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Home My WebLink About6490 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED 1'. 7 AUG 5 2011 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 $outholo ?own ¢icrk ZBA APPLICATION #: 6490 APPLICANTS/OWNERS: Peter and Cheryl Castiglione PROPERTY LOCATION: 2500 Peconic Lane Peconic, NY SCTM#1000-74-3-24.2 BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section280- 13B, subsection 14 of the Zoning Code, to operate an as built Bed and Breakfast within their existing single- family dwelling, accessory and incidental to their residential occupancy under the Building Department's Certificate of Occupancy - z7869 dated Sept. 1, 1977. The existing 4 (four) bedroom for lodging and serving of breakfast to the B & B casual, transient roomers was originally created by a prior owner through a Zoning Board of Appeals Special Exception for three bedrooms granted on February 25, 1987. ADDITIONAL INFORMATION: The Board received a letter dated July 29, 2011 from a neighbor in favor of the application. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 4, 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 111, 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. Peter and Cheryl Castiglione, the applicant(s) herein, are the owners of the property, located at 2500 Peconic Lane in Peconic, NY. It is improved with a two and half story framed dwelling with a detached accessory building as shown on the survey prepared by Roderick Van Tuyl, PC dated May 18, 1976. The owners/applicants will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated. 2. The applicants plans comply with the on-site parking requirements and provide for six parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedroom(s) 3. The applicants complies 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. The subject property has been operated by various owners as a B&B for many years without adverse incident. Page 2 August 18, 2011 ZBA File#6490 - Castiglione CTM: 1000-74-3-242 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried to GRANT ~ the Special Exception permit for an Accessory Bed and Breakfast, to be used only in conjunction with the applicants-owners residence, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Bed and Breakfast operation shall not exceed four (4) bedrooms for guests. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural 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 expressIy addressed in this action, The Board reserves the right to substitute a similar design that is de minirais 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. Thi~s~lution was dul~ adopted (5 -0). Leslie Kanes Weisman, Chairperson Approved for filing ~ /c~o~ /2011 IFINAL MAP - IREVIE~ ED BY ZBA RECEIVED JUN 2 4 Z011 BOARD OF APPEALS 06/22/201~ 1~:00 6~17~??I ~E 0~ MerrHIL chCr$ it Cot · tion DEBORAH ~OTY ESe A AREA CALCULATIONS SUMMARY TOTAL LIVABLE [ro~n..ded) 3766 ;INAL MAP REVIEWED BY ZBA ~EE DECISIONI~It RECEIVED ] JUN 2 ,t ?(]il BOARD OF APPEALS LIVING AREA BREAKDOWN /~ree$ ?o~l (rounded) 3766 ~?~770 01 · ~ IREVIEWED BY ZB.A ~ RECEIVED JUN ~ 4 ~Qtl BOARD OF APPEALS COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 28, 2011 SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: RECEIVED JUL 1 2011 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 Penney #6484 Radigan #6485 Beime #6486 Shamgar Capital 'LLC (Buttacuco) #6487 Macco #6489 Castiglione #6490 TRK:ds Very truly yours, Sarah Lansdale 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 ACCESSORY BED and BREAKFAST IN EXISTING DWELLING APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: JUN 2 4 2011 Application No. Date FiI~OARD OF APPEALS App~a~t(s), Parcel Location: House No.~O0 Street~eC~CC L~¢ Hamlet SCTM 1000Section ~q Block~_~ Lot(s~. Z LotSize "ZoneDistrict hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING DRDINANCE, ARTICLE 111, SECTION for tile fo[lowing uses aod purposes: 280 ,SUBSECTION 13(B)14 as shown on the attached survey/site plan drawn to scale. A. State~nent of Ownership and interest: r-'~[{~f '~ ~/'1~ ~"'1/'' ~+1'~~]'~ is (are)the owner(s) of property known and ref~ed (House No., Street, Hamlet) identified., -°n the Suftblk County Tax Maps as District 1000, Section ~ ~ , Block Lot ~, and shown on the attached deed. The above-described property was acquired by the owner on g~< ~ aa ,~. 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 confo~s to the standards prescribed therelbre in said ordinance and would not be detrimental to property or persons in the neighborhood lbr the lbllowing C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: ~' 1. The accessory B&B will be located only in the principal dwelling. v 2. The owner of the premises shall occupy the existing single-family dwelling unit as the owners' principal residence. ~/3. A smoke alarm shall be provided on each floor and in every guest room. A fire safety notice shall be affixed to the occupied side of the entrance door of each bedroom for B&B use indicating: 1) means of egress, 2) location of means for transmitting fire alarms, if any; and 3) evacuation procedures to be ibllowed in the event ora fire or smoke condition or upon activation ora fire or smoke-detecting or other alarm device. No sleeping rooms for B&B use shall be located above the second story. The dwelling shall have at least two (2) exits and there shall be a window to code to provide emergency egress in every sleeping room tbr B&B use. Means of egress shall include at least one of the tbllowing alternatives: 1 ) A portable escape ladder that attached securely to the sill, shall be provided lbr second story rooms for B&B use, constructed with rigid rungs designed to stand off from the building wall, it shall be capable of sustaining a minimum load of 1,000 pounds, and shall extend to and provide unobstructed egress to open space at grade, 2) an exterior stair per code, 3) or limited area sprinkler system per code. There shall be no exterior signage identifying the use as a Bed and Breakthst in residential areas. No accessory apartment, as authorized by Section 280-13(B)(14), shall be permitted in or on premises for which a Bed and Breakthst is authorized or exists. ~ This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Compliance annually. · "9. The existing building, together with this Bed and Breakfast, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. ~10. This conversion for the Bed and Breakfast 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 sukiect of this application is zoned BO and ['~] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or recei'~cd additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. COUNTY OF SUFFOLK) STATE OF NEW YORK) SS.: ~ (Sig2~re) ~ t Sworn to before me this ~ k.~ day of ~,J'-~.,/l~[.~ ,20 / / · (Notary Public) VIC~ ruTH ~ Pu~ic.~ ~ N~w ~ No 01T06190696 ~ Qualified in ~ffOIk ~un~ / ~mmission ~pires July 28, ~ JUN 4 ZO11 BOARD OF APPEALS OPLICANT'S PROJECT DESCRIPTIO~ (For ZBA Reference) Applicant.'~o.~ q_~..,~o,~]~_dk~ri~\\~3¼~... Date I. For Demolition of Existing Building Areas Please describe areas being removed: ,~ ~ II. New Construction Areas (New Dwelling or New Addit.io~s ensions) Dimensions of first floor extension: ~J ~t Dimensions ofnew second floor: -' -- ~ (.~ -- Dimensions of floor above secon~ level: ~ ,/k) J _ Height (from fmisbed ground to top ofri~e): Is basement or?west floor area being constmcte--~? If yes, nlease "~o,,~,~,, ~.~2-~. measurea Irom natural existing grade to first floor- r ~ ~,- ,,~,gm (above ground) 1II. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary). Please describe building areas: Number of Floors and General Character/sties BEFORE Alterations: _ Number of Floors and Changes WITH Alterations: ~ -- IV. Calculations of building areas and lot coverage (from .qurgevor): 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 descri.be the land contours (fiat, slope %, etc.) as exist and h it relates to the difficulty in meeting the code requirement(s): ~./,y~ ow Please submit seven (7) photos, labeled to show ali 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 JUN ~ 4 2011 BOARD OF APPEALS O__ffice Location: ,T~,n Annex/First Floor, North Fork ~Jl~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 M?ling Address: 53095 Main Road P.O. Box 1179 · Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) "/65-1809 Fax (631) 765-9064 RECEIVED JUN 4 2011 BOARD OF APPEALS QUESTIONNAIRE Adcessory Apartment or Bed and Bre'akfa-%t with Owe_er-Occupancy Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: Name of the Applicant(s) and his/her Residence: N~es of C~rent Residents/Occup~ts of ~e S~ject Praises: C~rent Oc~p~ts ~e: (please check one or more ~xes) { ) 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 without a written lease, ~e not ~rent o~ers, ~e. not con~act vendees, are not proposed Oc~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 sale or being shown to prospective buyers? .~<} Yes { } . Kut~drzzed Signature and Date QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Ist~e subject premises listed on the real estate market £or sale? /X Yes No x_there any proposals to change or alter land contours? No Yes please explain on attached sheet. Are there areas that contain sand or wetland grasses? /') ~ , ~i} Are those areas shown on the survey submitted with this application? ~J/~I 3.) Is the property bulk headed between the wetlands area and the upland building area? ~[) 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ]~] 0 Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of_proposed construction at or below five feet above mean sea level? 1[~ ~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ]LJ[~ Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises?~MIf yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pm-certificates of occupancy and certificates of occupancy for the subject premises. If any arelacking, 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. Please list present use or operations conducted at this pa~rcel ~ and the proposed use /.~ ~ gl/YIO[ ~ l'~K443~L'['~' · (ex: exist~g single family, proposed: same with gm'age, pool or other) A-utho~-~d signature and Date RECEIVED JUN 2 4 2011 BOARD OF APPEALS PROJECT ID NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only SEQR PART 1 - PROJECT INFORMATION ( To be compleled by Applicanl or Project Spenser) 1. APPLICANT / SPONSOR, 12. PROJECT NAME 4. PRECISE LOCATION: Street Adde~ aA Read In~'se¢l~. Pr~rnl~en~ landmarks etc -er i~ovlde mai) 6. DESCRIBE PROJECT BRIEFLY: RECEIVED JUN 2 4 2011 BOARD OF APPEAL 7. AMOUNT OF LAND AFFECTED: Initiaay ~/'.~ _~'~:~acres Ultime ely 4/~ ,.~ ~]'~o O ~cres 8. WILL PROPOSED ACTION COMPLY WITH EXJSTING ZONING OR OTHER RESTRICTIONS? [] Yes [] No If no, describe bdefly: HAT tS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as ma~y as appfy.) Residential r--lindustdal [~'lC~mm~r.a, [~gric~Jl~re I--1PerklF~resllOpeaSpace ~-~Other(desc~be) 10. ~OES ACTION NVOLME A ~RMIT AI~PROVAL, OR FU~NG, ~W ~R ~T~LY FROM ANY O~ER ~R~ENTAL A~ (~, ~ 0r L~I) ~ yes, I~t ~en~ ~ ~d ~ i ~l~ Il. DOES ANY~_.~PECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 1~e$, AS A LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVfDED ABOVE IS TRUE TO THE BESI' OF MY KNOWt-EOOE If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment FOrm before proceeding With this assessment PART II - IMPACT ASSESSMENT ('To be co,mp!e,ted by Lead Agency) C. ~LD A~ RESULT IN A~ ~ESE ~reecl ~ ~S~IA~D WffH THE FOLLOWING; (~m ~y be ha~n~ ~ ~) Cl, ~1~ ~ qual~, s~ ~ g~ndwa~r qu~ ~ query, n~e ~v~s. ~ls~g ~ ~ffem. ~ ~ste ~U~ Or dis~ 1 I ~Yes DNo E. tS~TH~.Yes OR~S NoTHE ~ U~Y TO' BEt ~OV~Y ~TED' TO ~T~ ~V~ E~I~NNS~ IMPACt?' ff ~ ~6~,.": Name e~ Lead Agency Date Tllle of Responsible Officer Print or Type Name of Respo~sible Officer in Lead Agency Signature of Resp6nslbte Officer in Lead Agency S~gnature of Preparer (if different from responsibte oTfscer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO LrSE THIS ~ORM: The form must be completed by. tl~ app 'lwant for any special use perrMt, site l~n .appro~td, tt~e variance,..or subdivision approval on prope~rty within an agric~,_!~tt~tl distri~ OR within 500 feet Of alarm optrati~n located in agricultural districL All applicationS requiring an agticuitttraldata statement must bt referreit to the Suffolk County Department of Planning in accOrdance with sedtio~s 259~ tn ttnd 23~,n of the Get~eral Mu~icipal l~a~ 2) Addr~s of Applicant: on. ~o~ ?°~°'~! ( g ~ ~ /~c,~,.~, c 3) [qame of LandOWner (if0thef than applioant): 4) Addresg of Land OWner:. 5) DesctiptiOt~ 0 f PropOsed ~oj ect:. ,]~ ~) Location'of Pr0pe~ {road and tax map number): 7) Is thc parcel within an agricultural district7 [ JNo~es If yes, Agricultural District Number / ~8) Is this p~rcel actively farmed? [~No EYes 9) Name and address 'of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. [Information may be available through the Town Assessors Office, ToWn Hall location (765-1937) or from any public computer at the Town Hall locations by Viewing the parcel numbers on theTown of Southold Real Property Tax System. Name and Address . . 4. 5. 6, (Please use back side of page if m~re than mx property owners are identified,) Thc lot numbers may be Ob~aincd~ i~,adVanec, when rcqdcstcd from the O~cc of the 'Planning Board at 765- 1938 or th/~Z0ning B~d of App~ls at 765-1809. ~{gaature of Applicant Da-~ lqote: l. The local boatd will ~oli¢it comraen~ ffoin the owners of land identified above in order to mn.Sider the effect of the proposed action On theft farm Ol~aatien~ Solicitation will be made.by aupplying a copy of this statement. 2. C~mment~ returned ~o the local board will be taken into oonsid~tigo as part of the overall review of thi~ application. 3. Thc clerk to the local board ~ responsible for sending cop~es of the completed Agfienltural Data Statement to the property owners identified above, Thc cost for rtmiling shall be paid by the applicant at thc time the application is submilted for review. Failure to pay at such tiroe means the application is not complete and cannot be acted upon by the board. 1-t4419 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vrohibits conflicts of thterest on the part of town officers and employees. The ourpos~ of this form is to orovide information which can alert the town of vossible conflicts of interest and allow it to take whatever action necessary to avoid same. (Last name, hrst name, d~ldle initial, unless you are applythg 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: ¢Check 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 fit"Other", name the activity. I ~/'~ ~ ~ Do you personally/or through your company, spouse, sibling, parent, or childl have a relationship with any officer or employee of the Town of Southold? Relat onsh'p" 'ncludes by b ood. marr age, or business ~n erest. "Business nterest" means a business, including a partnership, in which the town officer or employee has even a partial ownership ol,(or employment by) a corporation in 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 ~e~ fi~ Title or position of that person Describe the relationship between yourself (~he applicant/agent~representativel 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 applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-cor0orate 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 JUN 2 4 2011 BOARD OF APPEALS Form TS 1 Submitted tJ~s.t2~da.gpf ~'~/'o ~- 06/12/2011 17:~6 6317652B0'P~ CQRCE~N ~ PAG~ 06117 JUN 2,~ 2011 BOARD OF APPEALS 86/22/2811 16:00 86/12/2~11 17:45 DEBORAH DOTY ESQ Q3~]RAN NF PAGE 12 PAG~ 07/17 C. erliJicate C)J RECEIVED JUN ~ 4 20~/ F~ BOARD OF APPEALS 65' DEBORAH DOTY ESg PAge SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Inatr%%ment: DEEDS/DDD Receipt Number : 05-0090670 TRANSFER TAX NUMBER: 05-04305 District: section: Block: 1000 074.00 03.00 EXAMINED AND CHARGED AS FOLLOWS Deed ~ottnt: $999,000.00 Received the Following Fees For Above Instrument Raco~ded: 08/29/2005 At: 02:55:38 PM LIBER= D00012406 PAGE: 302 LOt: 024.002' page/Filing $12.00 NO Handling $5.00 COE $5.00 NO NYE SRCHG $15.00 EA-CTY $5.00 NO ~A-STATE TP-984 $5.00 NO Cert. Copies $0.00 RPT $30.00 NO SCT~ Transfer tax $~,996.00 NO Corm.pres $16,980.00 Fees Paid $21,128.00 TRANSFER TAX NDM~ER: 05-04305 T~IS PAGE IS A PART OP THE INSTRUMENT THIS IS NOT A BILL Exempt NO NO NO NO NO Edward P.Romaine County Cl~rk, Suffolk Coua%ty RECEIVED JUN 2 4 201{ BOARD OF APPEALS 0B/22/2011 1B:00 DEBORAH DOT¥ ESQ PAGE 86 Number of pages'/ TORRENS Sub Total Deed / Mortgage Tax Slamp FEES Real property Tax Service Agm#ey V~ification 05034062 ~.ooo 07400 osoo o~4oo~ Saris factions/Discharges/Kelcases List Property Owners Mailin ~,~ -,/)~.b L~..5 q,~..,. Suffolk This page forms part of thc atlached r,'r~ os-o4.~:~ RECEIVED Rec°rding / Filing Staml~ I N Morro,ge Amt. __BOARELOF APPEALS 2 Additlonal Tax TOT MTG TAX Transfer Tax Mansion Tax will be improved by a one or lwo family YES__or NO Co~uniW Pre*~alion Fund gacanlLand Title Company Information Co. Name Title # (SPECIFY TYPE OF INSTRUME~ ) The l:a-emises herein is situated in SUFFOLK COUNTY, NEW YORK (} TO , In thc Towmhjp of ,~.. , BOXES 5 ~ ~ST BE ~m OR P~D ~ B~CK m OmY P~OR TO ~O~mO OR FILING. mad~ by: 0B/22/2011 1B:00 BHl?34Y?82 DEBORAH DOTY ESQ PAGE 87 (erin 8002 -- Bargain and Sale Deed, with Covenant against CreAtor's Acts -- Individual or Corporation ($thgle Sheet) CONSULT INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. I," RECEIVED THIS INDENTURE~ made the 22n~ day of AUGUST. in the year 2005 BETV EN JUN 2 4 2011 DAVID k. CARBONELL AND ELLEN LEON CARBONELL, RESIDING AT ~500 PECONIC LANE PECONIC, NEW YORK BOARD OF APPEALS par~ies of the first pa~t and PETER CASTIOLIONE and ffnx'~'Y'L~2ASTIOLTOIff]5, residing at ]04 Hampton Boulevard, Massapequa, New York 117,58 parties of the second part, WITNESSETIrI, that the parties of thq first part, in consideration of b l0 ~ -- dollars paid by the par~y of the second part, dee~ hereby grant and miess~ unto the parties of the second part, the heim or successorS and assigns of the party of thc second part forever, ALL that certain plot, piece or pamel of land, with the buildings and improvements thereon erected, situate, lying andbeing Peeethc, Town of $outhold, County of Suffolk, New York, bounded and described as follows: BEGINNII~G at a point on the F.~mfly side of Pecodic Lane, distant 140.0 feet Southerly as measured along the Easterly side of Peconic Lane, from the point where the Southwesterly side of land nov/or formerly of K~ialvsl0 intersects the Easterly side of Peconic Lane: RUNNING THENCE along lands of James H. Rich Estate, the following three coumes and dlstanees: 1. North 55 degrees 26 minutes 40 seconds East 290.40 feet: 2. South 34 degrees 33 minutes 20 seconds East 150.00 feet; 3. South 55 degrees 26 minutes 40 seconds West 290.40 feet, to the Easterly side of Pecodic Lane; THENCE North 34 degrees 33 minutes 20 seconds West, along the Easterly s~ida of Peconie L.~ne, 150.00 feet to the point or place cfBEGINN[NG~ I~EING AND INTENDED TO BE the same premises ~lescfibed in the deed to the parties of the first p.~i,t herein by deed dated February 1, 2002 in Libor 12169 page 582, TOOETI'-IER with all right, title and interest, if any, of the parties of the first part in and to any streets and roads abutting theabove described premises to the center lines thereof: TOGETFIE~ with the appurtenances and ail the estate and rights of the parties of the first part in and to said premises; TO HAVE AND TO ~OLD the premises herein granted unto the parlies of the second part, the heirs or successors and assigns of the parties of the second part forever. AND the parties of the first part covenants that the parties of the hrst part has not done or suffered anything whereby the sa~d p~emises have been encumbered in any way whatever. except as aforesaid. AND the parties of the first part, in compliance with Section 13 of the Lien Law, covenants that the parties of the first part will receive the consideration for this conveyance and will hold the fight to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of fl~e total of the same for any other purpose. The word "party" shall 17~ ¢onstreed as if it read "parties" whenever the sense of this indenture so requires. 0B/22/2Bll 16:00 6317347702 DEBORAH DOTY ESQ PAGE 08 1N WITNESS WHEREOF, the party of the first part hax duly executed this de~l the day and year first above written. IN pILESENC~ OF: ELLEN LEON CARBONELL RECEIVED JUN 2 4 2011 BOARD OF APPEALS 86/22/2811 16:80 6317 ~02 DEBORAH DOTY ESQ PAGE 89 STATE OF NEW YORKi CO0~TY OF SUFFOLK On the 27d day of AUGUST in the year 2005. before me, the undersigned, personally appeared DAVID A. CArGiLL and ELL~ LEON CARBON~L. pemonally known to me or proved lo me on thc basis of safisfacto~ evidence to be the individuals whose namas arc subscribed to the withth insn~ment m~d acknowledged to me that they executed the ~ame in their capaci~es, and that by tl~eir si~amres on the instrument, the individuals, or the ~r~ ~ behai [ o[ which the thdi~duals) aet~, ~x~uted JOHN L, Q]A~ELU STATE O~ , COUNTY OF On the day of in the year , before me. the undersized, a Notary Public in and for ~d Sta~e, pe~onflly appmred , thc subscrtbing witness to the foregoing instrument, -with whom I am personally acquainted, who, heine by me duly swum, did depose and say that he/sbelthey reside(s) in (if thc place of residence is in a city, include the street and street number if any. thereof): that he/she/flmy know(s) to be the individual described in and who executed tbe foregoing instrument; that said subscribing witness was present and saw ,said execute thc same: and that said witness at Ihe same time subscribed his/h~/their name(s) as a wimeas thereto ladd the fo[lowing if the acknowledgment is taken outside NY State] and that smd subscribing witness made such appearance before the tlndcrsigned in the (insert Bargain and Sale Deed WITH COVENANT AGAINST GRANTOR S ACTS DAVI'D A, CARBONBLL a~ ELLEN LEON £ ARBONELL ~' TO PETER CASTIGLIONE AND CHERYL~3 ...,., ~ CASTIGL1ONE the city or other political subdivision and the State or country or other place the pre, of was h'tken). On the clay of in the year before me, the undersigned. personally appeared pemonally known to me or proved tn me on the basis of satlsfactory evidence to be the individual(s) whose name(s) ia (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in is/her/their capaclty(ies), and that by hiffhcr/tbeir signature(s) on the inm:rument, the ndividaal{s), or the person On behalf of which thc individual(s) acted, executed the instrument [add the following if the acknowledgment is taken outside NY State} and that said individual made such appearance before the undersigned in thc (thseri' thc city or other political subdwision and the State or country or other place the acknowledgment was taken). STATE Ok' , COUNTY OF On thc day of in the year · before me personally came to me known, who, being by mc duly swum, did depose and say that he resides at that be is the of the corporation described in and which executed the foregoing instrument; that he knows {he seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by llke order. SECT[ON 074.00 BLOCK 03.00 LOT 024.002 COUN~ OR TOWN PECONIC, COUNTY OF SUFFOLK RETURN BY MAIL TO: RICHARD LONGWORTH, ESQ. , 45 McCouN LaNE ~ ~ OYS'rER BAY, NEW YORK 11771 RECEIVED JUN 2 4 2011 BOARD OF APPEALS 06/22/201i 16:88 63173477~ 17:46 6317B52607"" DEBORAH DOTY ESQ COF~'OR~ NF FORM NO, 4 PAGE 18 PAGE (HOUSE ~0. ) (SI~U~T) Tax Ma~ Mo. 4T~8~ ~ti~,mi 74 ,-- ~io~ 3 ~ ~4.'~ ~i1~ ~= ~s ~ ~t~ ~TOBER l~r 2009 ~ ~i~icate ~.~ iss~ to ~ J a C~. JUN 2 4 ~011 BOARD OF APPEALS Known as TOWN OF SOUTHOLD Fire Safety Standards CERTIFICA'TE OF COMPLIANCE~- HOMEPORT B&B Name of Place of Assembly Conducted as BED AND BREAKFAST Place of Assembly Located at PECONIC LANE Address PECONIC TOTAL 8 Village MAXIMUM OCCUPANCY (Allowed Capacity) SUFFOLK County Is in compliance with the requirements of NYCRR 9B sec. 1012.4. New York State Uniform Fire Prevention and Building Code, and the ordinances of the Town of Southold applicable thereto and rules adopted thereunder. Expiration is one (1) ye/a~)om date of issue. OCTOBER 2005 _ ,_ ( 2 ~ Code Inspector Date of Issue This notice must be posted by the main entrance at all times ~t www.lipower.ora 24 Hours/Day- 7Days/Week PiN Number F67644 ''ne a n 're Monday- Fdday, 8 AM - 8 PM 1-800-490-0025' outside toll free area 1-631-755-6000' *Automated Services available JJ4 Hours/Day- 7Days/Week Electric Service Problems 24 Hours~ay 1~ Days/Week 1-800-490-007E, 1-800-490-0085 Hearinq or Speechlmoaired 1-631-755-6660 Report Theft of Service 1-631-755-6871 SERVICE P & C Castiglione 2500 Peconic La Peconic NY 11958 LIPA A Non-Pr~flt Munidpal Electric Utility Bill Date Customer ID Nexll Meier Readina 1/18/2011 ~ On or about 02/12/11 Amount Due $ 313.19 BILLING SUMMARY E~alance From Previous Bill Payment(s) Received Through 01/06/2011 - Thank Youl LIPA Current Charges Please Pay By 02-10-11 $ 206.38 -206.38 313.19 $ 313.19 IMPORTANT MESSAGES Send $223.00 instead of $313.19 and you will be automatically enrolled in our Balanced Billing Plan that will spread your yearly cost over 12 months. Your monthly budget amount will be $223. LIPA's approved 2011 Operating and Capital Budget will reduce overall bill costs by 2.2%. As of January 1, the first phase of a reduction in overall biff costs for 2011 is in effect. LIPA is pleased to pass along reduced fuel costs resulting in a 4.6% net reduction in the Power Sup,p? Charge. ,There ,h,as b.een a 0.5% net increase in the Efficiency & Renewables Charge, wh ch funds LIPAs Efficiency Long m~ana program. In March,~he.r~j will be a 1.9% net increase in Delivery & Systems Charges, although overall costs will remain lower ~nan {t year ago. We're working harder than ever to provide energy for a growing Long Island, and customers like you are helping us improve our performance. Thank you. Your credit rating is tops with us~ ~ RECEIVEDj L BOARD OF APPEALS Bill Date: 01/18/2011 Customer ID: 0182800475 Page 1 of 2 , 473889 74.-3-24.2 TOWN OF SOUTHOLD LIDATED REAL PROPERTY [LL - NOVEMBER 30, 2010 - TAXES BECOME A LIEN 13 IF THE WORD "ARREARS" IS PRINTED COUNTY TREASURER'S NOTICE 610 ON REVERSE SIDE. 10 8706 2500 Peconic Ln 1 320,916,530 1,727,334 0192242 418 Inn/lodge First Half: Second Half: STAR-BASiC Castiglione Chei'ylynn A . THIS BILL IS FOR. 2500 Peconic Ln . iNFORMATIONAL. PO Box 333 ' ~' PURPOSES ONLY. 8644 $3,849.04 12/26/08 8644 $3,849.05 5/28/09 LEVY DESCRIPTION LEVY % TAXABLE VALUE 64.62% 2.32% 7,140 7,800 Southold School Southold Library APpEl S_CHOOL Castiglione, Peter J ASSESSED VALUE RATIO WHICH OF I1 7,800 IS= 1.06% pER sR1 .O00 I FROM PRII~R I~A. I TAX AMOUNT 723.448 1.50% 5,165.42 23.801 2.80% 185.65 TOTAL TAX AMOUNT Suffolk County Tax from the New York State 1.61% 7,800 16.537 -3.60% ram 128.99 5,351.07 128.99 Southold Town Tax 23.85% 7,800 1.61% 244.380 5.80% 1,906.16 23.85% 1,906.16 NYS Real Prop TaxLaw 0.21% 7,800 MTA Payroll Tax 0.07% 7,800 Southold FD 5.30% 7,800 Solid Waste District 2.01% 7,800 Waste Water Distdct 0.00% 7,800 2.152 -53.20% 16.79 .671 100.00% 5.23 54.346 2.40% 423.90 20.610 44.80% 160.76 .045 -2.70% .35 FIRST HALF TAX 3,996.62 7.59% 607.03 SECOND HALF TAX 3,996.63 TOTAL TAX LEVY ~ 7,993.25 DUE DEC 1, 2009 PAYABLE WITHOUT PENALTY TO JAN 10, 2010 SEE REVERSE SIDE FOR PENALTY SCHEDULE SECOND HALF ~ SOUTHOLD TAX LEVY ° 2009-2010 DETACH STUB AND RETURN WITH SECOND HALF PAYMENT ~ RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, RECEIVER OF TAXES AND WRITE BILL NO. AND TAX MAP NO. ON FACE OF THE CHECK. PAID BY: [~ASSESSED [~OTHER SUE DEC 1, 2009 PAYABLEWlTHOUTPENALTYTOMAY31,2010 SEE REVERSE THIS TAX MAY BE PAID IN ONE OR l~A~O INSTALLMENTS FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE SUFFOLK COUNTY TAX MAP NUMBER 473889 74.-3-24.2 AMOUNT DUE 3,996.63 BILL NO. Castiglione Peter J The following bank branches located within the Town of Southold accept payments during Bridgehampton National Bank, Capital One and Suffolk Counly National Bank. ACTION OF THE ZONING BOARD OF APPEALS Appeal NO. 358B-SE Application' Dated December. l, ]986 TO: Mr. aha Mrs. Alvin Comb~' BSO0 Peconi. c Lone .Pe~onic, NY ~11~58 At a Meeting of the Zoning Board of Appeals held on Februa'ry 5, ]987, the above appeal was considered, and the action indicated'~low ~as taken on your [ ] Reques~ for Variance Due =o Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×]Request for Variance to the Zoninq Ordinance Article III , Section ]00-30(8)116] [ ] ~equesm for Ariel]cation of ALVIN AND PATRICIA COMBS for the Zoning Ordinance,. Article III, Sectio~ IO0-30(B)for permissior so establish "Bed one Breakfast Use~" an Owner-Occupied Building, other :nan d ~otel, where lodging and breakfast is urovided for no: more than six casual, transient roomers, ~nd ~enting of not more :nar three rooms.' Lc'cation of Properzy: 2500 Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-74-03-24.2.- WHEREAS, a p.ublic hearing was held ana concluded on January 1~87 in the Matter of the Application of-ALVIN &N.D .PATRICIA COMBS unoer Application No. 3585; an~ WHEREAS,~a't said hearing all those who desired ~o ae heard were heard one their testimony recordee; and WHEREAS, the board has carefully considered all testimony ~nd documentation submitted concerning this application; and WHEREAS, :ne board members have ~ersona]ly viewed and are familiar with :ne premises in ouestion, its ~resen: zoning, and the surrounding areas; an~ WHEREAS, the board maoe the following findings of fac~: l. By this appl~cation, applicants recuest a Soecial Exce)t]on for a "Bed and Breakfast' establishment, wit~ owner-occupancy, for the rental of two bedrooms for loogin§ an~ serving of break- fast :o not more than five casual and ~ransien: roomers, which will be incidental one subordinate to ~ne principal sing]e-family use of the existing dwelling, in accordance with the requirements of Article III, Section 100-30(B)[]6] of the Zoning Code. 2~ The pre~i'$os in question is a described parcel containing a total lot area of 43,560± sq. ft. with 150-ft. frontage along the east side of Peconic Lane, Peconic, and is more particularly identifi6d on the Su~olk County Tax Maps a~ D~stri'¢t'lO00, Sectio~ 74, Block ~ Lo~ 2'4.2'. (CONTINUED ON .PAGE TWO) RECEIVED 5oARO OF AppEALS DATED: February 25, 1987. CHAIRMAI~, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3585-SE Matter of ALVIN & PATRICIA COMBS Decision Rendered.February 5, lg87 3. The subject.premises.is 1,ocated iR t. he "A-80" Residential and Agricultural Zoning District and is improved with a 2½-story, singl:e-fa~l$ily dwelling and accessory building. 4. For the record, it is noted that Certificate of Occupancy No. Z7B69 dated September 1. 1977 has been issued for private single-family use of the premises. 5. The parking erea is proposed along the south side, yard area as_~hown BY sketch submitted ~ith this application ,for a minimum of four vehicles. 6. Article III, Section lO0-30(B), subsection [16] makes exception for site-plan approval/reviews by the Planning Board for this accessory use. In considering this application, the board also finds and determines: (1) the proposed accessory use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (3) the use is in harmony with and will promote ,the, general purposes and inte.nt of zoning. The board has also considered subsections (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code. ,,, Accordingly, on motion by.Mr. Grigo~is, seconded by Mr. Goehrioge~, i.t was ....... ~ .................... RESOLVED, to GRANT a Special Exception for a Bed and Breakfast in accordance with the requirements ef Article III, Section 100-30(B)[16] of the Zoning Code as applied in the Matter of the Application of ALVIN AND PATRICIA COMBS under No. 3555, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The grant of this Special Exception is limited to this property (and shall not be deemed to include any other property over which the applicants may have rights). 2. This Bed and Breakfast use shall be accessory to the single-family use of the premises, with owner occupancy, and shall be permitted only while the dwelling is the permanent residence of the propgrty owner (not to be operated while the dwelling is rented or vacated). 3. This Special Exception shall be for the renting of not more than two rooms and not more than five casual and transient roomers, as applied, and in accordance with the requirements of Article III, Section lO0-30(B)[16] of the Zoning Code; 4. Existing screening shall be maintained at all times along the south property line, or, new screening at a minimu,m height,,of three feet for a distance of 75 feet shall.be planted around the east end of {he proposed parking area; 5. Minimum of four on-site parking spaces, as proposed. 6. Compliance with the N.Y.S. Construction and other applicable codes; 7. This Bed and Breakfast Use shall not be deemed a principal use at any time. 8. Covenants and restrictions containing the above restrictions shall be recorded in proper form in the Office of the Suffolk County Clerk, and a copy thereof shall be furnished to the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Doyen, Douglass end Sawicki. This resolution was duly adopted. ~ERARD P. EDUHRrNGER, Ci~IRM~R RECEIVED dUN 2011 BOARD OF APPEALS /.,,~- ?,/-~- z~, z TOWN OF SOUTHOLD PROPERTY RE¢ :ORD CARD ~O~EJ~ C~.Lr/IV~ j~, Czl$~'t'~/i~/t~ STREET ~.z~C~/~' VIL~GE.._. DIS~ SUB. ~~.~l'~ ~ ~0 S ~PE OF BUILDING ~s:~ ~ s~s.w ~.m ~co~M. c~. ~sc. Mk,. W,~e ~D IMP. TOTAL DATE REMARKS -[ I ' N~ NORMAL BELOW ABOVE FA~ Acre Value Per Value ~re Ti~e 1 / ril~le 2 ~i[lable 3 ~oodland ~wampl~d ~RONTAGE ON WA~ER ~ru~land FRONTAGE ON ROAD ~ouse Plot ,/ / ~ ~ / ~ DEPTH BUtKH~D DOCK Fatal . ~ , , .~ ] :xtension ;xtension Extension >arch [ Breezeway Garage O.B. Total COLOR TRI.M Foundotion ~*ment Ext. Walls Fire Place ,.T~p e Roof Bath Floors Interior Finish Heat Rooms 1st Floor Dinette LR. DR. BR. Recreation Room Rooms 2nd Floor FiN. B. ~rmer )rivewoy 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 29, 2011 Zoning Appeal No. 6490 Transmitted herewith is Zoning Appeals No. 6490 of Peter & Cheryl Castiglione- the Application to thc Southold Town Zoning Board of Appeals for Special Exception. Also enclosed is the Applicant's Project Description, Questionnaire for Accessory Apartment or B & B with Owner Occupancy, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, One Page Copy of Framing Plan Dated October 15, 2009 Prepared by Donald G. Feidler-Architcct, Certificate of Occupancy No. Z7869 for Private One Family Dwelling Dated September 1, 1977, Copy of Survey Showing Property as it Exists Dated May 18, 1976 Prepared by Roderick Van Tuyl, P.C., Copy of Survey of Property Showing Where Parking Will be Constructed, Copy of Survey Showing Property as it Exists Dated May 18, 1976 Prepared by Rodcrick Van Tuyl, P.C., Two Pages of Floor Plans Showing Area Calculations Summary, Five Page Copy of Deed to Property Dated August 29, 2005, Copy of Certificate of Occupancy No. Z-34098 for Deck Alteration to an Existing Once Family Dwelling Dated November 25, 2009, Copy of Certificate of Compliance for Homcport B & B Dated October 2005, One Page Photo of Property, Copy of New York State E-File Forms 1T- 2044 & IT-204-LL, Copy of IRS E-File Form 1065, Copy of IRS E-File Signature Authorization, Copy of NYS E-File Signature Authorization For 2009, Copy of Peter Castiglionc Drivers License, Copy of LIPA Bill for January 2011, Copy of Tax Bill for 2500 Pcconic Lane, Two Pages of Board of Appeals Decision No 3585-SF Dated December 1, 1986, Two Pages of Property Record Cards. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/27/11 * * * RECEIPT * * * Receipt: 107687 Transaction(s): 1 1 Application Fees Reference Subtotal 6490 $750.00 Check#: 2487 Total Paid: $750.00 Name: Homeport, B&b 2500 Peconic Lane Peconic, NY 11958 Clerk ID: CAROLH Internal ID: 6490 July 29, 2011 Zoning Board of Appeals Town of Southold Post Office Box 1179 Southold, New York 11971 B. Phillip Beltz 2585 Peconic Lane Post Office Box 199 Peconic, New York 11958 Re: SCTM#1000-74--3-24.2 2500 Peconic Lane To Whom It May Concern: Please be advised that I reside next to the Homeport Bed and Breakfast at 2500 Peconic Lane and have no objections to the applicants' proposed request to establish an accessory bed and breakfast dwelling unit. If you have any questions, kindly contact me. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard 17. 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 4, 20t t 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~ AUGUST 4, 2011: 10:50 AM - PETER AND CHERYL CASTIGLIONE #6490 - Applicant request a Special Exception under Section 280-13B(14). 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 four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 2500 Peconic Lane Peconic, NY SCTM#1000-74-3-24.2 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. So uthold, ny. us. Dated: July 8, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box tt79 Southold, NY 11971-0959 #10332 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 28th day of July, 2011. Sworn to before me this LEGAL NOTICES LEGAL NOTICE SOUTHOLD TOWN ZONUNG BOARD OF APPEALS THURSDAY AUGUST 4, 2011 PUBLIC HEARINGS NOTICE IS HEREBy GIVEN, pur- suant to Section 2(57 of the Town Law and Fown Code Chapter 280 (Zoning),Town of Southold, the following public hear- mSS will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, $3095 Main Road, EO. Box 1179~ Southold, New York 11971-0959, on THURSDAY Ali. GUST 4. 201 I' ~0 AM ~ DERORAH PENNEy ~ffi4 - Request for Variance from Code Article XXII Section 280-116 and 280- 124 and the Buildthg Inspector's Sune 3, 2011 Notice of Dizapproval based on an application for building permit for demo and new construction of a single family dwelling at: 1) less than the code required setback of 75 feet from a hulk-. head, 2) less than the code required front yard setback of 35 feet, located at: 160 Sailom Needle Road, (adj. to Jones Creek) Mattituck, NY. SCTM#1000-144. $-26 ~ AM. SHAMGAR CAPITAl,, ~LC fDANIIRL BUTP~FUOCO) ~ - Request for Variances ~rom Ar- ticle XXII Code Section 280-116 and Ar- ticle 1II Section 280-14 and the Building Inspector's February 25, 2011 updated 1une 9, 2011 Notice of Disapproval based on an application for building permit for reconstruction of an existing dwelling with third story addition at: 1) less than the code rtquirod setback of 75 feet from a bulkhead, 2) more than the ~:ode required number of stories of -- 21/2, located at: 1165 Kimberly Lane ( adj. to Southdid B~y) Southdid, NY. SCTM#1000-70-13-20.7 10:15 AM - LISA AND DAV[D ~ - Request for Vari- ances from Article XXIII Code Section 280-122 and the Building Inspector's May 10, 20~I N~tice of Disapproval based on a building permit application for additions and alteragions to a. non- conforming building at: 1) less than the code required front yard setback of 100 feet, 2) less than the code required side yard setback of 20 feet, 3) less than the code required rear yard setback of 75 feet, located at; 1335 New Suffolk Road C'mohogue,/~y. $CTM~ 1000-109-7-9.3 10~ AM . MICHAEL E, AND ~ - Request for Vsrianc~ from Article XXIII Code Sec- don 280-124 and Article III Section 280~ 1S and the Building Inspector's June 1, 2011 Notict of Disapproval based ob an application for building permit to slr~f ~- deck and shower addition and accessory ga}ff~addition/aireration at 1 ) fr6nt and rear yard~e/back of less than the code required 35 feet, 2) si~e yard setback of more than the code req~h~d. I0 feet, 3) lot coverage of more than the code required 20% for the deck/shower addition and 4) rear and side yard set- backs for accessory buildings at more than the code r~l.~e.'.~ 3 feet, located at: 55 Pay ~0urt (~dj. to Right of Way) Mattituek, NY. SCTM#1000-123-5-17 1~0 AM - PETER AND CHER~r~. ~~- Applicant re- quest a Special Exception unci~r Section 280-13B(14).The Applicant. id the owner reque, sting authorization to establish an Accessory Bed and Breakfast, acces- sory and incidental to the residential occupancy in this single-family dwelling, with four (4) bedrooms for lodging and ser,,ing of breakfast to the B&B casual; transient roomers. Location of Prop~ erty: 2560 P~eonic Lane Pecouic, NY S~1060-74-3.~ pe . S~ion 281L~JB(4), the appil- ' ca~t ? requesting Permission to convert existing office space to operate a nurs- ery school at: 44~0 Coumy Road 48, Southold~ NY. SCTM#100{L63. 1-23 day of Principal Clerk ~/~ 2011. CN~RISTINA VOU~,~k't NOTARY PUBLIC.ST?" EW YORK Budding Inspector's Ma}~ 2011 ~ -~- ~o~r He~ ~ngnued from of Di~pproval ~sed on an ap~i~ ~r ~e~ ~d ~ng addi~onal for ~{ldlng pe~it to re~s~n ~ Adjourned from ~blic Hearing Ju~e a~o~ garage at: I ) le~'~ ihe ~e 2,2011: requk~d ~om yard setba~ of 35 feet, 2) 1~ ~an ~e ~ req~r~ gde y~d cci- L~ PM - BLAC~Ey back of 20 Feet, 3) more ~ th~ c~e reau~d m~mum haloh~ of ,, ~eak, aka E~ene,s ~k) ~tcho~ S~Caon 2~124 and ~e ~uilding Inspector's May 16, 2011 Notide of. Dis- NY, S~gI'~-l~i.37 approv~ based on ~ application for ~ ~M ~ T-~I:E N~ a s~e f~y dwe~ng a 1) side yard ~. R~uest for vafil setback of le~ than ~e ~de required antes from Code Section 280;70~ and 15 feet, in.ted at; 2195 Ruth Road, the Building Inspector,s Septem~r Mat~ck,~.S~l~.l~.7_5 updated June 10, 2011 NO~ of Disap- aequest f~ vafian~ ~0m AYt. X, Code pr0val ~ed on an applica~on for build Section 280~ (B~k Sc~d~e) nod the ins permit to up~ade ~d malnt~n a Building Inspector's Febr~ 16, 2011 raq~red maximum height of 45 feet, 2) a new b~ld~ on a lot ~th ~ e~s lng ~ode required mtn mum dist~ to ad- ~ four (4) use~ 2) le~ ~ ae code feet; located at: 69~5 Route 25 (Ma~ 10 feet, l~tod at: 535 Hke St. aka Rail- Rd) and Chapel ~., G~enpo~, Ny. road Av~., Mathtuek, ~e~o~ or ~eir repre~nta~ves, desk- desiring to submit ~tten statements before ~e ~n~usion 0f each h~ng. Each hea~ng ~11 not start earlier ~an re~w dung reg~ar b~ness hou~ ~d prior to ~e day of ~a hearing. If you have ques~ons, p~me contact our Date~ $~y 8, 201 ZONING BOARD OF APPEALS · LESLIE KAN~$ WE/SMA.N, CHAIR- PERSON . BY: Vickl Toth 54375 Main Road (Office Location) 5309S Main,Road (Maliln[,JUSps) Southold, NY NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME-. CASTIGLIONE, P. & C. # 6490 SCTM #: 1000-74-3-24.2 VARIANCE: SPECIAL EXCEPTION REQUEST: BED & BREAKFAST FOR 4 GUEST ROOMS DATE: THURS., AUG. 4, 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZONI~G BOARD OF APPEALS MAIkING ADDRESS and PLACE OF HF_ARING$: 53095 Main Road: Town Hall Building, P.O. Box ~ 17g $outhold, NY ~ 1971-0~5g (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 July 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, August 4, 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 July 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with 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 abilib/, 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 July 25th: 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 July 27st: 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 applicantJagents 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 Posting for receipt by our office before August 2, 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAIL1NGS e a S, b' tt (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I ' ' at , ~'~- ~-~['-l'~/lOrO-'~_~ residing New York, being duly sw6'rfi, deposes and says that: day of ~-~V-J~/ , 20 ti, I personally mailed at the United On the States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current 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 ~applip~mt's prol~rty. Sworn to before me this ,20 ti (Notary Public) VICKI TOTH Notary Public.State of New York No. 01106190696 Qualified in Suffolk County, Commission Expires luly 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. Total Postage & Fees ~5.5~ 07/1~1/~011 1 m USE I Retum Receipt Fee (Endorsement Required) $2.~0 Restricted De~i~e~ Fee (Endorsement Requin~l) ~).00 Total Postage & Fees I s~F.~i~C~AL USE $0.~ ~2.85 $2.~) $5.59 ' · Completelterrm 1,2, and 3. Also complete Item 4 If Reetn~ed Delivery Is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the maJlpiece, or on the front if space permits. 1. Article Addreesed to: ~ [] Agent [] Addressee B. Received by (Pr/nt~dName) C. Dateof Delivery · D. Isdellve~adclmeedifferentfromlteml? [] Yes if YES. enter deflvety address b~tow: I-1 No [] Return Receipt for Mecchendise [] C.O.D. 4. Restn~ed Dellve~j? (Exba Fee) [] 2. Article Number 7010 3090 0001 9819 5113 PS Form 3811, February 20O4 IO2595-02-M-1540 Notices Mailed To: Lot # 74-3-24.1 Town of Southold P.O.Box 1179 Southold, N.Y.11971 Lo~ 74-5-6 Town of Southold P.O.Box 1179 Southold, N.Y. 11971 Lotg 75-1-6AG William Buckingham ATT. William Midgley Jr. 200 Skunk Lane Cutchogue, N.Y.11935 Lo~ 75-1-17.2AG llexm LLC Neal J. Cichanowicz Sam Cichanowicz C/O Brenda Chicanowicz 155 Halls Creek Drive Mattimck,N.Y. 11952 · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery la desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. A. Sig natu~m B. Received b [] Agent [] Addressee C. Date of Delivery OYee JUL 15 2011 [] Registered [] Insured Mall [] C.O.O. t for Memhandlse Restfl~ted Delivery? (Extra Fee) [] Yes 2. Article N~nber (;;~ ~/'~ from *~* ,.i',~ labe0 PS Form 3811, February 2004 7010 3090 0001 9819 5076 Domestic Return Receipt 102595-02-M-1540 ] · Complete ~ 1,.2, and 3. ~ _,so_m~plete Item 4 if ReeM~ea Dellvely is a~. · print your name and address on the mveree so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: to. A. Signature []Agent [] Addmesee C. Date of Delivery D. is delivery address dlffe~nt f~omitem 17 [] Ye~ If YES, enter delivery address below: [] No 3. Dervlce l'ype ~_ Certified Mel~ [] Registered [] In~umd Mall [] Express Mall [] RetUrn Receipt for Memha~dles I'1 C.O.D. Reetflc~ed Delivery'/(Extra Fee) n yes 2. A~cle Number ffr~/rem s~de~ lal~e/) ~on~ 3811, F~a~ 20~ 7010 3090 0001 9819 5090 Domestic Return Receipt · Compete items 1,2, and 3. Also complete item 4 If Restricted Dellv~y Is desired. · Print your name and address on the reverse so thet 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: 7"ouont Soc,'t-hold ~ J~NunY~x~ A, S~gnatum [] Agent [] Addressee B. Received b Date of Delivery D. Is delivery If YES, JUL 1 2011 Se~ice Type ~dlted Mall r-1 Registered [] Insured Mall r-I C.O.D. 4. R~t~ted D~ery? (Extra Fee) 7010 3090 0001 9819 5083 Domestic Retum Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) /~¢v.~/( , New York, being duly sworn, depose and say that: residing at ~- 5-~'o ~:da..t.tr ~-~.$..( On the ,Z I day of 7fTM ~7 ,201 , 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 date was shown to be /~-%5 ¢7~l Sworn to before me this ~-~}~'~ Day ofC2~ ,201~ (Notary Public) (Signature) CONNIE D. BUNCH Notary Public, State of New Y.¢rk No. 01BU618505C, Qualified in Suffolk Co'Jnt~: Commission Expires Aprf! 44. '.:i'(~ ~_ * near the entrance or driveway entrance of my property, as the area most visible to passerby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Ir. 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 24,2011 Mr. Thomaslsles, Di~ctor 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 XlV of the Suffolk County Administrative Code: ZBA File #6490 Action Requested: Within 500 feet of: Owner/Applicant: Castiglione 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 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 August 19, 2011 Peter and Cheryl Castiglione P.O. Box 333 Peconic, NY 11958 Re: ZBA # 6490 Dear Mr. and Mrs. Castiglione: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our August 18, 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. Sincerely;~'x , .4 Zoning Board Assistant Encl. CC: Building Department 12.2 - i",T - Z -- Z Z Real Property Tax Service Agency SECTION NO