HomeMy WebLinkAbout6627
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Gerard P. Goehringer
George Horning
Ken Schneider
htt p://southoldt own. 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
RECEIVED
/
~~n Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MARCH 21, 2013
ZBA APPLICATION #: 6627 SE
APPLICANTS/OWNERS: Vicki Toth CTM: 1000-88-1-l.5
PROPERTY LOCATION: 425 Jacobs Lane, (comer Main Bayview Road) Southold, NY
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 Adminislrative Code Sections A 14-14 to 23, and the Suffolk County Department of
Planning issued its reply dated January 31, 2013 stating that this application is considered a matter for local
determination as there appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under
the Minor Actions exempt list and is not subject to review under Chapter 268.
BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article Ill, Section280-
13B, subsection 14 of the Zoning Code, to operate a Bed and Breakfast within their existing single-family
dwelling, accessory and incidental to their residential occupancy under the Building Department's
Certificate of Occupancy Z-28260 dated March 08, 2002. The proposed three bedrooms for lodging and
serving of breakfast to the B & B casual, transient roomers was created through additions and alterations to
the applicants' existing one family dwelling including the conversion of second floor habitable space under
Building Permit No. 37691, dated Dec. 14, 2012..
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on Mamh 7, 2013, 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. Vicki Toth, the applicant herein, is the owner of the property, located at 425 Jacobs Lane, Southold,
NY. It is improved with a two story single family dwelling, and an accessory barn, as shown on the
Page 2 of 3 March 21,2013
ZBA File #6627SE- l'oth
2. survey drawn by Joseph A. Ingegno, Land Surveyor, dated April 17, 2002, subsequently revised by
hand by the owner to show proposed B&B parking areas. The owners/applicants will continue to
occupy same as their principal residence while the three bedroom Accessory Bed and Breakfast
facility is managed and operated.
3. The applicant's plans comply with the on-site parking requirements and provide for 5 parking
spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and
Breakfast bedrooms, as shown by the owner on the survey submitted.
3. The applicant complies with the requirements of a dwelling unit as defined in Section 280-4 of the
Zoning Code, has been issued a valid CO dated March 8, 2002, and also building permit, #37691,
dated Dec. 14, 2012, for the conversion of an unfinished room into another bedroom.
4. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the AC District in
which it is located, adjacent use districts, and nearby and adjacent residential uses.
5. The Special Exception is accessory to the principal use and will not prevent the orderly and
reasonable use of adjacent properties.
6. This accessory will not prevent the 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. The applicant will comply with all existing Town
Codes in regard to the operation ofa B&B.
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
Homing, seconded by Member Goehringer, and duly carried to
GRANT the Special Exception permit for an Accessory Bed and Breakfast, to be used only in conjunction
with the applicants-owners residence, as applied for, as shown on the survey drawn by Joseph A. Ingegno,
Land Surveyor, dated April 17, 2002, subsequently revised by the owner to show proposed B&B parking
areas, and as shown on the floor plans dated April 20, 2001as prepared by Robert James Higgins, Architect,
with owner revisions showing all proposed B&B and private areas located within the interior.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. This Special Exception Permit requires an operating permit and inspection by a Code Enfomement
Officer from the Building Department that must be renewed annually.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
This Special Exception permit cannot be transferred to new owners
Page 3 of 3 - March 21, 2013
ZBA File #6627SE -Toth
SCTM#1000-88-1-1 5
,4 ny violations of the conditions, occupancy or other requirements described herein, may require a public hearing
before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted
herein.
The Board reserves the right to substitute a simdar 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 (Chatrperson), Goehringer, Horning, Schneider. This Resolution was duly adopted
(4-o)
Leslie Kanes Weisman, Chairperson
Approved for filing ~/2~ /2013
OCCUPANCY OR
USE IS UNLAWFUL
~¥1THOUT CERTIFICATE
OF OCCUPANCY
:INAL MAP
~EVIEWED BY ZBA
SEE DECISION # ~
oA'r~:o_~A-g~-~ ~.-.~-
13.
RECEIVED
BOARD OF' APPEALS
FINAL MAP
REVIEWED BY ZBA
SEE DE~ #
DATED ~ I~J
RECEIVED
JAN !
BOARD OF AppEALS
RECE][VED/~'/-~'~I
JAN ! 5 2013
BOARD OF APPEALS
FINAL MAP
REVIEWED BY ZBA
SEE DECISION # ~'~
I:)ATED-''~ I~ll~(_t~l)
MAP
EWED BY
,EE DEcl~31ilt # ~
/
/
/
/
/
RECEIVED
JAN 15 2013
BOARD OF/PPEALS
'\.
SURVEY OF a%>l/v
LOT 3
MAP OF
MINOR SUBDIVISION
DEERFIELD FARM
FIL£ No. 10596 FILFD MARCH 27, 2001
SITUATED AT
BAYVIEW
TOWN OF $OUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-88-01-1.5
SCALE 1"=50'
APRIL 5, 2001
ARE~ = 120,800.70 sq. it.
2.773 ac.
Joseph A. Ingegno
Land Surveyor
21-24
COUNTY OF SUFFOLK
Steven Beilone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
January31,2013
RECEIVED
BOARD OF APPEALS
Division of Planning
and Environment
Ms. Leslie K. Weisman, Chair
Town of Southold ZBA
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Dear Ms. Weisman:
Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following application submitted to the Suffolk County Planning Commission is 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.
Applicant
Municipal File Number
Haase, George & Lisa
Toth and Bayview Farm B & B
6626
6627
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein
Senior Planner
H. LEE DENNISON BLDG · 100 VETERANS MEMORtAL HWY, 4th Ft · P.O. BOX 6100 · HAUPPAUGE, NY 11788~099 · (631) 855-5191
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD, NEW YORK
Phone (631) 765-1809 (631) 765-9064
RECEIVED
JAN 1 5 2013
BOARD OF APPEALS
ACCESSORY BED and BREAKFAST IN EXISTING DWELLING
APPLICATION FOR SPECIAL EXCEPTION
Application No.
Date Filed:
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Applicant(s),
of
Parcel Location: House No. q~5 Street ,~O.~2~.~
Contact phone numbers:"]~9~~-) ~o c~19
SCTM 1000 Section ~<~ Block I Lot(s)
~9.~ Hamlet~l_~ q4~ Old
Lot Sizec~ '-) Zone District
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE III, SECTION 280 , SUBSECTION 13(B)14
for the following uses and purposes:
as shown on the attached survey/site plan drawn to scale.
A. Statement of Ownership and Interest:
~J I C~I --~ is (are) the owner(s) of property known and referred
toas Id
(House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District I000, Section ~ ~' Block
Lotl, s , and shown on the attached deed. ~I2D I
The above-described property was acquired by the owner on
B. The applicant alleges that the approval of this exception would be in harmony with the intent and
purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore
in said ordinance and would not be detrimental to property or persons in the neighborhood for the following
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.
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 followed in the event of a fire or smoke condition or upon
activation of a fire or smoke-detecting or other alarm device.
4.No sleeping rooms for B&B use shall be located above the second story.
5. 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 for B&B use. Means of egress shall include at least
one of the following alternatives: 1) A portable escape ladder that attached securely to the sill,
shall be provided for 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.
6. There shall be no exterior signage identifying the use as a Bed and Breakfast in residential
areas.
7. No accessory apartment, as authorized by Section 280-13(B)(14), shall be permitted in or on
premises for which a Bed and Breakfast is authorized or exists.
8. 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 subject of this application is zoned ~'~/_. and
[ ] has not changed since the issuance of the Certificate of Occupancy attached.
~L~] has changed or received additional building permits, and Certificates of Occupancy for these
changes are attached or will be fi~rnished.
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
SS.:
(Signature)
o ry Publi --
~0~ ~M ANDALORO
Ne~e/Pulffi~, 8~ate of New York
No. 0'~Mq6008246
Quallfl~ In $~ffo;~ County
,2o i3
RECEIVED
1,5 2013
BOARD OF AppEALS
Applicant:
Vicki Toth
JAN 1 5 2013
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Date Prepared: Jan.h~l~F APPEALS
]. For Demolition of Existing Building Areas
Please describe areas being removed:
1I. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: N/A
Dimensions of new second floor: N/A
Dimensions of floor above second level:
Height (from finished ground to top of ridge): N/A
Is basement or lowest floor ama being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: N/A
111. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary)- Please describe building area~:
Number of Floors and General Characteristics BEFORE Alterations: N/A
Number of Floors and Changes WITH Alterations: N/A
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 4448
Proposed increase of building coverage:
Square footage of your lot: 2.773 acres
Percentage of coverage of your lot by building area: 3.5%
V. Purpose of New Construction: N/A
Vl. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
Request for special exception for a bed & breakfast
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
ls the subject premises listed on the real estate market for sale?
Yes "/x No
RECEIVED
JAN 1 Ii 2013
BOARD OF APPEALS
Are there any proposals to change or alter land contours?
~ No __Yes please explain on attached sheet.
1 .) Are there areas that contain sand or wetland grasses? ~J O
2.) Are those areas shown on the survey submitted with this application? /O[
3.) Is the property bulk headed between the wetlands area and the upland building
area? ~D
4.) If your property contains wetlands or pond areas, have YOU contacted the Office of
the Town trustees for its determination of jurisdiction? j!J1 ('~ Please confirm status
of your inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation nea~ae area of proposed construction at or
below five feet above mean sea level? p~ ~
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? ~) 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? ~/'O If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel? ~ ~
lfyes, please label the proximity of your lands on your survey.
Pleaselist present use or operations conducted at this parcel S~ ~0] h01t~,~ b0-/'jt''~
and the proposed use~'/'//Tot tO] ,/~ ~-4 f~
· (ex: ex~stmg single famdy, proposed: same w~th
garage, pool or other)
Authorized signature and Date
Office Location:
,Town Annex/F'u~t Floor, North Fork Bank
54375 Maha Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS '
TOWN OF soUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
RECEIVED
JAN I
BOARD Otk' APPEALS
Adcessory_ Apartment or Bed anet Bre'~k~a-~t with Owner-Occupancy
Names of Individuals or Parties H~'ving an Interest in the
S.ubJ'ect Premises and a d~scription of their Interests:
Name of the Applicant(s) and his/her Residence:
Names of Current Residents/Occupants of the Subject Premises:
Current Occupants are: (please check one or more boxes)
{ ] Tenants with Written Lease
{ } Tenants without Written Lease
[~ Current Owner
. Contract Vendees
{ } Proposed Occupants/Residents under the S~bject Application
{ X} Residents.
NOTE: By not checking one or more of the above, it is assumed
that the current Occupants are not tenants witha, written er
without a written lease, are not current owners, ~re. not
contract vendees, are not proposed Occupants/l{esiden~s
under the Subject Application~ and/or have a different
residence.
Is th~ subject premises listed on the real estate market for
sale or being sho~ to pro'spective buyers? {' } Yes
Aut-~or].zec~ $icjb. a,fiure and Date
PROJECT I.D. NUMEER 617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
SEQR
5. la PROPOSED ACTION;
[] New [--] E~panslon
~[~Modl flcation/alt eratlon
6. DESCRIBE PROJECT aRIEFLY: .
RECEIVED
JAN ! 5 2013
BOARD OF APPEALS
9. WHA~ IS P"ESENT ~"D USE IN VI~N~ OF
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL,
STAT~ LOCAL)?
11. DOES ANY ASP~,Ej~T 0 F THE AOTION HAVE A CURRENTLY VALJ D PERMIT OR APtq~OVAL?
[] Yes [~No If yes, list agency name I~nd permit/approval
12. AS A RESULT OF OPOSED ACTION WILL EXlSTtNG PERMITIA~PROVAL REQUIRE MODIFICA'nON?
I CERTIFY THAT THE INFO~RM~N PROVIDED ABOVE la TRUE TO THE BEET OF MY KNOWLEDGE
If the action is in the Coastal Area, and you am a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
C7 Other imbacts (includin§ changes in use ol eilner quantity or type ot energy)? Ezplaln briefly.
D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
~ Yes [] No
E. IS THERE. OR tS THERE LIKELY TO E~, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
I~ Yes [] NO II Yes, explain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To he completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant.
Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural}; (b) probability of occurring; (c} duralion;
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been iclentttiecl and aclequately acldressed. If'
question D of Part II was checked yes, the determination and significance must evaluate the potenlial impact of the propose0 action
on the environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse imrl~,acts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this ctetermination:
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
RECEIVED
JAN 1 ~ 2013
BOARD OF APPEALS
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1) Name of Applicant: {/I (~,Lff -~'~-]'~
2)AddressofApplicant:t~q:~ ,.~6LF~D~)~> ]_(IJI~P
3) Name of Land Owner (if other than applicant):
4) Address of Land Owner:
5) Description of Proposed Project: ~3 ~XVP,_Y~ f C/IQ. F'~
6) Location of Property (road and tax map number): /o'Y~0
7) ls the parcel within an agricultural district? ~No I-lyes If yes, Agricultural District Number
8) ls this parcel actively farmed? ~No
[]Yes
9) Name and address of any owner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Property Tax System.
Name and Address
(Please use back side of page if more than six property owners are identified.)
The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at
765-1938 or tJ~-"Z~ing Board of Appeals at 765-1809.
Signature of Applicant Date
Note:
1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action
on their farm operation. Solicitation will be made by supplying a copy of this statement.
2. Comments returned to the local board will be taken into consideration as part of the overall review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the properly owners
identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: Toth, Vicki
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Exception
If "Other",
name the activity:
Change of Zone
Approval of Plat
Exempt on from Plat
or Official Map
Other
RECEIVED
JAN l Ii 2013
BOARD OF APPEALS
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5% of the shares.
YES [ ¢' ] NO L I
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold: Self
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
[ ] A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
~ B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
~ C) an officer, director, partner, or employee of the applicant; or
[--~-~ D) the actual
applicant.
DESCRIPTION OF RELATIONSHIP
Print Name: Vi~ki TQth
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: Toth, Emily
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such ~s a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Exception
If "Other",
name the activity:
Change of Zone
Approval of Plat
Exempt on from Plat
or Official Map
Other
RECEIVED
JAN I Ii 2013
BOARD OF APPEALS
I
I
I
I
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5% of the shares.
YES [ ~' ] NO [ I
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold: Vicki Toth
Title or position of that person: Assistant to the Zonin~ Board of App*als
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
I ] A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
~B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
[ I C) an officer, director, partner, or employee of the applicant; or
[ [ D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Daughter of Vicki Toth
Print Name:' Emily Toth
Town of Southold
A. INSTRUCTIONS
LWRP CONSISTENCY ASSESSMENT FORM
RECEIVED
JAN 1 5 20B
BOARD OF APPEALS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits'
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# <~cg I - l'~
The Application has been submitted to (check appropriate response):
TownBoard [] Planning Dept. [] Building Dept. [~BoardofTrustees []
Category of Town of Southold agency action (check appropriate response):
(a)
(b)
(c)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
Financial assistance (e.g. grant, loan, subsidy)
Permit, approval, license, certification:
Nature and extent of action: ,
Location of action:
Site acreage:
Present land use: S~'b
Present zoning classification:
r- RECEIVED
JAN 1.5 2013
BOARD OF' APPEALS
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: ~J t c-Jd~[ ~'-5~W4c-lc
(b) Mailing address:l~D~ ,-.~<XJT.~Ob5 LOA4X -~O"L,(.,.~J~dl d
(c) Telephone number: Area Code ( ) ~-[/~ ~ La & ~ 69
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [] No ~ If yes, which state or federal agency?
DEVELOPED COAST POLICY J[,~/~}
Pofiey 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
[]Yes [] No [] (Not Applicable- please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
~ Yes [] No [] (Not Applicable - please explain)
Board of Zoning Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
f RECEIVED :~
JAN I ~i 2013
BOARD OF APPEALS
(Print property owner's name)
~L'~//0 l~ do hereby authorize ~m!'/L/
(Ageff0
residing at
(Mailing Address)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
(Owner's Signature)
(Print Owner's Name)
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
NO: Z-28260
Date: 03/08/02
GARAGE WITH UNFINISHED NON-H~ITABLE SPACB ABOVE AS APPLIED FOR.
{OWNER)
of the aforesaid building.
Rev. 1/81
oi/3o/o2
56037 H 02/13/02
01/17/02 C~L~R LES SUS S KI~AUT
uthorized Sitar ur e
RECEIVED
JAN 1 5 20~3
BOARD OF APPEALS
FORM NO. 4
TO,tN OF SOUTHOLD
BUILDING DEP~RTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
RECEIVED
JAN I~ 20,3
BOARD OF APPEALS
No: Z-296&9
Date: 08/19/03
'£~.I.E C~TIFIHS t~t t~ h~ilc]ir~ ACCESSORY
/~cation of Property: 425 JACOBS LA SOU/"HOLD
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map No. 473889 Section 88 Block 1 Lot 1.5
subdivision Filed Map No. __ Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated FEBRU~RY 26~ 2002 p~trs~t to which
B~lclin&3 Pez~t No. 28117-Z dated FEBRUARY 27, 2002
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is ACCESSORY RORSE BI%P/q AS APPLIED FOR PER ZBA #5165 DATED 10/03/02.
The certificate is issued to WILLIAM A & VICKI TOTH
(OWNER)
of the aforesaid building.
~uFFOLK COUNTY DEPART~,~I~]T OF It]BAI~TH APPROVAL
EL~-i'KICAL C~KTIFICATE NO.
PIA~BERS fi~KTIFICATION DATED
Rev. 1/81
N/A
78414H
N/A
oe/z3/o3
Authorized sig~ure-
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
BUILDING PERMIT
RECEI¥,~~
BOARD OF APPEALS
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit #: 37691
Date: 1211412012
Permission is hereby granted to:
Toth, William & Toth, Vicki
425 Jacobs Ln
Southold, NY 11971
To:
construct a deck addtion & alter an existing unfinished room to a bedroom as applied
for
At premises located at:
425 Jacobs Ln, Southold
SCTM # 473889
Sec/Block/Lot # 88.-1-1.5
Pursuant to application dated 121412012 and approved by the Building Inspector.
To expire on 611512014.
Fees:
SINGLE FAMILY DWELLING - ADDITION OR ALTERATION $579.20
CO - ALTERATION TO DWELL1NG $50.00
Total: $629.20
Building Inspector
Town of Southold Annex
54375 Main Road
Southold, New York 11971
CERTIFICATE OF OCCUPANCY
6/24/2011
No: 35021
Date: 6/24/2011
THIS CERTIFIES that the building
Location of Property:
SCTM #: 473889
Subdivision:
ACCESSORY
425 JACOBS LA SOUTHOLD,
Sec/Block/Lot: 88.-I -1.5
Filed Map No.
which this certificate is issued is:
run-in shed addition to an existing bar~ as applied for.
Lot No.
conforms substantially to the Application for Building Permil heretofore ~ed in this otliced dated
7/30/2010 pursuant to which Building Permit No. 35746 dated 8/2/2010
was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
RECEIVED
JAN 1 5 2013
BOARD OF APPEALS
The certificate is issued to
Toth. William & Toth, Vicki
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO.
PLLWIBERS CERTIFICATION DATED
RECEIVED
BOARD OF APPEALS
THIS INDENTS, made Eeptember 24, 2001
BETWEEN
LARDMARK PROPERTIES OF SUFFOLK, LTD., a domestic business cor~oration with its
principal place of business located at 475 Route 25A, Rocky Point, NY 11778
pany ofthesecond parL
WITNESSETH, that the ~ of the first part, in consideration of Ten Dollars and other valuable
consideration paid by the party of the second part, does hereby grant and release unto the party of the
second part, the heirs or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,
situate, lying and being in the
BEING AND INTENDED TO BE the same premises conveyed to the party of the first
part by deed dated April 18, 2001 and recorded in the office of the Colerk Of
the county of Suffolk on May S0, 2001 in Liber of deeds 12121, page 10.
This conveyance is being made in the regular course of business with the
unanimous consent of all the shareholders.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center llne thereof; TOGETHER with the
appurtenances and all the estate and rights of the party of the first part in and to said premises; TO
HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that thc party of thc first part has not done or suffered anything
whereby the said premises have been encumbered in any whatever except as aforesaid,
AND the party of the fn'st part, in compliance with Section 13 of the Lien Law, covenants that the party
of the first part will receive the consideration for this conveyance and will hold the fight to receive such
consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and
Safe Harbor Title Agency, Ltd.
Schedule A
Title Number SH2~055i
Underwriter 638-S-3330
Policy Number: Y 154145 Page I
ALL that certain plot, piece or parcel of land, situate, lying and being at Bayview
in the Town of Southold, County of Suffolk and State of New York, bounded and
described as foltows:
BEGINNING at a point at the intersection of the westedy side of Jacobs Lane
and the northerly side of Main Bayview Road;
THENCE westerly along the northerly side of Main Bayview Road North 47
degrees 35 minutes 05 secOnds West, 275.83 feet to a point and the land now or
formerly of Patricia E. Katz;
THENCE along said land the following two courses and distances:
North 42 degrees 24 minutes 49 seconds East, 260.00 feet to a point;
North 47 degrees 35 minutes 11 seconds West, 153.00 feet;
THENCE North 52 degrees 43 minutes 18 seconds East, 148.76 feet;
THENCE South 59 degrees 30 minutes 20 seconds East 291.21 feet to the point
alo'ng the westedy side of Jacobs Lane;
THENCE southerly along the westerly side of Jacobs Lane South 28 degrees 18
. minutes 10 seconds West 481.03 feet to the point or place of BEGINNING.
RECEIVED ~
JAN l ~ 2013
BOA. RD .OF APPEALS
/
For Conveyanctn9 Only, if intended to b~ conveyed.
Together with all righl, title and interest of, in and to any streets and roads abutting the above described premises,
to the center line thereof.
OSafe Harbor Title Agency, Ltd.
RECEIVED
JAN ! 5 2013
BOARD OF APPEALS
will apply the same first to the payment of the cost of the improvcracnt before u~ing any parr of thc total
of thc same for any other propose.
The word "party" shall be construed as if it read "parties" whenever thc sense of this indenture so
requires.
IN WITNESS WHEREOF, thc paxty of thc first part has duly executed this d¢cd the day and year first
above written.
l/q T~IE PRESENCE OF: Landmar~~olk, Ltd.
By:/ Mar~ E.' Baisch, President
STATE OF NEW YORK, COUNTY OF $c~{~ Ss:
On September 24, 2001, before me, the undersigned 2~a~--z~-~ubilu, personally
appeared Mark E. Baisch
Commi~siofl Expires ~p.125, ~
Bargain and Sale D~xl with Covenant Against Grantor's Acts
TilleNo Safe Harbor Title Agency, SH211599
TOTH
RETURN BY MAIL TO
P.O, BOX 693
$outhOId, NY 11971
24 Hours/Day- 7 Days'Week
Account" PIN
Monday - F~lay, 8 AM - 8 PM
1-800-490-0025'
outside toll frae area
1-6.31-755.6000'
*Automated Sen'ices avaifab~
24 Hours/Day- 7 Days/Week
24 Houm/Day- 7 Days'Week
1-800-490-0075
1-800-490-0085
425 Jacobs La
Southold NY 11971
LIrA
A/~n-Profit Munk~a/E/ec~/c ~
Customer ID Next Meter Readine Due~le Amount Due
0237-3001-32-6 Cm or about 01/17/13 Upon Receipt $ 343.15
BILUNG SUMMARY
Balance FrOm Previous Bill /'''~'4::;)~''q ('" $196.34
LIPA Current Charges 146.81
Please Pay Upon Receipt $ 343.15
A 1.5% late payment charge may be applied to outstanding charges if
payment is not received by JAN 10
IMPORTANT MESSAGES
Send $234.00 instead oi $343.15
and you will be automatically enrolled in our B~.,I~. n.cec~, Bllliag Pla.n ~..,a! wi~,..s.pr, ead your yearly cost over 12
months. Your monm~y Duaget amount Wal ne
YouVe spoken, we've listanedl WeYe mede changes on the bill to help you easily locate key information,
such as the amount due and when it's due. Visit wwwJipower.org for information on how to read your bill.
Thank You for your prompt payments. We really appreciate them. They go a long way toward reducing
energy costs.
Bill Date: 12/18/2012 Customer ID: 0237300132 Page I _o_f 2
Account Number Serwce for
07839-38~J81~1-9 MR WILUAM TOTH
425 JACOBS LN
SOUTHOLD NY 11971-3709
Billing Period 01/01/13-01/31113
Includes Peymants ReCeWed By 12f27112
Last Bill ?-~!~.~..e $142.26
Payments- Thank you! ~ $142.26 cr
Remaining Balance $0.00
Current Charges - Due By 01/15/13 $145.36
Total Amount Due $145.36
Payments
12/11
Payment-Thank You $142_26 cl'
Total Payments $142.26 c~
01/01 -01/31 Family Cable $58.95
(Includes B~sic at $17.64)
01/01 -01/31 3 Cable Box(es) $20.85
(At $6.71 ~ach and
remoras) at ~0.24 each}
01/01 -01/31 Box Diesount $0.95cr
5pet!al Pro~otlon
Phone
01/01 -01/31
01/01
¢Optimum Votoe $,34.95
ap~cable taxes & f~s)
Oplimum Rewinds $15.00 cr
Total Plane $19,95
Int~-net
01/01 -01/31 Op~mum Online $44.95
(Incl $5 multi-prod dis~ount
Plus FREE unJim~ed access to
. Optimum WIFi & Newsday.corn)
Total Intentet $44.95
On Demand
1~39 Shuff~
Taxes 8, Fees
01/01 -01/31 TV Texes and Fees $4.16
01/01 -01/31 Add~ NY $0.50
intrastate Excise Taxes
($o.6o per vo~e ~ne)
Total Tax~e & Feee ~4.66
Subtotal of Curreot Charges $145.36
Remainl~g Balance ~),00
Current Charges $14S.36
Total A~m)~t O~e $145.36
Programming Update: Beginning Decembe~ 20, 2012 NBC
is replacing NBC NY Non-Stop (Ch. 109) with Cozi TV.
EffJoy hit movies end ico~= television series from ~e 1950~
thmug~ the 1980's like Magnum P.I., Charlle's Angels and
much rru~e.
Under New York State law, if you downgrade u discoanest
you~ calfle service within 30 days of this no~ce as a result of
wi~ the downgrade or discenr~efien will be epplied to yom
sccount You will also be entitled to a refund of any p~e-paid
chorg~s you may have incurred in conneci~n ~ your
service during the six months prior to this chenge.
Don't just we~c.h the game~ Experience it en ESPN 3D
(cha~nel 155 in the Op~mum V~J~e package). Get pumped
for 130 live 3D telecasts a year. From coBege footbaJl, to
college besketball, to t~he X games, all you need is a 3D
ready TV, 3D glesses end a desire to get in the game.
As of Decemb~ 13, 2012, watch Veria Living en Ch. 164in
the Optimum preferred and iO Packages. Enjoy engaging
and en~e~dning lifestyle shows with an emphasis en
New Chennel: Beg~ling December 6, 2012 Shalom TV is
avaJleble on Ch. 138 in Optimum Value e~'ld abeve. Watch
de~ news from Isranl and lJmely interviews wilh Jewish
live F~lay evening Set~z)aJh se~-ices. A digital cable box ur
CabtsCARD is required.
Your News 12 Traffic & WeaEmr is now in HD en Optimum
chaenels 61 and 792. Ail HD dtgltal cable box ur
CableCARD is needed.
Y~u receive a total combined
x~'., $20 discount as an Optimum
RECEIVED ~' ~
JAN 1 5 2013
BOARD OF APPE~L~w'°ptimum'net
APPEALS BOARD
Gerard P. Goehringer, Chairman
Lydia A. Tottora
George Homing
Ruth D. Oliva
Vincent Orlando
~ BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATIOrN
MEETING OF OCTOBER 3, 2002
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
http://southoldtown.northfork.net
RECEIVED
JAN 1 5 2013
Appl. No. 516'4 - William and Vicki Toth
Property Location: 425 Jacobs Lane, Southold; Parcel 88-1-1.5.
BOARD OF APPFALS
SEQRA DETERMINATION: The Zorfing Board of Appeals has visited the property under consideration in
this application and determines that this review falls under the Type II cat~gory of the Sta~e's List of
Actions, without an adverse effect on the environment if thc project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: Applicants' property is shown as Lot #3 on the Minor
Subdivision Map of Dcerfield Farm filed March 27, 2001, and consists of 2.773 acres (120,8000
sq. ft.) with 275.83 ft. of frontage along the north side of Main Bayview Road, Southold.
Applicants' property is improved with a single-family two-story flame house and garage. Also
existing is an "as built" foundation for a barn (the subject of this variance).
BASIS OF APPLICATION: Building Department's May 8, 2002 Notice of Disapproval denying
a permit to construct an accessory horse barn on an as-built foundation, located with a setback at
l~s than 40 feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on S~_~r 19. 2002,
at which time written and oral evidence was presented. Based upon all testimony,
documentation, personal inspection of the property and the area, and other evidence, the
Zoning Board finds the following facts to be true and relevant.
AREA VARIANCE RELIEF REOUESTED: Applicants request a Variance under Section 100-
31C(8), for an accessory horse barn on an "as built" foundation (rof. Building P~nnit 28117-z)
located with a setback of 36.6 feet from the angle of the westerly property line at its closest point.
The code roquirexavat is 40 f~ from all property lines for barns which house horses and
domestic antmals other than house, hold pets.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted, and personal inspections, the Board makes the following findings:
1. Applicants own a ~ lot of 120,800 square feet on which tl~r~ is a two-~tory hous~ and a
garage. The applicants also have applied for a permit to consUuct an aceessory barn in which
they will hous~ three horses for their own use.
Page 2 - October 3, 20~O
Appl. No. 5164 - W. and V. Toth
88-1-1.5 at Southold
RECEIVED
JAN 1 5 2013
BOARD OF APPEALS
2. Applicants problem arosu when the Building Inspector made a survey of the foundation and
noted that the foundation had been constructed 36.6 fcet from the rear yard line instead of the
required 40 fi:et
3. Grant of the variance will not produce an undesirable change in the ncighborhcod or a
detriment to n~arby properties.
4. The benefit sought by the applicant cannot be achieved by some oth~r means ot~r than an area
variance. Tho foundation was incorrectly placed at 36.6 feet instead of the required 40 feet from
th~ rear lot line.
5. The variance was self-creatnd as the applicant should have been more careful in measuring the
proper distance form the rea~ lot line.
6. The variatw, e is not substantial. The foundation of the proposed barn is only 4 inches short of
~ required 40
7. The variance will not have an adverse ~t'eet or impact on the physical or environmental
conditions in 11~ n~ighborhood or district. No evidence has been submittnd to suffgest that this
minor variance will have an adverse impact on the physical or environmental conditions in the
neighborhood.
8. Grant of the requested variance is tl~ minimum necessary for the applicant to enjoy a barn in
which to house their horses, while preserving and protecting the health, safety and welfare on the
RESOLUTION OF THE BOARD: In co~side~ng all of thc above fitctors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Oliva,
seconded by Member Tortora, and duly carried, to
GRANT the variance as applied for, with the provision that the only utilities to be
ins~llnd in the barn will b~ d~'t. ric and water.
This nclion does nol authoriz~ or condone any current or future ~ seflxtck or other feature of the subject
property that may violate the Zonin8 Code, other Oran such uses, setbacks and other flmtarcs as arc
expressly add.,cssed in this action.
innan), Tortora, and OJi.ya. This Resolution
.)
~ ~- ~o,~ for ~i~la~'
OWNER STREET g ,~...g VILLAGE DIST. SUB. LOT
RE R . ' - '
~, 77 / ~,~/1
~ / ~1~1~
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD WOODLAND
DEPTH MEADOWLAND
aULKHE~D HOUSE~LO~
88-1-1.5 1/02
88-1-1.5 BARN 9/02
~ ,~,b~ ~ ~ Floors
xtension // ~ /~ % /~ ~ Basement
~ ~ ~( Interior Finish L.R.
Extens,on Fire Place V¢5 Heat DR
Patio W°°dst°ve BR.
Porch 7 ~ ZI
Deck Attic
Garage ¢~z7 = ¢q~ ~,7~ Z¢30 Driveway Rooms 2nd Floor
o.~. ~.
Pool
ELIZABETH A. NEVILLE, MMC
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, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
www. southoldtownny, gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
January 16, 2013
Zoning Appeal No. 6627
Transmitted herewith is Zoning Appeals No. 6627 of Vicki Toth- thc Application to the
Southold Town Zoning Board of Appeals for Special Exception for Accessory Bed & Breakfast.
Also enclosed are the Applicant's Project Description, Questionnaire, and Questionnaire for Bed
& Breakfast, Short Environmental Assessment Form, Agricultural Data Statement, Transactional
Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Vicki Toth
to Emily Toth to Represent her in this Matter, Copy of Certificate of Occupancy No. Z-28260 for
One Family Dwelling Dated March 8, 2002, Certificate of Occupancy No. Z-29649 for
Accessory Horse Barn Dated August, 19, 2003, Copy of Building Permit No. 37691 for
Construction of Deck Addition & Alter an Existing Unfinished Room to a Bedroom Dated
December 14, 2012, Copy of Certificate of Occupancy No. 35021 for Run-in Shed Addition to
an Existing Barn Dated June 24, 2011, Four Pages of Deed Between Landmark Properties of
Suffolk, LTD and William A & Vicki Toth Dated September 24, 2001, Copy of LIPA Bill, Copy
of Cable Bill, Two Pages of Findings & Determinations No. 5164 Dated October 3, 2002, One
Page of Photos, One Page of Property Record Card (Both Sides), Four Pages of Plans Showing
Survey, Floor Plans & Elevations Dated April 20, 2001 Prepared by Robert James Higgins-
Architect.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 1/15/13
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
RECEIVED
Toth, Vicki and Bayview 1006 $750.00
6627 Farm B&B
JAN I 5 20~
$outhold TOW~ Qerk
$750.00
By lc Thank ou.
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 01/15/13
* * * RECEIPT * * *
Receipt: 145666
Transaction(s):
1 I
ZBA Application Fees
Reference Subtotal
6627 $750,00
Check#: 1006
Total Paid: $750.00
Name:
Toth, Vicki
425 Jacobs Lane
Southold, NY 11971
Clerk ID: CAROLH Internal ID: 6627
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
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 7, 2013
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, 63095 Main Road,
P.O. Box 1t79, Southold, New York 11971-0959, on THURSDAY~ MARCH 7, 2013:
2:00 P.M. - VICKI TOTH #6627 - 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 three (3) bedrooms for lodging and serving of breakfast to the B&B
casual, transient roomers. Location of Property: 425 Jacobs Lane (corner Main Bayview
Road) Southold, NY. SCTM#1000-88-1-1.5
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
Vic ki. Toth{~,Town. Southold.ny.us
Dated: February 5, 2013
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
February 11, 2013
Re: Town Code Chapter 55 -Public Notices for Thursday, March 7, 2013
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 Suffolk Times.
1) Before February 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 all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Southold Town Assessors' Office, or Real' Property Office at the County Center, Riverhead. If
you know of another address for a neighbor, you may want to send the notice to that address as
well. If any letter is returned to you undeliverable, you are requested to make other attempts to
obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability,
and to confirm how arran.qements were made in either a written statement, or durin.q the
hearin,q, providin.q the returned letter to us as soon as possible;
AND not later than February 25th: Please either mail or deliver to our office your Affidavit of
Mailin,q (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 27th: 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 Posting for receipt by our office before March 5, 2013.
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
SOLrFHOLD, 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 #I000~/.,.. l- ['
COUNTY OF SUFFOLK)
ST^TEOFNEWYO=)
~) LA._'-~O~. ~__ , New York, being duly sworn, depose and say that:
On the (2~"~ day of ,201~, I person~ly placed the Town's
Official ~ wi~ ~e date of he~ing a~atmre of my ~plication noted thereon,
s~umly upon my prope~y, located ten (10) fe~ or closer from the s~eet or right-of-
way (~veway en~) - facing ~e s~eet or facing ~ch s~eet or right-of-way en~,*
~d ~at
I hereby confirm that the Poster has remained in place for seven (7) dg.vs~ prior to the_.~ ~0 ~.~'~
date of the subject hearing date, which hearing date was shown to be [~"~C~2J/~ [ ~
Sworn to before me this
~9 Day of 1~2~r-CJ/~, 201 ~
OllNNIImllml AN{~
NO. 0~4~
Qualmed In ~uffolk OOUlay
C_.ommimaion ExlWre~ .January 14.
* near the entrance or driveway eh,trance of my property, as the area most visible to passerby.
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
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, Vt e-J~,-/'D'"~ residing at L/-~c::~Cc~9'5 /-D ~otk~01CL
New York, being duly sworn, deposes and says that:
Onthe /'3 dayof F.e~O, , 20/ ~, I personally mailed at the United
States Post Office in~_~0 tL'gP~ ~! c/. , 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 ()0 Assessors, or ( ) County Real
Property Office for every property which abuts and is across a public or private street,
or vehicular right-of-way of record, surrounding the applicant's property.
(Signature)
8wom to' before me this
(Notary PUblic)
CONNIE D. BUNCH
Notary Public, State of New York
No. 01 BU6185050
Qualified in Suffolk County
Expires Apr;I !4 '~_~_~
Commission
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.
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LEGAL ON USPS.COM ON ABOUT. USPS,COM OTHER USPS SITES
https://tools.usps.com/go/TrackConfirmAction.action?tLabels=70070710000328768219%2... 3/6/2013
ru
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or on the front If space permits.
1. Article Addressed to:
D. Is delivery address different from I~em 1 ? [] Yes
If YES, enter delivery address be'low: [] No
3. Service 3ype
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(Transfer fro,'
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· Complete Items 1,2. and 3. Nan complete
item 4 if Restricted Delivery is desired.
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· Attach this card to the back of the mailpiece,
or on the front if space permits.
C. Date of Delivery
D. Is delivmy address diffe~ from item 1 ? r'l Yes
If YES, enter delivery address below: [] No
[] Certified Mall [] Expmes Mail
[] Registered [] Return Receipt for Merchandise
r'3 Insurad Mail [] C.O.D.
4. Restdctad Delivery? (Extra Fee) [] Yes
8233
PS Form 3811, February 2004 Dom~tlc Return Receipt 102S9502-M-1540
· Complete items 1,2, and 3. Also complete
item 4 If Restricted Delivery Is de. red.
· 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.
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D. Is daiive~y address
~f YES, enter dailv~
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4. Restricted Delivery? (Ex~a Fee) [] Yes
2. A~ticle Number
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; PS Form 3811, February 2004
0710 0003 2876 8288
Domestic Return Receipt
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item 4 if Restricted Delivery Is desired.
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so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
B. Received by ( Printed Name) C. Date of Delivery
D. Isdaiiveryaddmssdifferentfmmlteml? []Yes
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3. Service Type
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PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154~
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Afficle Numb 70B7 071B
(Transfer from
Form 3811, February 2004
0003 2876 8264
Domestic Return Receipt
· Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery Is desired.
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so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
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[] AddressE
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2. Article Number 7007 0710 0003 2876 8295
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PS Form 3811, February 2004 Domestic Return Receipt
' ,)mplete items 1,2, and 3. Also complete
em 4 if Restricted Deliver/Is desired.
Print your name and address on the reverse
so that we can return the card to you.
' Attach this card to the back of the mailplece,
or on the front If space permits.
1. Aracle Addressed to:
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2. A~tlcle Number
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PS Form 3811, February 2004 Domestic Retum Receipt
8226
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
2. Aff~lcle Number
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: PS Form 3811, February 2004 Domestic Return R~ceipt
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- UNABLE TO FORWARD
SOUTHOLD NY
_ 11971
FEB i3, i~
RHOUNT
$6.31
00014728,~
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
MAP #
TOTH, V. & BAYVIEW FARM B&B
#6627
88.-1-1.5
VARIANCE SPECIAL EXCEPTION
REQUEST ACCESSORY BED & BREAKFAST
DATE: THURS, MARCH 7, 2013 2:00 PM
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
#11080
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Ka~*en 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), successfully commencing on the
21st day of February, 2013. - /
/ k. Principal Clerk
Sworn to before me this 2 day of
A VOLINSKI
NOTARY PUBLIC-STArE OF NEW YO~K
No. 01V06105050
Qualified In Suffolk County
My Contmis$1on EXDIreS February 28, 2016
LEGAL NOTICE
SOUTHOLD ToWN
ZONING BOARD OF APPEALS
THURSDAY MARCH 7, 2013
PURLIC ~EAIHNG$
NOTICE IS HEREBY GIVEN, pur-
suant to Section 2~7 of the Town Law and
Town Code Chapter 280 (Zoning), Town
of Southol6. the following public hear-
m~ will be held oy the $OUTHOLD
TOWN ZONING BOARD OE AP-
PEALS at thc Town Hall, -53095 Main
Road. RO. Box 1179, $outhold, New
York 11971-0959. on ~
tic~ XXII Code S~'fiorr 280-11615 and
Arlicle XXIIf C-o~e Section 280-124
2012rupdat~d Sanu~y 3~ 2013 Noflc~ of
tio~ to ex~s~ single ~ dwelling at;
2) bul~ead ~etback of la~tha~ [he code
requirad ?S feet, 2) less tban the code re.
qutxed minimum side yard setback of [0
:[eot, 31 less than the total combined akla
yards of 25 feet, 4) less than the code
requi~ed front yard setback of 3:5 feet,
[neared at: 3455 Bayshore Road (adj. to
Shelter Island Sound) Oreenpo~t, NY.
SCrM#f000-53-6-i 1
TAL LLC ~DANI~L BIrlTAFiUOC0)
· 662B - (Adj. from Pebnaar.] 7, 20[ 3) Re-
quest for Variance from Axlicio ][II Sec-
tion 2fi0-14 and the Building inspector's
October 2[, 20[2 Notice of Disapp:ovai
ba~ed on an application for building per-
mit :[Or constructi6n of a thud story ad-
dition st: 1) more than the code requh'ad
.number of stories of 2[/2,~ located at:
[[6~ ICimborly L~me (adj. to Southold
Bay) Southold, NY. SCTMg1000-?043-
20.?.
· [0120 AJ~ . HARROR VI~W
Request ~or V~---., from Chapter 72,
~ :[I, 72.~ (~), 72-6 (X & S) and the
B-fl~-S Impector'l O~:tober 17, 20[2,
updated January 8. 2013 Notice of
approval based oil an application for
building permit to conve~t a portion of
an existing barn to a farm stand.
less than the code required setback of 50
feet from the road, 2) the criteria of bona
fide agricultural production bas not been
shown, located at: 5000 Cox Lane, Cu-
tchogue, NY SCTM#I000-96-2-10 I
10:40 A.M. - GEORGE and LISA
~ - Appbcant request a
Special Exception under Section 280-
13B(t4). The Applicant ~s the owner
requestmg authorization to establtsh
an Accessory Bed and Breakfast, ac-
cessory and incidental to the res[dentrol
occupancy in this single-family dwelling,
with three (3) bedrooms for lodging and
serving of breakfast to the B&B casual,
transient roomers. Location of Prop-
erty: 580 Skunk Lane Cutchogue, NY
11:00 A.M. - RJJ PROPERTIES
LLC - #6633 - Request for Variance from
Article XXII Code Section 280-116(B)
based on an application for building per-
mit and the Building Inspector's Febru-
ary 5, 2013 Notice of Disapproval con-
cerning a permit for a 12'X8" accessory
shed. at: 1) proposed structure at less
than thc code required bulkhead setback
of 75 feet, located at: 7225 Nassau Point
Road (adj. to Peconic Bay) Cutchogue,
NY. SCTM#1000-111-15-12
11:30 A.M.. GREGORY and CAR-
OL KARAS #6650 - Request for Vari-
ances from Article XXII Code Section
280-116A(1) and Article Ill Code Sec-
tion 280-15 and the Building Inspector's
lanuary 24, 2013 Notice of Disapproval
based on an application for building
permit for an accessory in-ground pool;
D tot> of bluff set back of tess than the
code required II30 feet, 2) location other
than the code permttted front yard on
waterhont property or rear yard, local.
cd at~ 135 Soundview Road (adI to Long
Island Sound) O[icnt, NY. SCTM#1000.
15-3-3
11:60 A.M. · GEORGE LIKOKAS
#66~, - This is a request for a Wa~,~'
of Merger under Article Il, Section
280-10A, to unmerge land identified
as SCTM g1000-31-3-23, based on the
Building Inspector's February 1, 2013
Notice of Disapproval, which states ad-
joining conforming or nonconforming
lots held in common ownership shall
merge until the total lot size conforms
to the current bulk schedule (minhnum
40.000 square feet in this R-40 Resi-
dential Zone District) this lot is merged
with lots 1000-31-3-10 and 1000.31-3-9,
located at: 9775 Main Road aka State
Route 25 (corner Stars Road), 425 Stars
Road (Lot 10) and 455 Stars Road (Lot
9), East Marion, NY, SCTM #'s - 1000-
31-3-23,10, 9
1:15 P.M. - DANIEL MAHONEY
#6628 - Request for Variance from Ar-
ticte XXIII Section 280,124 and the
Building Inspector's November 13, 2012
Notice of Disapproval based on an ap-
plication for building permit for partial
demolifion and construction of a new
single family dwelling: 1) less than the
code required front yard setback o:[ 35
feet. 2) less than the code required mini;
mum side yard setback of 10 feet, located
at: 3930 Stillwater Avenue (corner Track
Avenue) Cutchogue, NY. SCTMg1000-
1:40 P.M. - RAYMOND ST~ONG
tiele III Code Section 230-15 and the
Building Inspector'.s January 10, 2013
Notice of Disapproval b~sed on an ap-
pliCatton for bulJding permit for an ac-
cessory in-ground pool; 1) location other
than the code permitted front yard on
wate~ront property or rear yard, lo~
catad at: 2205 Bayvlaw Awaue (adj. to
Arshamomoqu¢ Pond) Southold, NY.
SCTM#1000-52-5-2
2:00 P.M. - VICKI TOTH #6627 - Ap-
plicant request a Special Exception un-
der Section 280-13B(14). ~be Applicant
is the owner requesting aulhorization to
establish an Accessory Bed and Break-
dentlal occupancy in this single-family
dwelling, with three (3) bedrooms for
lodging and serving of breakfast to the
B&B casual, transient roomers. Loca-
tion of Property: 425 Jacobs Lane (cor-
ner Main Bayview Road) Southol~NY.
The Board of Appeals will h,ar all
persons or their representatives, desir-
ing to be heard at each hearing, and/or
before the conclusion of ~ach hearing.
designatad above. Files are available for
review during regular buaio~ hour~
office at, (631) 765-1809, OI by e
Vicki,TothOYTown. Southold n ¥ u~s.
Dated: February 11, 2013
ZONING- BOARD OF APPE
LESLIE KANES WEISMAN, CH/
BY: Vicki
S4375 Main Road (Office Loca~
55095 Main Road (Mailing/U!
P.O. Box
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
Janua~ 15,2013
Mr. Thomaslsles, Dimctor
Suffolk CounW DepartmentofPlanning
P.O. Box6100
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 #6627 Owner/Applicant: Toth and Bayview Farm B & B
Action Requested: Accessory Bed and Breakfast
Within 500 feet of: ( ) State or County Road
(X)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
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Locatioll:
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
March 22, 2013
Emily Toth
425 Jacobs Lane
Southold, NY 11971
Re: ZBA it 6627 - Toth
Dear Ms. Toth:
Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our
Mamh 21,2013 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. Be advised it is
the Bed and Breakfast owner's responsibility to schedule a yearly inspection as required per code.
If you have any questions, please call the office.
Sincerely,('~- ~
Zoning Board Assistant
Encl.
CC: Building Department
, t: