Loading...
HomeMy WebLinkAbout6449 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 $outhold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 15, 2011 ZBA Application No. 6449 Applicants/Owners: Jerome and Sandra Martocchia Property Location: 67795 County Road 48 Greenport New York Parcel No.: SCTM 1000-33-3-17 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 11,2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. 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 other evidence, the Zoning Board finds the following facts to be true and relevant: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13B(13) to establish an Accessory Apartment in an existing accessory building. PROPERTY FACTS/DESCRIPTION: The properly is 34,111 square feet with 176.45 feet along Middle Road (CR 48). The property is improved with a single-family two-story residence, and three accessory buildings, as shown on the December 16, 2010 survey by Peconic Surveyors P.C. The dwelling has a Pre- Existing Certificate of Occupancy of record dated August 8, 2004 under Certificate of Occupancy #30369 confirming that the one family dwelling with accessory garage and 2 accessory wood frame buildings was built prior to April 9 1957 and a valid CO issued prior to 1/1/08. The owner resides in the existing single- family dwelling as the owners' principal residence. ADDITIONAL INFORMATION: On May 24, 2011 the Town Board passed Resolution No. 2011-4515 changing the wording of Code Section 280-4-13B(13)(f) to read "The accessory structure which is to be converted in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid Certificate of Occupancy issued prior to January 1, 2008." Page 2- June 15, 2011 ZBA File#6449 - Martocchia CTM: 1000-33-3-17 FINDINGS OF FACT: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 280-13(B)(13) to establish an Accessory Apartment in an accessory structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the first floor of a single story accessory structure, 2. The owner of the premises will occupy the two (2) story principal dwelling on the subject property and the qualified tenant will occupy the accessory apartment located in the accessory structure. The applicants submitted a notarized statement dated March 16, 2011 stating that the occupant of the proposed accessory apartment will be their niece, and a copy of a lease agreement between himself and his niece dated March 15,2011 3. The accessory apartment will occupy 676 square feet of livable floor space of the accessory structure, as shown on the drawing labeled "Martocchia House As Built" number AB sheet 1 of 1 stamped by Adam C. Volosik, Registered Architect dated Sept 21, 2010. This is well over the minimum code requirement of 450 square feet. 4. The accessory apartment will not exceed the code limit of 750 square feet of livable floor area and it will be located on one floor of the single story accessory structure with only one (1) full bathroom. 5. The applicants' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the site plan by Peconic Surveyors P.C. dated December 16, 2010. 6. The proposed accessory apartment is the only accessory apartment located on the parcel. 7. No Bed and Breakfast facilities, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which this accessory apartment is authorized. 8. The accessory apartment will meet the requirements of an apartment as defined in section 280-4 of the zoning Code which states" an apartment created in a presently existing one-family dwelling unit or accessory structure". 9. This conversion shall be subject to a building permit, inspection by the Building inspector and renewal of the Certificate of Occupancy annually. 10. The existing structure which is converted to an accessory apartment has a valid Pre-Existing Certificate of Occupancy dated August 8, 2004 which states that the one family dwelling with accessory garage and 2 accessory wood frame buildings existed prior to April 9, 1957. 11. The existing buildings on this premise comply substantially to the zoning code as described in the Pre- existing Certificate of Occupancy issue on August 8, 2004. Certificate of Occupancy number Z30366. 12. The conversion for the accessory apartment, shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, Page 3 - June 15,2011 ZBA File#6449 - Martocchia CTM: 1000-33-3-17 adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the principal single- family dwelling unit, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, or order of the Town would be adversely affected. 4) The special exception is authorized under 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 Apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Homing, seconded by Member Dinizio, it was RESOLVED, to GRANT a Special Exception for an Accessory Apartment, in conjunction with the applicant's single-family residence, as applied for. 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), Horning, Goehringer, Dinizio, Schneider. j_~ution was duly adopted (5 -0). Leslie Kanes Weisman, Chairperson Approved for filing ~2 ///7 /2011 ~c~o' o lv SURVEY OF PROPERTY A T GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-33-03-17' SCALE: 1'--40' Dec. 16, 2010 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. AREA=34,111 SQ. FT. or 0.783 ACRES '~CON~C S~OnS, P.C. (~SO 7~-~0~0 :~X (~SO 7~-~9~ P.O. BOX 909 1250 TRA~LER S~EETI DECK I ~ I I B.~ rH I I I ~ I BEDROOM I I~ ] LIVING ROOM m REFRIG- KITCHEN -- m I FIRST FLOOR PLAN · 1/4·=1,.0. , POURED CONCRETE SLAB ON GRADE 2. FOUNDATION PLAN MASONRYCHIMNEY · WOOD GABLE VENT · ASPHALT SHINGLE ROOFII · PTD. WOOD TRIM CEAR SHINGLE SIDING I "X4" PTD. WOOD TRIM ~ 'X4" PTD. WOOD TRIM ~VIN DOW TYP. EXPOSED MASONRY FOUNDATION 3 SOUTH ELEVATION 4. ~.~TH ELEVATION EAST ELEVATION 6. WEST ELEVATION TOTAL LIVABLE FLOOR AREA: 676 SQUARE FEET ADAM C. VOLOSIK ARCHITECT RELEASES Martocchia House RECEIVED ~o^.~ o~ ^~^~s Rt 48 Gteenport, NY DRAWING NAME: AS BUILT Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 11,2011 RECEIVED JAN i 4 2011 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 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 impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Goggins, William C. and Donna M. Estate of Irene Rutkowski Price, Mary Ann Martocchia, Jerome and Sandra Municipal File Numbers #6444 #6445 #6447 #6449 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 TELECQPIER (631) 8534044 RECEI'VED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION ACCESSORY APARTMENT IN AN ACCESSORY BUILDING JAN 0 6 2011 ~OARD OF APPEALS Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s), Parcel Location: House No.~O"I'J~ Street Hamlet SCTM 1000 Section q"¥1>5~%~lockOOO3 Lot(s) O I-] Lot Size ,~ Zone District hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ ,SECTION for the following uses and purposes (project description): as shown on the attached survey and/or site plan drawn to scale, and the attached floor plan(s) drawn to scale. A. Statement of Ownership and Interest: '~10t~/,. t~ ~,e~C(~ '~ ~ 5/¥'~I q ~s (are) the owner(s) of property known and referred (House No., Street, Hamlet) identified on the Suffolk County Tax Uaps as District l000, Section ~'~9"~ ,Block ~ , Lot ~) !"'l , and shown on the attached deed. The above-described property was acquired by the owner on ~ ~ ~t.,~9~- ~1~ 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 properly or persons in the neighborhood for the following reasons: C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located in the accessory building. 2. The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owners' principal residence. The other dwelling unit shall be occupied by a family member or a resident who is currently on the Town of Southold Affordable Housing registry and is eligible for placement, evidenced by a written lease for a term of one or more years. 3. The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. 4. The accessory apartment shall not exceed 750 sq. fi. of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. 5. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached survey and/or site plan drawn to scale. 6.Not more than one (1) accessory apartment shall be permitted on this parcel. 7. No Bed and Breakfast facilities, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 8. The accessory apartment will meet the requirements of an apartment as defined in Section 280-4 of the Zoning Code. 9. This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. 10. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008, and is attached hereto. 11. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. 12. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. The property which is the subject of this application is zoned ~-~- b~) and [)0] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits and Certificates of Occupancy for these chhnges, which are attached or will be furnished. [ ] has been subject of a prior ZBA decision(s), copies are attached. COUNTY OF SUFFOLK) SS.: STATE OF NEW YORK) Sworn to before me this c~c}'~th day of~~'~ (Notary Public) ,2010 BO/~,RD OF/x, ppEg, L$ CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffolk County Commission Expires April 14, APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics ombibits conflicts of interest on the oart of town officers and emotovees. The Dm'pose of this form is to orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action necessary to avoid same. (Last name, first n~rne, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other NAME OF APPLICATION: ICheek all that apply.) Tax grievance Building .~! Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other {If"Other". name the activity.} Do you personally (or through your company, spouse, sibling, parent, or child] have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, in which the town officer or employee has even a partial ownership of(or employment by) a coq~oration in which the town officer or employe~.~Tm, xore than 5% of the shares. YES If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D} and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent or child is (check all that apply): __A] the owner of greater than 5% of the shares of the corporate stock of the applimnt (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 RECEIVED JAN 6 2011 BOARD OF APPEALS Form TS 1 Submitted day of ~ 200 Signature Central Office W A Harriman Campu.~k Albany NY 12227-01~ Satisfaction of Judgment E-025724575-$ MARTOCCHIA-JEROME A JR MARTOCCHIA-SANDRA M 67795 ROUTE 48 GREENPORT, NY 119~°2248 Commissioner of Taxation and Finance Judgment Creditor JEROME A MARTOCCHIA JR AND/OR SANDRA M MARTOCCHIA ~galn~t Judgment D~btor Warrant ID: E-O23724573-WO01-6 Date Warrant Filed: 5/4/10 In the Sum of: $1,087.30 In the County of: SUFFOLK A warrant having been filed on the above date in the office of the clerk of the above county by the Commissioner of Taxation and Finance against the judgment debtor for the above sum and the said warrant having been wholly paid or satisfied, and it being certified that there is no execution for this warrant outstanding in the hands of the sheriff of any county of the state of New York; Therefore, satisfaction of said warrant is hereby acknowledged and the clerk is hereby authedzed and directed to satisfy and discharge the same. Commissioner of Taxation and Finance Date 11/05/10 By ~ Deputy Tax Commissioner Attention taxpayer: Satisfaction recorded on: 10/19/10 This is a copy of a Sa#sfaction of Judgmentfiled with the county clerk's office on the date indicated above. Retain this notice for your records. It is not necessary for you to take any further action. If you have any questions, call (518) 457-5434. in-state callers without frae long distance call 1 800 835-3554. Hotline for the Hearing and Speech Impaired - If you have a headng or speech imP~rment and have access to a telecommunications device for the deaf (TDD), you can get answers to your New York State tax questions by calling toil free (from anywhere in the U.S. and Canada) 1 800 634-2110. Hours of operation are from 8:30 a.m. to 4:15 p.m., Monday through Friday. If you do not own a TDD, check with independent living centers or community action programs to find out where machines are available for public use. D'rF- 979 -TP(2/IO) MNPO003515 2992115 ~'RTOCCHIA Units PER D1EM 10.00 SSN p~y pe '.~ To D~ts To Date Deductions Current CAd Year Fis Year Cm.~t Cai year Fis Year Pa}, Period To Date To Date FICA 83.70 451.98 451.98 FEDERAL 0.00 0.00 0.00 CITY 0.00 0.00 0.00 MEDI STATE TRS Tolnis Pay Period To Date To Date 19.58 105.73 105.73 37.55 184.93 184.93 40.50 218.70 218.70 181.33 961.34 961.34 ~ CAPITALONE BANK iExempflom FED: M4 STATE: M4 ~ CITY: 0 Pa~, Period 1,168.67 Additional Retirement 0.00 'IRS 0.00 0.00 No. Tier Contract 2055669 4 0.00 Pa~' Period Gross Pa}' I~g,,~i~n~ Net Pa}' Direct Deposit Check Amount 181.33 1,168.67 1,168.67 0.O0 Check Totals 1,350.00 PAY GREENPORT UNION FREE SCHOOL DISTRICT PAYROLL ACCOUNT 720 FRONT s'r~EET GREENPORT, I~Y 11944 **NON-NEGOTIABLE - DIRECT DEPOSIT STUB ONLY** SANDRA M MARTOCCHIA 67795 ROUTE 48 GREENPORT 11944 54043 8 05/28/10 $ *******.00 ~ VOID AFTER 60 DAYS BUII/)ING DEPARTMENT ~/~ [ ~ ~ffice of the Building Inspecto~ ToWn Hall Southold, N.Y. pRE EXISTING CERTIFICATE OF OCCUPANCY ~te: 0~8/17/0~ DDn~T.T,TNG (STREET) Block 0003 GREEN'PORT (HAMLET) Lot 017 crt. forms s~tially to ~ Reqni~"~"ts for a O~ F~ILY D~LLING ,. ~lt p~or to ~RIL 9 1957 ~t to ~ =~mi~ OF ~ ~ Z- 30369 ~t~ A~ST 17t 2004 was issue, ~d confo~s to all of the re~re~nts of the applic~e p~visions of the law. ~e oc~p~cy for w~ch t~s certificate is is~ is O~ F~ILY D~LLING ~ AC~SSORY ~GE & 2 ACCESSORY W~D ~ BUILDINGS* ~ ce_vtificate is issued to _EDGAR V BURT of the aforesaid building. uu~m3LK COu~rf I~P~~T~T OF HEAL~ APPROVAL *pLRASE SEE ATTAC~]~D INSPECTION REPORT. N/A _ N/A N/A Rev. 1/81 BOARD OF AppEALS BUILDING DEPARTMENT TO~N OF SOUT~OLD HOUSING COD~E INSPECTION REPORT ~ V BURT ~ OF ~= WILLIAM PRICE, AT'fY 7/8/04 I~T~: 08/17/04 1.0 DESCRIPTION RECEI ,JAN BO/~RD OF SEC. /ED ~ Z0!1 ~PPEALS CONSULT YOUR LAWYER SEFOR~NING THIS iNSTRUMENT-THIS INSTR~D BE USED BY LAWYERS ONLY THIS INDENTURE, made the Sm day of October, 2006 BETWEEN ELIZABETH MAIN residing at579 Hill Street, Southampton NY 11968, Party of the first part, and dEROME MARTOCCHIA, dR. and SANDRA MARTOCCHIA, husband and wife, both residing at 77 Southfield Road, Baiting Hollow NY 11933, DiS. 1000 Sec. 033.00 Blk. 03.00 Lot 017.00¢ Party of the second part, WlTNESSETH, that the party of the first pa~ in consideration of TEN DOLLARS AND 001100 .... ($10.00)***** lAND OTHER GOOD AND VALUABLE CONSIDERATION dollars paid by the parbj 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, at Greenport, County of Suffolk and State of New York, bounded and escdbed as follows; BEGINNING at a point on the Northerly side of North Road, distant 478.00 feet, more or less, Westerly 'om the corner formed by the intersection of the Northerly side of North Road and the Westerly side of McCann Lane; THENCE South 69 degrees 00 minutes 00 seconds West, along the Northerly side of Norlh Road, 176.45 feet to land now or forme~y of CK Development of NY Inc.; THENCE North 14 degrees 43 minutes 20 seconds West, along last mentioned land, 201.20 feet to land rtow or formerly of Sal Cajole and Benny Calola, Jr.; THENCE North 69 degrees 05 minutes 00 seconds East, along last mentioned land, 164.88 feet to land now or formerly of Beverly Hallock and Cornelia C. Keogh; THENCE South 18 degrees 00 minutes 40 seconds East, along last mentioned land, 200.00 feet to the )oint or place of BEGINNING. BEING AND INTENDED TO BE the same premises described in Deed to the Grantor herein dated /19/2004 recorded 9/22/2004 at Liber 12344 cp 7'12. I'OGETHER with all dght, title and interest of the party of the flint 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 convents that the party of the first part has not done or suffem'd anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of tine frst cart in ~mc.,a~=e '*:", Sectcn 13 of the Lien Law, covenants that the path/of part will receive t~e cons ,~erato~ for -- s .~_.'-,e.,a"=e e~2 ,¢.;:; hold the right to rece.~e s.;n cc~s':;e'a: fund to be appi;~ for -= =~?csa -' ca. = .-e :cs: ~¢ re ?-2rc..eme?: -'; -22: r RECEIVED IN PRESENCE OF EUZAB~I MAIN TO BE USED ON~i)INHEN State of New York, County of SUFFOLK THE ACKNOWL--n~M;;NT I$ MAU~ IN NI=W YUI~ ~ ! .~ I I= OntheSth day of October in the year 2006 before me, the undemigned personally appeared E:/17ABETH MAiN personally known to me or preyed to me on the basis of name is subs~bed to the wffhin instrument and acknowledged to me ~at she executed the same in her capacity, and that by her signature on the insth~nent, the individual or the pemon upon behaJf of ss: State of New York, County of ss: O~ the day of in the year before me. the undersigned personally appeared personally known to me or proved to me on the basis of Safisfacto~/evidence to be the individual(s) whose name(s) is (are) subecdbed to the within instrument and acknowledged to me that he/she~ executed the same in his/her/~heir capacily(ies), and that by his'herltheir signature(s) on the instrument, the individual(s) or the person upon behalf of which the individ~.a,~t~;u[e~e insbumenL (signature and ofl~ Notary Pubilc whish the individual(s) acted, executed the instrument. of iodividul I th~ acknowtedgment) (signature and office of individual taking the acknowledgment) / t STEPHEN P SPANBURGH Notary Public - State of New York No.01SP4906864 Qualified in Suffolk County My Commission Expires Oct. 5, 2009 TO BE USED ONLY WHEN THE ACKNOWI.ED~MFNTS IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me o~ lfle basis of satisfactory evidence to be the individual(s) whose name(s) is (are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thei capacity(ies), and that by his/her/lheir signature(s) on the instrument, the individual(s), or the person upon behalf, of v/n[c! the individual(s) acted, executed the instrument, and that such individual made such appearance before the ~.r,d~rs ~ed ~: the (insert the City or other political subdivision) (signature and office of individual taking ac~mowte~cjment) BARGAIN AND SALE DEED WITH COVENANTS AGAJNST GRAHTOR'S ACTS T'~e No. 64t-S-03t97 SECTION BLOCK LOT COUNTY OR TOWN SuffolldSouthold STREET ADDRESS RECEIVED ELIZABETH MAIN TO JAN JEROME MARTOCCHIA, JR. and SANDRA MARTOCCHIA, husband &wife BOARD OF APPEALS :L:-._~ -= · ~ SAFE HARBOR TITLE AGENCY Southold NY 11971 1529 Main Street Port Jefferson, NY 11777 (Reserve this space fo~ r~:o~lir~J ofr~) TOWN OF SOUTHOLD pROPERTY RECORD CARD OWI~FR STR[ET /27 7~'~-5 VILLAGE ~[ST, SUg, LOT , , ~ S~S. VL. FA~ COMM. CB. MISC, Mkt. Vqlu~ N~V NO~AL ~W ABOVE F~' Acre Value Per Volue T~l~able 3 Woodl~d House Plot DEPTH ~ ~ 0 ~ Total j ,t:" · J [ DOCK Extension Porch Porch Breezeway :~Orage ~?.~atlo TOt01 COLOR TRhM. Foundation / ~ement Wadis Fire Place Type R~-~o~f IRecreotion Room Dormer Driveway Bath F~oors nterior Finish , Heat Rooms 1st Floor Rooms 2nd 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 F~rx (631) 765-6145 Telephone 1631) 765-1800 southoldtown.northfbrk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 13,2011 Zoning Appeal No. 6449 Transmitted herewith is Zoning Appeals No. 6449 of Jerome & Sandra Martocchia - the Application to the Southold Town Zoning Board of Appeals for Special Exception Accessory Apartment in an Accessory Building. Also enclosed are the Applicant's Transactional Disclosure Form, Copy of Jerome A Martocchia Jr. Drivers License, Copy of Pre Existing Certificate of Occupancy, Copy of Housing Code Inspection Report Dated August 17, 2004, Copy of Deed Between Elizabeth Main and Jerome & Sandra Martocchia Dated October 5, 2006, Copy of Survey Showing Property as it Exists Dated December 16, 2010 Prepared by Peconic Surveyors, Copy of Plans for Accessory Apartment Showing Elevations and Floor Plans Dated September 21, 2010 Prepared by Adam C Volosik, Architect. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 01/11/11 * * * RECEIPT * * * Receipt#: 96535 Transaction(s): 1 1 Application Fees Reference Subtotal 6449 $400.00 Check#: 1570 Total Paid: $400.00 Name: Martocchia, Jerome A 25 Middleton Rd Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6449 16 March 2011 From: Jerome MarLocchia I, Jerome A Martocchia, state that, Karissa Martocchia, is the daughter of my brother Anthony Martocchia. She is my neise and intends to rent the assessor apartment located at 67795 rte 48 Greenport, NY, 11944, when all required permits and approvals are complete. Signed, Jeror Martocchia RECEIVED MAR ] $ 2011 BOARD OF APPEALS OU~U~ED ~N SU~:O~K COUmY ~ ~ RECEIVED Net Lease ~AR 1 5 201~:d ~/¢ ~ 1. Names This lease is made by Jerry and Sandy Martocchia (Landlord) and Karissa Martocchia (Tenant). 2. Premises Being Leased Landlord is leasing to Tenant, and Tenant is leasing from Landlord, the following premises: Assessory Apt. in Assessory Bld 67795 RTE 48 Greenport, New York 11944 3. Term of Lease This lease begins on May 1, 2011 and ends on May 31, 2012. 4. Rent Tenant will pay rent in advance on the first day of each month. Tenant's first rent payment will be on May 1,2011. Tenant will pay rent of $1 per month for the entire term of the lease. Rent will remain the same for the entire term of the lease. 5. Option to Extend Lease Landlord grants Tenant the option to extend this lease for an additional year on the same terms. Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. To exercise this option, Tenant must give Landlord written notice on or before April 1, 2012. 6. Improvements by Landlord Tenant accepts the premises in "as is" condition. Landlord need not provide any repairs or improvements before the lease term begins. 7. Improvements by Tenant Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent, which will not be unreasonably withheld. At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any damage caused by attaching the items to or removing them from the Net Lease-- Page I of 5 premises. 8. Tenant's Use of Premises Tenant will use the premises for the following business purposes: Use as appartment Tenant will also use the premises for purposes reasonably related to the main use. 9. Landlord's Representations Landlord represents that: A. At the beginning of the lease term, the premises will be properly zoned for Tenant's stated use and will be in compliance with all applicable laws and regulations. B. The premises have not been used for the storage or disposal of any toxic or hazardous substance and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substance from the property. 10. Utilities and Services Tenant will pay for all utilities and services, including water, electricity and gas. This includes the electricity or gas needed for heating and air conditioning. 11. Maintenance and Repairs A. Tenant will maintain and make all necessary repairs to: (1) the roof, structural components, exterior walls and interior walls of the premises, and (2) the plumbing, electrical, heating, ventilating and air-conditioning systems. B. Tenant will clean and maintain (including snow removal) the parking areas, yards and exterior of the premises so that the premises will be kept in a safe and attractive condition. 12. Insurance A. Tenant will carry fire and extended coverage insurance on the building in the mount of at least $0; this insurance will include Landlord as an additional insured party. B. Tenant will carry public liability insurance, which will include Landlord as an additional insured. The public liability coverage for personal injury will be in at least the following amounts: · $0 per occurrence, and Net Lease -- Page 2 of 5 · $0 in any one year. C. Landlord and Tenant release each other from any liability to the other for any property loss, properly damage or personal injury to the extent covered by insurance carried by the party suffering the loss, damage or injury. D. Tenant will give Landlord a certificate of insurance covering all insurance policies that this lease requires Tenant to obtain. 13. Taxes A. Tenant will pay all real property taxes levied but not assessed against the premises during the term of this lease. B. Tenant will pay all personal property taxes levied and assessed against Tenant's personal property. 14. Subletting and Assignment Tenant will not assign this lease or sublet any part of the premises without the written consent of Landlord. Landlord will not unreasonably withhold such consent. 15. Damage to Premises A. If the premises are damaged through fire or other cause not the fault of Tenant, Tenant will owe no rent for any period during which Tenant is substantially deprived of the use of the premises. B. If Tenant is substantially deprived of the use of the premises for more than 90 days because of such damage, Tenant may terminate this lease by delivering written notice of termination to Landlord. 16. Notice of Default Before starting a legal action to recover possession of the premises based on Tenant's default, Landlord will notify Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given or mailed to Tenant. 17. Quiet Enjoyment As long as Tenant is not in default under the terms of this lease, Tenant will have the right to occupy the premises peacefully and without interference. 18. Eminent Domain This lease will become void if any part of the leased premises or the building in which the leased premises are located are taken by eminent domain. Tenant has the right to receive Net Lease -- Page 3 of 5 and keep any amount of money that the agency taking the premises by eminent domain pays for the value of Tenant's lease, Tenant's loss of business and for moving and relocation expenses. 19. Holding Over If Tenant remains in possession after this lease ends, the continuing tenancy will be from month to month. 20. Disputes Ifa dispute arises, either party may take the matter to court. 21. Additional Agreements This lease is subject to the approval of the ZBA and building apartment issuance of proper permits. With out said permits this agreement in nul and void. 22. Entire Agreement This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 23. Successors and Assignees This lease binds and benefits the heirs, successors and assignees of the parties. 24. Notices All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered: · in person · by certified mail, or · by overnight courier. 25. Governing Law This lease will be governed by and construed in accordance with the laws of the state of New York. 26. Counterparts This lease may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties. 27. Modification This lease may be modified only by a written agreement signed by the parties. Net Lease -- Page 4 of 5 28. Waiver If one party waives any term or provision of this lease at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this lease, that party retains the right to enforce that term or provision at a later time. 29. Severability If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable. LANDLORD Dated: Je~ ~ d cchia 67795 Greenport, New York 11944 TENANT Dated: By: Karissa Martocchia 67795 Rte 48 Greenport, New York 11944 Net Lease -- Page 5 of 5 No. 01PA6214745 Qualified In Suffolk County My Commlstlon Expires Decembe; 21, 2013 BOARD OF APPEALS I / BOARD MEMBERS Leslie Kanes Weisman. Chairperson James Dinizio Gerard E Goehringer George Horning Ken Schneider Southold Town Hall 53095 Main Road · RO. 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 SOUTI-IOLD 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 3~ 2011: 10:50AM - JEROME and SANDRA MARTOCCHIA~ JR. #6449 - Applicant requests a Special Exception under Article III, Section 280-13B(t3). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 67795 CR 48 Greenport, NY. SCTM#1000-33-3-17. 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 emaih Vicki. Toth(~,Town. Southold.n¥.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 1197t-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://sout htown.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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MARTOCCHIA~ JR.~ J. & S. #6449 MAP # 33-3-17 VARIANCE SPECIAL EXCEPTION REQUEST Accy. Apartment in Accy. Bldg. DATE: THURS, MAR. 3, 2011 10:50 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 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 17m day of February, 2011. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOW3N ZONING BOARD OF APPEALS IHURSDAY MARCH 3, 2011 PUBLIC HEARINGS 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 will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 119714)959, on THURSDAY MARCH 3, 2011: 10:00 a.m.- PIERCE R3d*FERTY g6451 - Request for Variance fxom Ar- ticle XXIII Code Section 280-124 and the Building Inspector's January 7, 2011 Notice of Disapproval based on an ap- plication for building permit to construct an addition to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of less than the code required 20%. at; Avenue B Fishers Island, NY. SCTM#1000-6-2- 17.5. 10:.1~ ant. - JOYCE BARRY g~453 - Applican~ request a Special Exception under Section 280-13B(i4). 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 breakfast to the B&B casual, transient roomers. Lo- cation of Property: 1855 Depot Lane Cu tchogue, NY. SCTMgl000-102-1-9A. ' 10'.30 a.m. - STERLING HARBOR, INC.//6448 - Request for Variance from Code Article III Section 280-15 and the Building Inspector's December 9, 2010 Notice of Disapproval based on an ap- plication for building permit to construe tion an accessory garage 1) proposed ga- rage location is other than the code re- quired rear yard; at: 2404 Camp Mineola Rd. Ext., Mattituck, NY. SCTM#1000 122 9 7.20. 10:50 a.m. - J]~ROMIg and SANDRA MARTOCCHIA, JR./16449 - Applic. ant requests a Special Exception under Ar- ticle II1, Section 280-13B(13). The Ap- plicant is the owner requesting authori zatinn to establish an Accessory Apart merit in an accessory structure at; 67795 CR 48 Greenport, NY. SCTMg1000-33 3 17. 11:15 a.m. - GEORGE and RUBY GAFFGA g6438 - Request for Vari- ance from Code Sections 280 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 ~m- ily detached dwelling, 2) less than the code required rear yard setback of 50 feet, at: 175 Laurel Ave., Southold, NY. 11:45 a.m. - DAVID I. VERITY g6452 - Request for Variance under Article II Section 280-9 and the Building Inspec- tor's November 17, 2010 updated Janu ary 19,2011 Notice of Disapproval based on an application for Lot Recognitinn, which state~ the identical lot was created by deed recorded i~ the Suffolk CoUntry ' Clerk's Office on or before June 30,1983 and thc lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation. Proposed lot is less than the code required size and said deed was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM#1000-78-3-26. Carryover Healings, continued flora prior meetings and pending additional information: Adjourned from Public Hearing ilan- ua~y 6, 2011: 1:00 p.m. - TI{ ALPHA, LLC. g~437 1-30 p.m.- BENALL LLC #6422 day of pUBLIC-S'IATE OF NEW YORK No, 01 .'dO6105050 ,Auol!![led Ir~ Sutfolk County Adjouraed from Public Hearing Feb- 2ill0 p.m. - MARY ANN PRICE #6447 The Board of Appeals will hear all before the conclusion of each hearing designated above. Files are available for you have questions, please contact our office at (631) 765-1809, or by e-math _Vicki.Tot h~Town. Sout hold.nv, us. Dated: February 7, 2011 ZONING BOARD OF APPEALS LESLIE KANES I~EISMAN, CHAIR- PERSON BY: Vi*fid Toth 54375 ~ RoM (O~fi~ Lo~ltlon) 53095 Maill ROM (I~.ili~/IJSPS) P.O. Box 1179 Southold, NY 11971-0959 ~3~:lT 2/17 TOWN OFSOUTHOLD ZONiNG BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: On the ~ % day of ~fO ,20 I ! I personally mailed at the United States Post Office in ., New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree 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 at, is across ~ public or private street, or vehicular right-of-way of record, surrounding{th{ applicant s property. ' [,/ (Signature) Sworn to before me this (Notaryl fbffc) CARCX. HYD~LL NOTARY PUBUG - STATE OF N~IRW YORK NO. 01HYeISg~6 OUAL~tED IN SUF:FOCK~_~ COMMI~ION EXPIRFM~ 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. 133 ~0.88 $0,00 $5,'28 O944 a- t0.88 0944 rr'l Codified F $~. 80 1::3 ......................... Fee $2· 80 $2.3, /o~m $0.00 '~ $2.80 $2.30 Total Postage & Fee= $~, ~ 0944 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) · Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) _, New York, being duly sworn, depose and say that: Onthe ]~ dayof ~:~"'~ ,2011 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing dat vas shown to be Sworn to before me this ,~Day of ~c'-~: 201 I (Notary Publi~) ' (Signature) CAROL HYDELL NOTARY PUBLIC - STATE OF NI~'~ NO. 01HY6189695 QUALIFIED IN SUFFOLK CO[~ ~--'~ COMMISSION EXPIRES 06/¢JO/2{},..,J ~ * near the entrance or driveway entrance of my property, as the area most visible to passerby. Fm:MyFax - Bluewater Irrigation and Lawn Care To:ZBA: Attn Vickle (16317659064) 16:34 04126111GMT-05 Pg 01-01 To Whom It May Concern: We have no problem extending a ZBA decision on our application until after August 15, 2011. Sincerely, Jerome and Sandra Martocchia 67795 Route 43 Greenport, NY 11944 RECEIVED APR ~, ? 2011 BOARD OF APPEALS 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 January 7, 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 #6449 Action Requested: Within 500 feet of: Owner/Applicant: Martocchia Special Exception - Accessory Apartment in Accessory Building (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) 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 Southold Town Hall 53095 Main Road · RO. 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 June 17, 2011 Jerome and Sandra Martocchia 67795 Route 48 Greenport, NY 11944 Re: Special Exception #6449 Dear Mr. & Mrs. Martocchia: Transmitted for your records is a copy of the Board's June 15, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy o£ this determination to the Building Department. If you have any questions, please call the office. Sincerely,~ Vicki Toth Encl. Cc: Building COUNTY OF SUFFOLK Real Property Tax Service A ~"~ SOUTHOLD SECTION O33