Loading...
HomeMy WebLinkAbout6453 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 R CEIV£D Tel. (631) 765-1809 · Fax (631) 765-9064 NL-~Q~ ///i'-~/~ ' 'PxR 2 4 2011 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2011 ~~. ~.~ $outlfold Town Clerk ZBA APPLICATION #: 6453 APPLICANTS/OWNERS: Robert and Joyce Barry PROPERTY LOCATION: 1855 Depot Lane Cutchogue, NY SCTM#1000-102-1-9.1 BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section280- 13B, subsection 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single-family dwelling, accessory and incidental to their residential occupancy. The proposed three (3) bedrooms for lodging and serving of breakfast to the B & B casual, transient roomers was created through the addition of an attached garage with unfinished attic and covered porch and other alterations to the applicants' existing one family dwelling under Certificate of Occupancy No Z34146 dated 12/23/2009. FINDiNGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. Joyce and Robert Barry, the applicants herein, are the owners of the property, located at 1855 Depot Lane Cutchogue New York Suffolk County tax map number 473889-102-1-9.l. It is improved with a single family dwelling as shown on the survey drawn by Nathan Taft Corwin 3rd Land Surveyor dated July 24, 2009. The owners will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated. 2. The applicant's plans comply with the on-site parking requirements and provide for five (5) parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s). 3. The applicant's comply with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 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. 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. The subject parcel is surrounded on three (3) sides by a farm and is approximately 80,100 sq. fi. in area with a principle structure of approximately 2770 sq fi. in size located well within the legal setback requirements of zoning code pertaining to this district. In addition the lot has several small accessory buildings including a horse barn and corral. Page 2 - March 16, 2011 ZBA Fileg6453 - Barry CTM: 1000-102-1-9.1 6. This accessory will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 7. No evidence has been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will not be adversely affected. 8. This zoning use is authorized by the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory use may be occupied. 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 Dinizio, seconded by Member Goehringer, 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, subject to the following condition; Condition: 1. Signs shall be located on the subject property indicating the location of guest parking and stating that cars are not permitted to back out onto the road That the above condition 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 nonconformiiy. Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, Schneider. This Resolution was duly adopted (4- 0}. Member Horning was absent. ~she Kane~s ~Ve~sman~ Chatrperson Approved for filing ,.~ /~/ /20I 1 / \/ ~oe~- Occo~ea BY ZBA SEE DECISION # ~q~--~ ~//~ / ~.J.L_. RECEIVED JAN 212011 BOARD OF APPEALS .1 0-o 4; IFINAL MAP REVIEWED BY ZBA RECEIVED JAN 21ZOll BOARD OF APPEALS JOSEPH FILE SURVEY OF LOT 1 MAP OF & BARBARA GRATTAN No. 11403 FILED JUNE 27, 2006 S£TUA TE CUTCHOGUE TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-102-01-9.1 SCALE 1"=$0' SEPTEMBER 8, 2007 NOVEMBER 25, 200B ADDED DRY BLDG. NOTE JANUARY, 25, 2009 STAKE FOUNDATION FEBRUARY 11, 2009 FOUNDATION LOCATION JULY 24, 2009 FINAL SURVEY AREA = 80,077 sq. ff. 1.858 ac. CERTIFIED TO: ROBERT J. BARRY JR. JOYCE N. BARRY WELLS FARGO BANK, N.A. STEWART TITLE INSURANCE COMPANY ./ / j)/ / LOTQ I I 1 PREPARED IN ACCORDANCE wrPrl THE MINIMUM STANDARDS FOR TITLE RECEIVED JAN ~ 1 2011 BOARD OF APPEALS THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corwin III Land Surveyor N,Y,S, Lic. No. 50467 PHONE (651)727-2090 Fax (651)727 1727 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 31, 2011 Dear Ms. Weisman: THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING RECEIVED FEB 2 ~011 BOARD OF APPEALS Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Sterling Harbor Inc. c/o Paul Pawlowski Folk, Daisy Rafferty, Pierce Barry, Joyce & Robert #6448 #6450 #6451 #6453 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 SOUTHOLD TOWN BOARD OF APPEALS Phone (631) 765-1809 Fax (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: mcs'txRD OF I (WE) hereby apply to the ZONING BOARD OF APPEALS, Southold, New York for a EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION mailingAddfe.~ss: 1~5 D~(h'~" ~E. Teleph.one: b~l-'7~'~ - Rq~q-'- - NOTE. If applicant is n& thc-oCmer, state if applicant is owner's attorney, agent, architect, builder, contract vondee, etc. Authorized Representative: Address: Telephone: . RECEIVED ~ JAN ~ 1 7011 APPEALS For the below-described property for the following uses and proposes (and as shown on the at~ached plan drawn to scale): (attach separate sheets if needed) Ao Statement of Ownership and Interest: ~J'~ ~, CO_ L~3(~' ~t~' is~(are) ~e q~e~s) ofpropg~ ~o~ ~&s;No.,~ ~a~et) identified on the Suffolk County Tax Maps as District 1000, Section , oCs) which is ot Os) on a subdivlsinn O iled "Ma , of Clff:o,t'3~a [-xZ'~V'~l~l (.~rO~F.,9/~ ' Filed Map No. Itil.c53 --,andhas been approved by the SoUthold Town Panning Board on ' [Minor] [Major] Subdivision). as a The above-described property was acquired by the owner on B, The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the snbject of this application is zoned '~."~ J ~q~L. and Dq is consistent with the nse(s) described in the Certificate of Occupancy(copy attached), [ ] is not consistent with the Certificate of Occupan0y being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) (Not~ Public) ' ' ZBA2 (rev. 2~06) (Signatu~)J ,20ti"" VICKI TOTH Notary Public, State of New York No. 01T06190696 Qua fled in Suffolk County Corflffil~sion Expires July 28. a~LICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~J'~ ~ CIL C~¥ Irc~ L For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared:__ RECEIVED JAN 2 1 2011 ,OARD_O. _A P PEA L$ II. New Construction Areas (New Dwelling or New Additions/Extensions): P~/OIN/~ 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: HI. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach ex~ sheet if nec~sary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: /V. 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: 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 RECEIVED/~/7~ .~ OF Is the subject premises listed on the real estate market for sale? Yes ~(' No Are there any proposals to change or alter land contours? ~No Yes, please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? NO 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? lq0 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ---'" Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? NJ 0 Please show area of the structures on a diagram if any exist. Or state none on the above tine. Do you have any construction taking place at this time concerning your premises? Iq 0 If ye~, please submit a copy of your building permit and survey as approved by the Building Department and please describe: -- Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Author/zed(.~gnat~ure and Date JAN 2 1 2011 APPLICANT/AGENT/REPRESENTATIV~OARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics t~rohibit~ conflicts ofi~terest on lhe oart of town officers and emelovees. The purpose of this form is to emvide information which can aleti the tuwn of oossible conflicts of interest and allow it to take whatever action is neceasarv to avoid same. , r~t name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.} NAME OF APPLICATION: ((~aeek all that apply.) Tan grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other 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 partaer~hip, in which the town officer or employee has even a partial ownership of(or employment by) a corporation ~n which the town officer or employee owns more than 5% of the shares. YES NO 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 thru person D ' escnbe the relationship between yourself (the appticant/agco ffrepresontative} and the town officer or employee. Either cheek the appropriate line A} through D) and/or describe in the space provided The town officer or employee or his or her spouse, sibling, parent, or child is [check all that apply): A) the owner of greater than 5% of the shams of the corporate stock of the applicant (when the applicant is a eoq~oration); 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 applieamt. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this -~, I day of ,~/F'K,~n ,-~ 200 II Office Location: ,Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11,971 http://southoldtown.north fork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 · Southold, NY 11971-0959 RECEIVED BOARD OF APPEALS Adcessory Apartment or Bed and Bre'akfa-~t with Owner-Occupan¢~ Names of Individuals or Parties H~'ving an Interest in the Subj'ect Premises and a description of their Interests: Name of the Applicant(s) and his/her Residence: check o~e or more boxes) { } Ten~ts wi~ Written Lease { } Te~ts wi~out Written ~e { ~} ~ent ~er {. } . con~act Vendees { } Propose~ Occup~ts/Residents ~der ~e S~ject Application { ] Residents N~: By not checking one or more of ~e ~ove, it is ass~ed that the c~rent ~cupants are not ten~ts wi~.a. ~itten or wi~out a ~itten lease, ~e not ~rent o~ers, ~e-not con~act vendees, are not proposed ~P~ts/Residen~s ~der the S~ject Applica~on,' ~d/or have a ~fferent residence. Is the subject premises listed on the real estate market for s_a%e or being shown to prospective buyers? (' } Yes AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ItftlEN 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 distric~ 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 Ownbr (if other than applicant): - 4) Address of Land Owner: 5) Description of Proposed Projeet: 3 ~a~c~ ~ ~q. ,~ ,.~r'-~,a~ .-~ . 6) Uocation of rop y (road and m map .umber): - ,Off -/- cf. / 7) ls the parcei within an agricultural district? [-]No ~es If yes, Agric~tural District Nt~nb~. _~' 8) Is this parcel actively farmed? [~No F'lYes 9) Name and address 'o~ 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 fi.om 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 51' / 6. (Please use back side ofpage if more than six property oWners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938or the Zoning Board of Appeals at 765-1809. (J ~Sqgn~-tu~'ofA~ica~t ' '/Date Note: ~'~ 1. The local board will solicit commehts fi.om the owners of land identified above in order to ¢0nsider the effect of the proposed action on their farm operation. Solicitation will be made b~ supplying a copy of this statement. 2, Comments returned to thc lo~al board will be taken into consideration ~s part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agxicoltuml Data Statement 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 cannot be acted upon by the board. 1q4-09 102,CO BLK LOT BETWEEN. Barbara Grattan, residing at 427 Oatrander Avenue, Riverhesd, New York 11901 ~/of me ~rst pail, a.d Robert Barry & Joyce Barry ~ ~ t-t~ ~-- residing at 875 West Cove Road, Cutchogue, New York 11935 RECEIVED BOARD OF APPEALS WITNE~, ~of ~'m f~r~y of ~m fi~ part, in ~ of T~ ~ a~ ~er ~t~ ~ns~ ~ ~ t~ ~ ~e ~ ~. ~ ~t ~ ~ un~ ~ ~ ~ ~ ~ ~ hMm ~ s~ ~ ~ ~ the ~ ~ ~ ~ ~ ~m~. A~ t~ C~ ploL ~ or ~ ~ la~, si~a~. ~ng.a~/~i ' '"':" SEE 8CHEDU~ aA" ~N~ED HER~O ANDantE A P~ H~EOF SAID premises being commonly ]u~own as, 1855 Depot Lane, Cutchngue, New York 11935. BEING AND INTENDED TO BE the same p~ernises as those conveyed to the grantor herein by deed dated Februai7 11, 2000 and recorded in I~e Sufto~ Courtly Clerk's Office on February 25, 2000 in Liher 12023 at page 4. AND the party of the first pa~l in compliance wt~ Scoff113 of, me L~.fi Law. cO~n ants. t~e t.t he,par~/of,the first ' r RECEZVED Title No.: 07-S-1049 ~HEDULE ' ,tuate I n am ben ~Cmcho u~ .theBOARD OF APPEALS ALLthatc~ainplot pi~orpa~lofl~,s' , y' g ' g g , ' Town of ~uthold, ~ty o f Suffolk No. I, as ~own m a *~in m~ entidM, "M~ oflo~ and Bn~a Gmt~n" aM fit~ in the Offi~ of t~ Cle~ of the Counly orSuffolk on June 27, 2~6 ~ Map No. 11403, i, hich said Iol is more pa~imlarly ~und*d ~d d~ri~ ~ follows: BEGGING at a point on ~* ~u~s'~dy side of ~t M~ the following two mu~s~ and dism~ lmm t~ ~r fom~ by fha int*~cllon of th* noahw~letly gd~ of S~l Home [~ne ~th the ~uthw~terly side of~t 1. North ~ dc~ 32 minutes 50 ~onds Wesk 146.59 feet; 2. No~h ~ de~e~ 32 minutes 19 ~onds West, 60.~ f~t Io the ~o ~int or pl~e of ~nnin~ RUinG THENCE Sou~ 46 deg~ 57 minut~ 30 ~on~ Wmt, 2~.92 f~t; THENCE No~h 40 de~ 32 minut~ 19 ~conds W~I, 300.29 feet; THENCE Noah 46 de~e~ 57 minutes 30 s~o~s ~l, 2~.92 r~ to t~ ~mhw~erly side of Depot THENCE South 40 degr~ 32 minul~ D~pol ~ne, 3~.29 f~l to fl~e point or place orBEG~G. AMENDED FORM NO · 4 TOWN OF SOUTHOLD BUILDING DEP~RTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED JAN 2 1 7011 BOARD OF APPEALS No: Z-34145 Date: 12/23/09 THIS CERTIFIES t~at the building INTERIOR ALTERATIONS Location of Property: 1855 DEPOT LA CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map NO. 473889 Section 102 Block 1 Lot 9.1 Subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 7, 2008 pursuant to which Building Permit No. 34286-Z dated NOVEMBER 10, 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 INTERIOR ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBERT & JOYCE BARRY (OWNER) of the aforesaid building. S~FOLKCOUN~[YDEPAR~EBT OF H]~%LTHAPPROB N/A CERTIFICATE NO. 4030551 09/25/09 C~RTIFICATION D~'I'If. LI 12/16/09 GARY STAHL Authorized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED, JAN 2 1 ZOl BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-34146 ~te: 12/23/09 THIS c~KTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 1855 DEPOT LA (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 102 Block 1 Lot 9.1 S%~bdivision Filed Map No. Lot No. CUTCHOGUE conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 16, 2008 pursuant to which Building Permit No. 34400-Z dated JANUARY 22, 2009 was issued, and conforms to all of the ~equirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS AND ADDITIONS, INCLUDING ATTACHED TWO CAR GARAGE WITH UNFINISHED ATTIC ABOVE AND COVERED PORCH, TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. · ~ne certificate is issued to ROBERT & JOYCE BARRY (OWNER) of the aforesaid building. SUF~DI~K ~[~l"f DEP~T~T OF ~TH ~PPRO%KAL R10-08-0099 EI~t-£KICAL CERTIFIC3%TH NO. 4030551 i~LU~ER~ CEi~TIFICATION DA'£~D 12/16/09 GARY STAHL 09/25/09 09/25/09 thmriz Rev. 1/81 FORMER OWI~ER L _~ ~ RECORD ~/~o o - ~'o~ - / ? TOW F SOUTHOLD PROPERTYCARD ~ OWNER / ' ~J~ Vil~ge ~T. SU"... LOT N /-~ E ACR~ ~ ~ ~. LAND IMP. SEAS. VL. FARM - TOTAL DATE COMM. CB. MICS. Mkt. Value 2._0o0 AGE NEW FARM Tillable- Woodland :Meadowland Total NORMAL Ac re // BUILDING CONDITION BELOW ABOVE Va~er Per Value c. FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~oo 102.-1-9.1 2/10 COLOR TRIM I st 2nd Fc3r 0oJ¢ {~ &l~,~ PC CB · Bldg. [LIi-L~- ~' / ~.~5 ~ Foundation ~c~ ~ Bath ~. ~ Dinette ~ FI~ ~ ~ FULL Extension I~ ' ~ ~ FO' Basement c~ ~ Floors s~a Extension ~ 10 ~l~:l~ ~ ~ Finished B. Interior Finish Extens(on Fire Place ~o~[~ Heat ,~ GJr~ge ~x~=&~l~ V~Y~w~ ~ [~ : ~ / ~ ). ~0 /~ E~ Ext. Walls BR. 0 ' ~ ~; ,~'~ff Foyer A.C, Laund~ /~ ~ 3 ~ Library/ O.B. 3POt /~ ~' '~) Study 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 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 21,2011 Zoning Appeal No. 6453 Transmitted herewith is Zoning Appeals No. 6453 of Joyce & Robert Barry - the Application to the Southold Town Zoning Board of Appeals for Special Exception. Also enclosed is the Applicant's Project Description, Questionnaire, Applicant Transactional Disclosure Form, Questionnaire for Bed and Breakfast, Agricultural Data Statement, Copy of Deed Barbara Grattan and Robert & Joyce Barry Dated September 28, 2007, Copy of Certificate of Occupancy No.Z-34145 for Interior Alterations to Existing One Family Dated December 23, 2009, Copy of Certificate of Occupancy No.Z-34146 for Attached Two Car Garage with Unfinished Attic Dated December 23, 2009, Copy of Joyce Barry's Driver License (Front and Back), Copy of Property Record Card (Both Sides), 2 Page Copy of Plans Showing Floor Plans, Copy of Survey Showing Existing Construction Dated July 24, 2009 Prepared by Nathan Taft Corwin III, Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 01/21/11 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees ReceiptS: 96900 Reference Subtotal 6453 $250.00 Check Total Paid: $250.00 Name: Barry, Robert J 1855 Depot Lane Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6453 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/21/11 ZBA # 6453 NAME BARRY, Joyce & Robert CHECK# 4754 AMOUNT $250.00 TC DATE STAMP R£C£1VED JAN 2 S =uthold Taw_ri. C!s:.~ 4754 ROBERT BARRY so-8~ 18/2214 JOYCE N. BARRY i ~ , 1855 DEPOT LANE CUTCHOGUE, NY 11935-1230 Date Order of_ , __~ ,.~ ~~ Dollars For 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.north fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 3, 2011 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 THURSDAY~ MARCH 37 2011: 10:15AM - JOYCE BARRY #6453 - Applicant request a Special Exception under Section 280-13B(t4). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 1855 Depot Lane Cutchogue, NY. SCTM#1000-102-1-9.1. 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 contact our office at (631) 765-1809, or by email: Vicki. Toth~.Town. Southold.ny. us. Dated: February 7, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 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: http://southtown.northfork.net February 4, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, March 3, 2011 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 February 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 alii 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 Southold Town Assessors' Office, 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin.q the hearing, providing the returned letter to us as soon as possible; AND not later than February 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along 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 February 23rd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before March 1,2011. 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. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BARRY, J. & R. #6453 MAP # 102-1-9.1 VARIANCE SPECIAL EXCEPTION REQUEST 3 Bedroom B & B DATE: THURS,MAR. 3, 2011 10:15 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 10138 STATE OF NEW YORK) ) 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 dayof February, 2011. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MARCH 3, 2011 PUBLIC HEARINGS NOTICE tS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoinng),Town of Southold, the following public hear- ings will be held by the $OUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY MARCH 3, 2011: 10:00 aaa.- PIERCE RAFFERTY ~151 - Request for Variance from Ar- ticle XXIII Code Section 280-124 and the Building Inspectoffs Janua~ 7, 2011 Notice of Disapproval based on an ap- plication ~or building permit to construct an addition to a single family dwelling at ? . ~, day of Building Inspector's December 9, 2010 Notice of Disapproval based on all ap- plication for building permit to construc- tion an accessory garage 1) proposed ga rage location is other than the code re- quired rea~ yard; at:2404 Camp Mineola Rd. Ext., Mattituck, NY. SCTM#1000- 122-9-7.20. 10.50 a.m. - J~.ROME and SANDRA MARTOCCHIA, JR. ~149 - Applicant requests a Special ExceptiOn under Art tide III, Section 280-13B(13). The Ap- plicant is the owner requesting authori zation to establish an Accessory Apart- ment in an accessory structure at; 67795 CR 48 Greenport, NY. SCTM#1000-33 11:15 a.m. - GEORGE and RUBY GA£FGA g6438 - Request for Vari- ance from Code Sections 2~0-13 (A)(1) and 280-18 and the Building Inspector's October 26, 2010 Notice of Disapproval based on an application for building permit to demolition and construct a new second single family dwelling at; 1) more than the code required one fam- ily detached dwelling, 2) less than the code required rear yard setback of 50 feet, ac 175 Laurel Ave., Southold, NY. 11:45 a.m. - DAVID J. VERITY 86452 - Requ~t for Variance .nder Article II Section 280-9 and the Building Inspec- tor's November 17, 2010 updated..lanu- ary 19,2011 Notice of Disapproval based 1) rear y~rd setback of less than the code requited 35 feet, 2) lot coverage of less on an application for Lot Re~gnition, than the code required 20% ~ at; Avenue. · whict~ states the identical lot was created B Fisliors Island, NY. SC'I3VI#1000~6-2-. ' by deed recorded in the Suffplk Cotmty 17,5. ' 10..1~ am,, JOYCE BARRY I~453 - Applicmit request a Special Exception under Sectioh 280-13B(M). The Appli- cant is the owner requesting authoriza- tion to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single- family dwelling, with three (3) bedrooms for lodging and serving of breaklast to the B&B casual, transient roomers. Lo- cation of Property: 1855 Depot Lane Cu- tchogue, NY. SCTM#1000-102-1-9.1. ' 10'30 a.m. - STERLING HARBOR, INC. ~6448 - Request for Variance from Code Article III Section 280-15 and the Clerk's Office on or before June 30,1983 and thc lot conformed th the minimum lot size se~ forth in Bulk Schedule AA as of date of lot creation. Eroposed lot is less than the code required size and said d~d was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM#1000~78-3-26. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Jan- nary 6, 2011: 1:00 p.m. - TK ALPHA, LLC. ~437 1'.30 p.m.- BENALI, LLC g6422 204.1. ©IARY RUBLIC-$'iATE OF NEW YORK No. 01 .vO6105050 [~uolllle~ tn ~ulfolk County Adjo~ from Pab~ Hea~g o~ce at (63~) 765-[~, or by e-mad: L~L~ ~N~ ~, ~hol~ ~kT ~17 TOWN OFSOUTHOLD ZONiNG BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS SCTMParcel# 1000- /~7o~ -t~/ ~/, / COUNTY OF SUFFOLK STATE OF NEW YORK I, ~-.~ residingat /~'~~ ~/)~, ~-~ NewYork, being duly sworn,-- v deposes and says that: On the ! / day ofjg~c~k.c~, 20 ti, I personally mailed at the United States Post Office in ~_ttj~_e a~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESa[IED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property 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. ~ ' (Sigrlatu~r~)- 0 Sworn to before me this/~) f' day of ,~/t~(~ ,20~[ (Notary Public) 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. 'Bo 1o¥ ~ R.x~o_o.~ .$ 12.80 $2.30 $0.00 __ $5.54: Postage Return Recep Fee (Endorsemem Required) Restricted Delive[~ Fee (Endorsement Required) Tota? Postage & Fees Postage r-1 Return Receipt Fee r-1 (Endorsement RequTred) ._[1 Total Postage & Fees Total Postage & Fee $~.~l ~ Total Postage & Fee Sent To u t~,,e]-,-~ ..... ~~_~_..ZU~.~ ................. 1 Res[ricted Delivery Fee (EndorSement Required) t2.80 $2.30 Total Postage & Fees ~ Postage ~).~ $2.3O t0.00 Total Postage & Fees $~. ~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number 7010 1670 0002 (Transfer from ~ B~ ~ec~ved ~y ( pnjnted f~) ]C.,OaO~of Dail~;ery D, Isdaiiveryaddmssdlffem~fr~nitem 17'~Yes I If YES, enter delivery address below: [] No ifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver/? (Extra F6e) [] Yes 1168 7102 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service ,~ceived by ( Printed Name) I C. ~ate ~f Delivery D. Is dellvay address diffemet flora Item 17 Yes If YES, en~r detivew address below: ~ No 3. ice Type ~c~i~;r.~l Mall [] Express Mail [] Red~temd [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) rl Yes 7010 1670 0002 1168 7072 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Name) 2, Article Number (Transfer from sen  3. ~ce Typ~ ~ Certified Mail [] Express Meil [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted D~ive~/? (Extra Fee) [] yes 7010 1670 0002 1168 7065 PS Form 3811, February 2004 · Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Article .~::ldressed to: [] Agent [] Addressee ~Printsd Name) C. Date of Delivery o','?-I t -/t D. Isdellve~ffaddmesdifforentfmmiteml? [] Yes If YES, enter delivery address below: [] No [] Express Mail [] Return Receipt for Merchendlse [] Insured Mail [] C.O.D. 4. Restrictad Delivery? fExb'aF'~l~e) DYes 2, Article Number crtanst~r~ms~ 7010 1670 0002 1168 704t PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent B. Received by (Printed Name) C. Date of Delivery D. Is deliver' address dJff~reet from Item 1 ? [] Yes If YES, enter delivery address below: [] No I~ Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number {Transfer from service Iai PS Form 3811, February 2004 7010 1670 0002 1168 7089 Domestic Return Recaipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and addreSS on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space pen'nits. 1. Article Addressed to: I/qOI 2, AntcleNumber 7010 1670 0002 1169 2694 PS Form 3811, February 2004 Domestic Return Receipt ( printed Name) of Delivery is delivery address different florn item 1 ? C3Yes YES, enter daiivery address below: [] No i43. _Se~dce'lyPe ~Certlfled Mail I-~ Express Mail r-I Registered [] Return Receipt for Memhandlse [] insured MaLl [] C.O.D. .. · Restricted DeliYery? (Ext~ ~ Yes · Complete items 1, 2, and 3. Also complete Sign~ure item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. Printed Name) · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Artiaie Number (Trar~sfer from se,~ Is ddhv~ edd~ss different from item 1 tf YES, 6nter deliver'/address baiow: 0 Agent [] Addressee Delivery [] No C1 Registered [] Return Receipt for Marc [] insured Mail [] C.O.O_. 4. Restr~=ted Daiivery? (Extra F~e) [] Yes 701016,70 0002 116~-7034 PS Form 3811, Fe!3rcary 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: r-I Agent ! ( p~nted Name) ). ts delivery address different from item 1~ If YES, enter dailve~ address below: [] No ~Certiffed Marl r-1 Exp~ss Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restflnted Dellve~? (F_.xtta Fee) [] yes 2. ArtiaieNumt~ 7010 1670 0002 1168 7096 ..... Domestic Return Flec p PS Form 3811, February 2004 _ TOWN OF SOUTHOLD ZON1NG BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name'of~pphcants)' AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- %1 COUNTY OF SUFFOLK) STATE OF NEW YORK) ~~~ residingat //~7~--~'r-~~~ _ , New York, being duly sworn, depose and say that: O , Onthe / 7 dayof~2011 , I personally placed the Towns Official Poster, with the date of hearing an~[.hature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to.the date of the subject hearing date, which hearing date was shown to Sworn to before me this Day of -~-; ~ ,201/ (Notary Public) d// (Sighat~urej ~_~ LAUREN M. STANDISH Notary Po ~]ic,~tat~, of Now York No. 01oT6164008 Qu~lihpd in Suffolk County C0mmi~¢ on Fxpirss April ,e * near the entrance or driveway entrance of my property, as the area most visible to passerby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 January 21,2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6453 Action Requested: Within 500 feet of: Owner/Applicant: Barry, Joyce & Robert Special Exception - B & B ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 March 17, 2011 Robert and Joyce Barry 1855 Depot Lane Cutchogue, NY 11935 Re: ZBA # 6453 Dear Mr. & Mrs. Barry: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our March 16, 2011 Meeting. Before the Bed and Breakfast is occupied by guests, you must obtain the final Certificate of Compliance for Bed and Breakfast occupancy from the Building Department. If you have any questions, please call the office. Sin~erelF;~. Zoning Board Assistant Encl. cC: Building Department 18.1 IO.2AIC) NOTICE SOUTHOLD 1000 SECTION NO 102 PROPERTY MAP