood and community in general, particularly with regard to visibility, a proper parking ama for guests and overall appearance. 5. The Special Exception is accessory to the principal dwelling use and will not prevent the orderly and reasonable use of adjacent properties. Dedicated accessory B&B space is noted at 3,473 sq. ft. The dedicated owner space is noted at a minimum 3,656 sq. ft., with the mechanical area shown as 456 sq. ft., per floor plans submitted by owner's agent, North Fork Permits, dated Jan. 28, 2010, page A- 1, received in the Zoning Board on March 12, 2010. 6. This accessory will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. The use will be in harmony with and promote the general purposes and intent of this chapter. The subject parcel is located on an improved private road, serviced from a Public Rd. 7. No evidence has been submitted to show that the safety, health, welfare, comfort and convenience or the order of the Town of Southold will be adversely affected by this proposed use of a Bed and Breakfast in this location. 8. This Accessory Use is authorized by the Zoning Code Section 280-13B(14) with Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before the Bed and Breakfast use may be occupied. 9. No adverse conditions were found after considering items listed under Section 280-142 and 280-143 of the Zoning Code. 10. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried to; GRANT~ the Special Exception permit for an Accessory Bed and Breakfast, to be used only in conjunction with the applicants-owners residence, as applied for, As shown on the floor plan submitted by North Fork Permits, dated Jan. 28, 2010, page A-I, and received by the Board of Appeals on March 12, 2010, and on the survey by Nathan Taft Corwin III, L.S. dated last revised Sept. 9, 2009. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Owners shall occupy this single-family dwelling as their principal residence. This permit can only be used for its intended use, not any other use. 2. There shall be a flexible chain ladder properly installed in any/all second floor bedroom areas. 3. The owners of the subject property are required to maintain proper access of ingress and egress to their home during the existence of this Special Exception 4. Signage shall be established on the subject premises stating that no guests at any time are permitted to back out on Sound Avenue, when exiting the property with a vehicle. 5. This Special Exception is limited to five (5) bedrooms and common areas for the Bed and Breakfast use as indicated on the floor plan submitted by the agent for the applicants, North Fork Permits, dated Jan. 28, 2010, page A-I, received by the Board of Appeals on March 12, 2010. 6. Applicants agree to file for the proper inspection by the Building Inspector and to comply with all of the requirements, for the purpose of receiving a new updated Certificate of Occupancy, for a five (5) Bedroom B&B. Page 3- July 13,2010 ZBA File#6382 - Frank J. and Donna Scarola and Dorma Perrin 7. Applicants agree to comply with the floor plan specifications as provided by North Fork Permits, date stamped received by the ZBA March 12, 2010, labeled Floor Plans A-I, dated Jan. 28, 2010, and made part of this application. 8. The Board requests a final inspection, of the completed Town Approved (5) Bedroom B&B, with the Certificate of Occupancy to be submitted to the Zoning Board Office, on or before the final inspection. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or amhitectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider. (Absent were: Members Homing and Dinizio) This Resolution was duly adopted (3-0). Approved for filing /'7/..,/0 /2010 RECEIVED J U"¢~-OL'-'2 2 201 Southold Tow~ Clori ' i SURVEY OF PROPERTY S_fTUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-121-0.5-06 SCALE t"=60' SEPTEMBER 20, 2000 JULY 24, 2006 UPDATE SURVEY FEBRUARY 25, 2009 ADDED SEPTIC SYSTEM & WATER LINE MARCH 24, 2009 ADDED PROPOSED PARKING APRIL 1, 2009 ADDED PROP DRYWELLS SEPTEMBER 9, 2009 REVISED NOTES AREA = 96,567.61 sq. fT. 2.217 oc. FtN~~AL MAP REVIEWED BY ZBA 8EEDECI$10N # ~Z~2~ DATED -7 I/~ I/? CERTIFIED TO: FRANK SCAROLA RECEIVED BOARD OF APPEALS AND/OR EASEMENTS Or RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fax (651)727-1727 Second Floor Plan Third Floor Plan Unheated Attic 5pace asphalt roof shingle 2x8 roof raf~er~ ~ EXTERIOR WALL CONST. (T~P.) ~" drywall board 2x6woodBtud wall ~ 16"oc exl;erlor grade plywood 5heathllag wood siding on building paper window opening Typical Wall 5ec~aon 04' 6" ~t7~ 28' 6" 4" J 5'- I O" I 0'-6" ~oposed Proposed Bedroom 45'-2" 5' 7" I I ' 2" 30' 4" Firs~ Floor Plan ~ RECEIVE% ~c~A ~2010 REL "-~£~ ~y ZBAI ~OARD OFA~.~ALS SEE ~ DATED 7 / NYLIC, 031085-1 PA LIC. 9859-X O zZ O NO.[ DATE REVISIONS COMM. NO.: NFP DATE: Jan. 28, 2010 SCALE: AS NOTED CHECKED BY: B~ Gorman SHEET T~LE: Floor Plans A-1 SOUTHOLD TOWN BOARD OF APPEALS Phone (631) 765-1809 Fax (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION RECEIVED BOARD OF APPEALS Application No. Date Filed: 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 ~ SUBSEClqON l,~ ~ ~ ' Owncffs)(asapplicant): p~'/O~h°~ ~'~rRP~3.~,.~ ~ q~4q~-~¢ c~t~lh Mailing Address: ,t~,~,~) 5,yo.to~ ~0~.' t,q~'~o-ft2o~t~',.I ~l.~ff/-'- Telephone: {(~t' ~.q~ ~' 76'"/6 NOTE: If applicant is not the owner, state if applicant is owner's attorney, a§ent, architect, builder, conlract vendee, etc. Authorized Representative: [~£[~lkfik. (~,.gqt~k~ , Telephone: /-C~(' ~- t,~l For the below-described proper~y for the following uses and purposes (and as shown on the attached plan drawn to scale): (atlachseparatesheetsifneeded) (_~0~ U'~,,.~ ~.I~"/~(A3Q,~ '~ A. Statement of Ownership anti Interest: ( ~-0 ~/,to) ~::~J~ ~ ~O/,)/.J~ ~O[~}/...~o('~"0~,h ~ ~d~.) is{are)theowner(s)ofpropertyknown ~H6use No., Stxeet, Hamlef) / .... ' ' - identified on the Suffolk County Tax Maps as District 1000, Section ] :~' I , Block "~ , Lot(s) ~(~ , which is not (is) on a subdivision Map (Filed '- j "Map of "Filed Map No. , and has been approved by the Southold Town Panning Board on ~9 (uq- as a [Minor] [Major] Subdivision). ~//~/O The above-described property was acquired by the owner on ~ . B. The applicant alleges that the approval of this exception would be in tmnirony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: ,4 ~' C. /The property which is the subject of this application is zoned ~ (... and [ v'lis consistent with the use(s) described in the Certificate of Occupancy(copy attached). [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) SS.: STATE OF NEW YORK) Sworn to before me this I ~ day of rllkO--rC,~ (Signatg~' '~ ,2oto(._ ZBA2 (rev. 2/06) BARBARA H. TANDY Notary Public, State Of New York No. 01TA6086001 Qualified In Suffolk Count~ Commission Expires 01113/20 J, I ~'PLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~¢,0~ / F~-"~x.t/~ [ Date ~ep~ed~ ~(,Q~/ I. For Demolition of E~sting Building Areas ~ Please desehbe ~eas being removed: ~ MAR 1 ~ 2010 II..New Construction Areas (New Dwelling or.New Additions/Extensions): D~mensions of first floor extension: AD ]~ Dimensions of new second floor: /~ Dimensions of floor above seconal level: /O [Pc Height (from finished ground to top of ridge): /-) Is basement or lowest floor area being constructed? I~yes, please provide height (above ground) measured fi.om natural existing grade to first floor: A,)(Ar HI. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet ffneeessary) - Please describe building areas: N~.un~b?~r o.~f~loo~rs and~...General.1 ?har?cteri~stics BEFORE Alterations: IV. Calculations of building areas and lot coverage (from surveyork Existing square footage ofbuildings on your property: [ 71 4t. Proposed increase of building coverage: _ ~' ' Square footage of your lot: q ~ ! f"~ ~ ~. Percentage of coverage of your lot by building area: 4t~ . 0 ~ ~ V. Pur ose of New onstruction Requested: ~_~ VI. Please describe the land contours (fiat, 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 Q_ffice Location: ,Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11,971 M, ailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 QUESTIONNAIRE Adcessory Apartment or Bed and Bre'akfa~qt with Owner-Occupancy Names of Individuals or Par~ies Having an Interest in the S~%bject Premises and a description of their ~nterests: RECEIVED MAR 1 92010 BOARD OF APPEALS Name of the Applicant(s) and b~is/her l{esidence: Names of Current Residents/Occupants of the S~ject Premises: Curren~ Occupants are: (please check one or more boxes) { ) Tenants with Writtea Lease ( }/ Tenants without Written Lease {x/J Current Owner {. } . Contract Vendees { } Propose4 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, &re. 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 ~ale~r being sh~n to pro'spective ' wwJ ~~J . , buyers*. {}Yes Aq~o~l~ature and Dae~ ! RECEIVED MAR ! ~ 2010 ou,-,~u OF APPEALS 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 ~y he attached.) Is the subject premises listed on the real estatehnarket~or B. sa~r being shown to prospective buyers? { } Yes { No. (If Yes, please attach copy of "conditions" of sale.) C. Are there~n¥ proposals to change or alter land contours? { .} Yes {~} No D. 1. Are there any areas which contain wetland g~ass~s?...~_O__ 2. Are the w~tland areas ~hownon the map submlttea this application? ~ 3. Is the proper.t~ ~ulkh~aded betwpen the wetlands area ano the upland building ar~a? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Tow~rustees for its determination of jurisdiction? E. Is there a depression or sloping elevation-near the area of proposed construction at or below five feet above mean sea level? /JO (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? /JO If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /J~ 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? ~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~ ~A ' A> ~ proposeuse ~ ' W% , Au4fho~ize~gnature and Date , 3/87, 10/901k TRANSACTIONAL DISCLOSURE FORM ~MISSION BY OWNER and OWNER'S ~, T) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers end 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. (Last name, first rdme, 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 Special Exception If "Other", namethe activity: I~--'~ ~:~ Change of Zone Approval of Plat Exemption fi.om Plat or Official Map Other tlAR 1 BOARD OF APPEALS 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 empl~e owns more then 5% of the shares. YES NO Complete the balance of this form and date and sign below 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) end/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 applicent is a corporation); B) the legal or beneficial owner of eny 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~y of Signature: T~ANSACTIONAL DISCLOSURE FORM _ (FOR '~v/ISSION BY OWNER and OWNER'S AGO 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: ~-~ ~e e,."oi~_ (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 Special Exception If"Other", name the activity: '~--C~-CLU',~ ~OV-eo.,~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other RECEIVED [,fAR 1 2 20~0 BOARD OF APPEALS 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 ~ Complete the balance of this form and date and sign below 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 of Signature: Print Name: ~ANSACTIONAL DISCLOSURE FORM (FOR ~MISSION BY OWNER and OWNER'S 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. (LaSt name, ftrst name, middle initial, unless you are applying i~ the name of someone else or other entity, such as a company. If so, indicate theMAR other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If"Other", Change of Zone Approval of Plat Exemption from Plat or Official Map Other BOARD OF APPEALS; 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 Y Complete the balance of this form and date and sign below 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 RELATIONSHI~ ~NSACTIONAL DISCLOSURE FORM ~ (FOR ~MISSION BY OWNER and OWNER'S AGW) 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 .o.f inter~t and~ allow it to take whatever action is necessary to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the n~me of someone else or other entity, such as a company. If so, indicate thef'RECEIVED~ other person or company name.) MAR 1 2 21110 NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", ~) ,_~1~ ~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other WARD OF APPEALS 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 e~ployee owns more than 5% of the shares. / YES NO Vt Complete the balance of this form and date and sign below 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 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECE IV E MAR 1 2 2010 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~ 2) Address of Applicant: 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description of Proposed Project: 6) Location of Property (road and tax map number): ~..~f'l~.~'-- - --<e - 7) Is the parcel within an agricultural district? []No [~es If yes, Agricultural District Number 8) Is this parcel actively farmed? [~o []Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address '~'~ ~A.K_ e~! ~ ~ (2-~O~~a4,.{ 5 2. 3. 4. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-19~8 or.~~ard of Appeals at 765-1809. ~" Sig~9l~ Applicant D~e Note: 1. The local board will so!!cit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above, The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and 6annot be acted upon by the board. 1-14-09 To: From: North Fork Permits0 Town of Southold Zoning Board of Appeals Town Hall Annex 5outhold, NY 11971 North Fork Permits William P. Gorman PO Box 1447 Mattituck, NY 11952 Permit Expediters ~ RECE][VED / OARD OF App..ALs Date: March 10, 2010 Re: Scarola/Perrin B&B SCTM# 1000-121-3-6 To whom it may concern; My clients, Frank Scarola and Donna Perrin, are requesting an increase in the number of bedrooms in their existing B&B. Currently, there are 3 permitted B&B bedrooms, and we wish to increase that to 5 B&B bedrooms. Thank you for your consideration. Sincerely, William P. Gorman, North Fork Permits Authorized Representative for Frank Scarola and Donna Perrin P.O. Box 1447, Mattituck, New York 11952 631-445-1461 From: Frank Scarola 4850 Sound Ave. Mattimck, NY 11952 RECEIVED '"J~/__~ ..~ c~,~'"-. BOARD OF APPEALS Date: 11/3/09 To whom it may concern, William Gorman of North Fork Permits is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY REC~.I'VED BOARD O? APPEALS NO: Z-34070 Date: 11/13/09 TIIIS c~-[IFIF~ that the building STORAGE BUILDING Location of Property: 4850 SOUND AVE MATTITUCK (SOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 121 Block 3 ~ot 6 Subdivision Filed Map NO. __ Lot NO. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 2, 2008 purs,,~-t to which Building Permit NO. 33782-Z dated APRIL 2, 2008 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 NON-~ABITABLE STORAGE BUILDING (40 X 100) PER ZBA #1063 DATED 3/2/67. The certificate is issued to FRANK & DONNA M SCAROLA (OWNER) of the aforesaid building. SUFFOLK COUNTY DSPARTM~NT OF HEALTH APPROVAL N/A EI~L-rKICAL =~KTIFICATE NO. 129244C 08/14/09 Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED ~AR 1 ~ ~010 BOARD OF APPEALS NO: Z-34054 Date: 11/05/09 T~IS CERTIFIES that the building FARM STORAGE BLDG Location of Property: 4850 SOUND AVE (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 121 Block 3 MATTITUCK (HAMLET) ~t 6 Subdivision Filed Map NO. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 2, 2008 pursuant to w~ich Building Permit No. 33781-Z dated APRIL 2, 2008 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 FARM STORAGE BUILDING (60' X 100') AS APPLIED FOR PER ZBA ~805, DATED 9/30/65. The certificate is issued to FRANK & DONNA M SCAROL~ ( OWNER ) of the aforesaid building. ~FOLK CO~N~f DEPAI~T~qT OF H]~%LTH APPROVAL N/A I~'T_..~-[-KICAL ~K-JL'IFICAT~ NO. 129241C 08/14/09 //Aut~ori z~d Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y_ PRE EXISTING CERTIFICATE OF OCCUPANCY BOARD O~ AppEAh5 34029 Date: 10/22/09 1]{IS CERTIFIES that the building ACCESSORY STORAGE Locati~ of Property 4850 SOUNID A~ MATTITUCK (HOUSE NO.) (STREET) (~AMLET) County Tax Map No. 473889 Section 121 Block 0003 Lot 006 Subdivision Filed Map No. __ Lot NO. __ Accessory Building ¢onfo to the R ir .ts built prior to APRIL 9. 1957 pursuant to which U~KTIFICATE OF OCcupANCY N~14BER Z- 34029 dated OCTOBER 22, 2009 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 STORAG~ BUILDING. (BUILDING D ON SURVEY) The certificate is issued to FPJ%NK & DON/gA M SCAROLA (OWNER) of the a~oresaid building. -/~ N/A N/A Rev. 1/81 NO: Z-33826 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPItRTMENT Office of the Building Inspector Town Rall Southold, N.Y. CERTIFICATE OF OCCUPANCY BOARD OF Date: 07/10/09 ~I~IS t~KTIFIES t~at the building NEW DWELLING ~catlon of Property: 4850 SOUND AVE MATTITUCK (ROUSE NO.) {STREET) (HAMLET) county Tax Map NO. 473889 Section 121 Block 3 Lot 6 Sul~iivision Filed Map NO. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 17, 2007 pursuant to which Building Permit NO. 33123-z dated JTJNE 8, 2007 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 ALTER EXISTING BUILDING TO O~ FAMILY DWELLING WITH FIRST FLOOR STORAGE UNHEATED NONFJ~BIT~LE ATTIC SPACE, SECOE~D FLOOR DECK, 5 BEDROOMS ~ND A~ACRED TWO C~ GARAGE ~S ~PLIED FOR. 'the certificate is issued to FPJ~NK & DONNA M SC~=ROLA (OWNER) of the aforesaid building. 05/11/09 04/27/09 ~rize~ Signature Rev. 1/81 SOUTHOLD .PI~OPERT.11~LREC-ORD CARD W TYPE OF BUILDING ~ ~ * S~l.II VLI / ~F~ ~ ~O~: ~I ~ 'sc.I 1 IMP. TOTAL DATE REMARKS / / N~ NORMAL BELOW ABOVE IO]~]OO-D~a¢O/, FARM Acre Value Per Value ' ~ I ON WATER Swampland FRONTAGE Bru~lond FRONTAGE ON ROAD House Plot DEPTH COLOR TRIM L Bldg. <tension /£ )~' .~ ~ ~tension xtension '~ I,~-~,~ //,~1..~)' o~h arch Patio 1.00 / ~ion Walls Fire Place Roof reation Room Bath :loots nterior Finish Heat Roo~ns Ist FIo°¥ Rooms 2nd Floor OWNER LAND IMP. TOWN OF SOUTHOLD.PROPERTY RECORD CARD ~.~.r~ ~,~..- t/lo/Y) STREET ~'7~ ACE. 'YPE OF BLD. .RO., C~SS qqoI TOTAL DATE ?~oD ''/' REMARKS FRONTAGE ON WATER BULKHEAD HOUSE/LOT TOTAL RECEIVED MAR 1 22010 BOARD OF APPEALS COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-45740 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 1111212009 under Liber D00012606 and Page 0'16 and, that the same is a true copy thereof, and of the whole of such original In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1'1/12/2009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 09-0130331 TRANSFER TAX NUMBER: 09-08476 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 121.00 03.00 EXAMINED AND C~ARGED AS FOLLOWS $0.00 11/12/2009 02:58:16 PM Received the Following Fees For Above Instrument Exempt Page/Filing $25.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $6.25 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 09-08476 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012606 016 Judith A. Pascale County Clerk, Suffolk County Lot: 006.000 $20.00 $15.oo $~.00 $0.00 $30.00 $o.oo $3 ~/.25 Exempt NO NO NO NO NO NO Number of pages 5 TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stalnp FEES Page / Filing Fee Handling c5'~' '~.. 00 TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) lU:T.S.A. CO Comm. of Ed. 5. 00 Affidavit Certified Cop (f: ~ v' .k Reg. Copy Other ; 15{..-- Sub Total Grand Total ......... ' ~ ~" I 006.000 09026794 ~000 12100 0300 006000J Lot Verification 61 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Law Offices of Kramer & Associates, P.C. 99 Tulip Avenue, Suite 405 Floral Park, NY 11001 (516) 775-0300 RECORDED :2009 Nou 12 02:5E;: 16 PH .rvdil;h FI. Paz,:~le CLERK OF SiJKKOLK L DO00 !260L:, F' 016 DT~ 09-08476 Recordiug / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment - Transfer Tax ., Mansion Tax The property covered by this mortgage is or will be improved by a one or two fmnily dwelling only. YES or NO If NO, see appropriate tax clause on page #; ' of this instl'u~!3~qt: 5 community Preservation Fund Consideration Amount $ O. O0 CPF Tax Due hnproved X Vacant Land __ TD TD TD 7 [ Title Company Information Co. Name N/A ! 'ri,~o # N/A CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -~ THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY II; ig Jlr benture, madethe 12thdayofNovember, Two Thousand ap, dNine BETWEEN FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife, residing at 61 Stratford Avenue, Garden City, New York 11530, party of the first part, and FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife, residing at 61 Stratford Avenue, Garden City, New York 11530, as and for a Ninety-Nine Percent (99.00%) Interest in the Premises, - and - DONNA PERRIN, residing at 4850 Sound Avenue, Mattituck, New York 11952, as and for a One Percent (1.00%) Interest in the Premises, party of the second part, WITNESSETH, that the party of the first part, in consideration ofTen Dollars ($10.00) lawful money of the United States of America, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, SEE SCHEDULE "A' ATTACHED HERETO AND MADE A PART HEREOF SAID PREMISES being known as and by 4850 Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York 11952. SCHEDULE "A" LEGAL DESCRIPTION ~J~L THAT CERTAIN PLOT, PIECE, OR pD~RCEL OF LAND, SITUATE, LYING, ~%ND BEING AT MATTITUCK, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE p~uRTICULARLY BOUNDED ~ DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET ON THE SOUTHWESTERLY SIDE OF SOUND~AVENUE AT A POINT MARKING THE NORTH WEST CORNER OF THE LANDS HEREIN DESCRIBE~.~AND THE NORTH HAST COR/~ER OF LANDS NOW OR FORMERLY OF pRINS; RUN/gING THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHWESTERLY SIDE OF SOUND AVENUE, SOUTH 72 DEGREES 49 MINUTES 20 SECONDS EAST 157.00 FEET TO A POINT AND THE WESTERLY SIDE OF I~%ND NOW OR FORMERLY OF UNKELBACH; RUlgNING THENCE ALONG SAID LAND THE FOLLOWING 3 COURSES AND DISTANCES: 1. SOUTH 17 DEGREES 10 MINUTES 40 SECONDS WEST 24.50 FEET TO A MONUMENT; 2. SOUTH 10 DEGREES 22 MINUTES 00 SECONDS EAST 330.06 FEET TO A MONUMENT; 3. SOUTH 69 DEGREES 17 MINUTES 20 SECONDS WEST 275.62 FEET TO A MONUMENT SET ON THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF PRINS; THENCE ALONG SAID LAND THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTH 09 DEGREES 13 MINUTES 30 SECONDS WEST 192.00 FEET TO A MONUMENT; 2. NORTH 15 DEGREES 57 MINq3TES 10 SECONDS EAST 314.53 FEET TO THE SOUTHWESTERLY SIDE OF SOUND AVEN~JE AT THE POINT OR pLACE OF BEGINNING. FOR INFORFU%TION ONLY: DISTRICT 1000 SECTION 121.00 BLOCK 03.00 LOT 006.000 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above-described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and the year first above written. FRA~ J./~OXROLA DO~A M. SC~OLA IN PRESENCE OF: (Witness)"- STATE OF NEW YORK } COUNTY OF NASSAU } On the 12'h day of November, 2009, before me, the undersigned, personally appeared Dolma M. Scarola, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and she acknowledged to me that she executed the same in her capacity, and that by her signature oo the instrument, the individual or the person on behalf of which the individual acted, executed the instrument. Notary Public GREGORY R KRAMER Notary Public, State of New York No. 01 KR4868750 Qualified in Nassau County Commission Expires September 22, 2010 BARGAIN AND SALE DEED With Covenant Against Grantor's Acts FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife, DISTRICT: 1000 SECTION: 121.00 BLOCK: 03.00 LOT: 006.000 COUNTY/TOWN: Suffolk TO FRANK J. SCAROLA and DONNA M. SCAROLA, Husband and Wife, and DONNA PERR1N RETURN BY MAIL TO: LAW OFFICES OF KRAMER & ASSOCIATES, P.c. ATTORNEYS AND COUNSELORS AT LAW 99 TULIP AVENUE, SUITE 405 FLORAL PARK, NEW YORK 11001 (516) 775-0300 Reserve this space for use of Recording Office ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Feux (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 15, 2010 RE: Zoning Appeal No. 6382 Transmitted herewith is Zoning Appeals No. 6382 of Donna Perrin & Frank Scarola - the Application to the Southold Town Zoning Board of Appeals for Special Exception. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Agricultural Data Statement, Cover Letter from North Fork Permits Dated March 10, 2010, Authorization Letter from Frank Scarola to William Gorman to Represent them in this Matter, List of Zoning Appeals Requests for Property with Determinations, Certificate of Occupancy No. Z-34070 Dated November 13, 2009, Certificate of Occupancy No. Z34054 Dated November 5, 2009, Certificate of Occupancy No. 34029 Dated October 22, 2009, Certificate of Occupancy No. Z-33826 Dated July 10, 2009, Two Pages of Property Record Card, Seven Pages of Deed to Property Recorded November 12, 2009 by Suffolk County Clerk's Office, Survey of Property Showing as it Exists Dated September 9, 2009 Prepared by Nathan Taft Corwin III Land Surveyor, Floor Plans ofB & B Showing Owner's Space, B & B Space & Proposed B & B Expansion Dated January 28, 2010 Prepared by North Fork Permits. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/12/10 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6382 Perrin, Donna & Scarola, Frank & Donna 2239 $250.00 MAR I 2 2010 So~thol~ ~'ow. Cleri $250.00 NEW ENGLAND BARNS INC. · PO ~ox 1447 MA'I'FITUCK, NY 11952 2239 Date ~7,~/254 Dollars Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/12/10 * * * RECEIPT * * * Receipt~: 74154 Transaction(s): 1 1 Application Fees ' Check#: 2239 Reference 6382 Total Paid: Subtotal $250.00 $250.00 Name: New, England Barnslnc P O Box 1447 Maffituck, NY 11952 Clerk ID: CAROLH Internal ID: 6382 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 20t0 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on WEDNESDAY JUNE 30~ 2010: 11:15 A.M. FRANK and DONNA SCAROLA and DONNA PERRIN #6382. Applicants request a Special Exception under Section 280.f3B(14),. The Applicants are the owners requesting authorization to expand an Accessory Bed and Breakfast, accessory and incidental to their residential occupancy in this single family dwelling, from three (3) bedrooms to five (5) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 4850 Sound Ave., Mattituck; CTM 121-3-6. 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: Vic ki.Toth~,Town. Southold.n¥. us. Dated: May 27, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 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: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net June 1, 2010 Re: Town Code Chapter 55 - Public Notices for Wednesday, June 30, 2010 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 June 14th: 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 al.~l owners of property (tax map with properly 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 asses.sment 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 mailinq 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 durin,q the hearin.q, providinq the returned letter to us as soon as possible; AND not later than June 21st: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 June 22st: 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 or mail your Affidavit of Postin.q for receipt by our office before June 28th, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCAROLA/PERRIN # 6382 MAP #: 1 000-1 21-3-6 VARIANCE: SPECIAL EXCEPTION REQUEST: EXPAND B&B TO 5 BEDROOMS DATE: WED., JUNE 30, 2010 11:15 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. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 4~' 4 98 ~,,~,~'~ STATE OF NEW YORK) V,(' ) ss: / % COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 17th day of June, 2010. 7~,cc,,~ ~'~' Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUI'HOLD TOWN ZONING BOARD Olt APPEALS WEDNESDAY JUNE 30,2010 PUBLIC H~ARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings wilt be held by the SOUTHOLD TOWN ZONING BOARD OF AP- Road [20. Box 1179; Southold, New York 11971-0959, on ~ 9'30 A.M. MARy ZUPA Request for Variance from Code Sec- tion 280-14, based on an application for building permit to build a new single family dwelling in addition to an exist- lng marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to thc Bulk al is at less than the code required 80,000 sq, ft. of land. Location of Property: 580 Bain Rd., (adiacent to Southold Bay) Zone: R-80. (The Zoniv~ Board of Ap- peals, in its Decision g 5244 dated August 2, 2004, ~raated ~ applicant relief the 80,000 sq. ft. requirement to allow the construction of a new single family dwelling, however, thc grant was con- ditioned upon either the abandonment of the existing, legal non-conforming l~arina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming use to continue in conjunction with the single family dwelling - a permitted use. This application is being made to fulfill this condition.) 10.'00 A.M. JOHN J. ABELE #6386 Requesf for Variances from Code Sec- tion 280-10fA) based on an application for building permit and the Building spector's March 18, 2010, Noliee of Dis- approval concerning waiver of merger which states that the nonconforming lots shall merge until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R~0 Residen- with the adjacent property located to the south identified as SCTM #1000-79-4-41 at; 500 Harbor Lights Dr., Southold, NY. 10:15 A.M. SIM MOY #638,~, quest for Variances from Code Sections 280-124 & 280-116 based on an xpplica- tion for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval family dwelling, at (1) less than the code reqinred minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Little Pc- conic Bay and dug Inlet) #6387. Request for Variances from Code Section 280-116(A) based on ma applica- tion for building permit and the Build- ing Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCTMg1000-73-4-5. (adj. to Long Island Sound) 10~0 A.M. THOMAS and NANCY M. SPURGE g~380. Request for Vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's November 20, 2009, Updated Febraary 18, 2010, Notice of Disapproval concerning "as b~iit;; deck addition at less than the code required front yard setback of 35 feet ara 3273 Manhasset Rd., Greenport, NY. S~#100043-i-9. - ll:00A.M~ CHARLES MA'I~flNA tBELLMATr PROPERTIES. LLC~ #638L Request for Variance from Code Section 280-1~, based on an applica- tion for building permit and the Build- ing Inspector's March 1, 2010, Notice of Disapproval concerning deck additions at less than the code required front yard setback of 35 feet at; 545 Koke Dr., Southoid, NY. SCTM#1000-87-5-14~ SCAROLA aaa DONNA PERRIN g6382. Applicants request a Special Ex- ception under Section 280-13B(14),, The Applicants are the oWners requesting authorization to expand an Accessory Bed and Breakfast, accessory and inci- dental to their residen~I occupancy in this single family dwelling, from three (3) bedrooms to five (5) bedrooms for lodging and serving Of breakfast to the B&B casual, transient roomers. Location of Property: 4850 Sound Ave., Ma~tituck; Ll:30 A.M~ JOSEPH E GONZALES g6384. Request for Variances from Code Section 280-116 based on an application for biinlding permit and the Bniiding In- spector's Amended December 10, 2009, Updated March 9, 2010, Notice of Dis- approval concerning "as built" rear deck and existing sheds, at less than the code requfred setback from a bulkhead of 75 feet at; 2700 Ole Jnie Lane Mattituch, NY. SCTM#1000-122-4-14. (adj. to James Creek) 11:45 A.M. ALEXANDER L. and TRACY M. S~N ~638g. Request for Variances from Code Section 280-18 based on an application for building per- mit and the Building InspectoCs October 14,2009,Updated March 18,2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code required 80,000 square feet [or two lees at; 1160 North Bayview Rd., Southold, NY. SCFMg1000-78-9-54 & 7~. Zone: R-40. NOIAI~Y PUBLtC-S'fAI'E OF NEW YORk NO. 01WO6105050 Qooiifled in Suffolk County Carryover Hearings, continued from prior meetings and pending additioaal inforhiation: Adjourned from Public Hearing March 25, 2010: Adjourned from Public Hearing Feb- ruary 25, 2010: 53095 Main Road (Mailing/USing) -t ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name' of Applicants) CTM Parcel #1000- L'7--\ - .~ COUNTY OF SUFFOLK) STATE OF NEW YORK) ~"~ P,~U $¢ O~ AFFIDAVIT OF MAILiNGs X ~ ~ ~"~L/'7-'~ -, New York, being duly swom, 'depose and say that:' , ~ai~., I personally.mailed al: the UrdtedSta{~s?ost Office tn ~'~,e.\{~.. ,,;New York by CERTIFIED MAIL, RE. TURN RECEIPT REQUESTED, a true cepy .of the'aUached. Legal Notice i,3 prepaid., enveJopes addressed to current owners shown on the current assessmentmll vedfied frbm the official records on fie with the ('~'~{sors,'or (') County Real Propert~Office ' ' ' ' · ., for every .property which abuts and is 'across .a. public or private s.~eet_~._or vehicular right'of- Sworn to before me this' ~'~---- , (Notary Public) - VICKJ TOTH ' Notary .P. ublic,State'of New Yor~( _ r~o. 01T06190696 ' - k'~inSuffolkCal~.., ' · PLEASE list, on the back of this Affidavit or ona. sheet of paper, the Io.t' numbers next to the owner.names and addresses for'which notiCes were mailed. Thank yOU; : -'3- ?.~- ~o ~-' /o0% ~l ~uF~F~-~IAL USE ill ~EI~F~F'I~IAL USE r"m (Endorsement Requfl, e~ ~ . ~ ~ ~ ............................................... ~ ~ ~ ........................... .] ~ ~'~7 ..................... ~ ~.~:~,~. .................................................. ~ ............... t ~~;}AL USE ( E" d °Fr ~Umr ~ nRt eR~Puti~de~(Endorsement Required) ~~ Here ru~ Total Postage & Fees ~ Posbllark r"m Return Receipt Fee Here { ~ I r--1 (Endorsement Required) Restdcteq Delivery Fee ~ Restdcteq Delivery Fee Total Po~tage & Fees I ~ ..... I0~/0~2010 I~] (Endorsement Required) Sent TO C Sent To · y~:~!:,.-;.-; .................................................................. ~ {o~o'~o;~o." Po 'l~c, .)~.. I I.~.~ ...... I r,- ~E ]~i~,-yf~;~-~'- .......................................... f.~ ........... ...-,,.,-,,.- -- -- USE { ~ n $ $5.?1 0~//1 ~/0~2010 u-' Postage $ $0.61 07'/1 r--~ Return Receipt Fee $2,30 Here r-~ u- $5.71 06/0~/2010 · CO~ ~ 1, 2, and 3. Alao complete A. Slg~tum item 4 If Reetflcted Deilvee/la deelmcl. X THOMAS MARCHESE · Print your name and address on the reverse I-1Adclreesee · Attach thla cesd to the back of the mallplace, 1. AdlcleAddmeeedto: D. ledell~yaddme~dlffemntffomlteml? I-lyes if YES, enter delivery addreee below: [] No II !1 I 2. Arkie Nu~nber ~'~~e~ 7010 0290 0002 8969 0623 'Completoif~msl,2, and3. AJso~omplateltem. IfRest~ctedDellvefy.daslmd. i~m~'~!! I!~~1!!~ · Prfm your name and address on the reverse so that we can tatum the card to you. · Attach thla card to the back of the maJlplace, _, or on the front If space perm.. I. Art~e Addreeaed to: r addnms dlffe~'~t from fram 1~ ~o that we can retum ~e ca~cl to you. · Attach thla ean:l to the back of the mailpim~e, B. ~-(Fgtna~dNameJ~fi' -]C. Date of Dellve~l~ or on the fro~t If space permits. / 1. Artlcle Addressed to: D. ladeilv~yaddmaadlfferentfmmlt~ml? ~3Yes H,Lc bo o . [] Insured Mall [] C.O.D. 4. Reemcted De4k, e~ ~,~a ~ee) 2. Article Number cr~,~mae, v, ce~,,eee 7D~D D~0 0002 6q69 0661 PS Form 3811, Fe~rua~ 2004 Donmetlc Return Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- l -I COUNTY OF SUFFOLK) STATE OF NEW YORK) I,.~P'/fZ-{~/~t ~(~ff0 residingat '~;741~'--/./.{~-~X.J ~ ~[~ , New York, being duly sworn, de~se and say that: ~ On the~ ~ day of ~ ~O/O, I ~rsonall- -' ....... , - ...... r~ s V~acm tne 1o~ s official Poster, Mth the date of heating and nacre of my application noted ther~n, set.ely upon my pro~, located ten (10) f~t or closer from fl~e s~t or fi~t-of-Way (~veway entr~ce) - facing the s~t or hcing each s~t or right-of-way enhance;* and ~at [ hereby confirm that the Poster has rema/ned in place for sever[days prior to th/at date of the subject hear/ng date, wh/ch hearing date was shovm to be Sworn to before me this daY ~~, 20~ (Notary Public) VlCKI TOTH Notary Public, State of New York No. 01T06190696 Qualified in Suffo k,County Corem ssien ~o r~ Jt~ ~ ?~ ( *near the entrance or driveway entrance 0_f~y p:roper~y, asXhear~amo~t44sible4epassemby. · ,.C°mp.l.~. e_ Items 1.2, and 3. Also complete ~em 4 it Reat~ Dellv~ 18 desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the f~ont if space permits. I. Article Addressed to: t l 2. Article Number - cr, ar~er fr~ ~ce/a~e0 PS Form 3811, February 2004 · ~:ltems 1, 2, and &/tho complate 4 if Resblofed D~vely J~,ck~tm~: ~ · Print your name and eddre~ ~8-'~e'~'n~rso so that we can ratum the card to you. · Attsoh this oan:l to the back of the mailplane, 1. A~'ticle Addressed to: Po 'l~o~ 2. A~k~e Number - ~s F~ 3811. Fa~u~y 2004 D. ~dellveTacklre~dlfl~,mtmml~uml? myes If YES, er~:r delivery addmee betow: I~No r'm Ream ~ ~- t~ee~mdlee r ~ C.O.D. 9~90 696~ 2000 0620 DTDL Leslie Weissman Town of Southold Zoning Board Main Road Southold, NY April 20, 2010 RECEIVED Re: Scarola Bed & Breakfast 4850 Sound Avenue, Mattituck, NY. Ms. Weissman: We would like to request that the application for Zoning Board review previously submitted on the above-referenced project be moved forward to this month's meeting in order to meet opening day requirements for the summer 2010 season for this Bed & Breakfast. There are two existing rooms in the building already inspected by the Building Department. To these rooms we would like to add a full bath room in each bedroom, one half bath room in a common area adjacent to the two bedrooms, and a small bar sink in the common area. Plans are in your possession at this time and ready for review. Members of the Board have visited the site for earlier approvals. Anything you can do to expedite this process for us would be most appreciated. Thank you very much. Sincerely, Owner managers, Scarola Bed & Breakfast Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 July 21, 2010 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: ZBA # 6382, Frank and Donna Scarola and Donna Perrin Dear Mr. Gorman: Transmitted for your records is a copy of the Board's July 13, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. IlO