Loading...
HomeMy WebLinkAbout6763 a, 3uvk�, WU-„ 4S 4- kms, leeei / l ep J7 6) - OIGC eS S� �vC r4kn e A+, to �o Cc eSS0 b Ld 0( , Ser o?-8o- /3 a C l3) PH Vfc)/14 (,SNI� PIP BOARD MEMBERS OF so Southold Town Hall Leslie Kanes Weisman,Chairperson y>L yp 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �O �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU NTI,� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS 8:58 TOWN OF SOUTHOLD At 2 8 2014 Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 21,2014 ZBA Application No.: 6763 Applicants/Owners: Thomas and Kathleen Burke Property Location: 1570 Bray Avenue(corner Fourth Street), Laurel,NY SCT-?bI:#1000-126-7-26.1 SEORA 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 ADMINISTRATWE CODE: This application was not required to be referred to Suffolk County under the Suffolk County Administrative Code Sections A 14-14 to 23. 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. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13)to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property contains 15,000 square feet with 100 feet along Bray Avenue, 150 feet on Fourth Street, 100 feet on the West side and 150 feet on the North Side. The property is improved with a single-family two-story residence and a two story accessory structure. All is shown on a survey by Paul T. Moore L.L.S. dated October 1, 1986 and last revised August 30, 1989. The accessory structure has a CO of record dated June 23, 1981 under Certificate of Occupancy #Z10535 confirming that the accessory garage was built prior to January 1, 2008. ADDITIONAL INFORMATION: The applicant's neighbor spoke against the application. He had concerns about the shrubs limiting the driver's visibility on the 4th street entrance to the property. The applicant testified that she will maintain the shrubs and maintain a clear line of sight along the 4th street entrance. She also testified that 4th street is a dead end road with little traffic. The apartment is currently rented to the applicant's cousin. Page 2 of 3_August 21,2014 ZBA#6763 -Burke SCTM#1000-126-7-26.1 FINDINGS OF FACT: The Zoning Board of Appeals held public hearings on this application on July 10 and August 7, 2014,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and the surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant. In considering this application,the Board has reviewed the code requirements set forth pursuant to Article 111, Section 280-13(B)(13)to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the second floor of the accessory garage with an area of 628.26 square feet of livable floor area in conformity as proposed, as described and shown on the floor plan and confirmed by the Building Inspector in a memorandum titled"Verification of Livable Floor Area"dated June 5,2014 and received by the Board of Appeals on June 16, 2014 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. 3. The applicant herein, owns and resides at the property and will continue to occupy the single-family dwelling as a principal residence in conformance with the code requirements as set forth in Article 111, Section 280-13(B)(13)0, 1-4), and as documented by 2013 Town and County tax bill and a photocopy of Kathleen Burke's driver's license. 4. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article 111, Section 280- 13(B)(13)0, 1-4). In a notarized affidavit dated May 29, 2014 by Kathleen Burke stated that her cousin, Carol George rents the apartment. At the hearing Ms. Burke testified that Ms. George's lease expires at the end of August and that it is her intention to keep Ms. George as a tenant, if she wishes to, or to rent to a person who is on the Town's Affordable Housing Registry, per code. 5. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the site plan or survey by Paul T. Moore dated October 1, 1986 and last revised August 30, 1989. 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which it is located, Page 3 of 3_August 21,2014 ZBA#6763 -Burke SCTM#1000-126-7-26.1 adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4)The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Dantes, seconded by Member Schneider, it was RESOLVED,to GRANT a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an annual renewal by December 31st of each year from the Building Department. It is the applicant's responsibility to apply to the Building Department before December 313` and renew the accessory apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued. NOTE: This Special Exception permit cannot be transferred to new owners Any deviation from the survey, site plan and/or architectural drawings cited in this decision,may 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 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 granted herein. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing � /d 6 /2014 vL er `�eA k4i � N Office Locant' n: QF $Q�jyo Mailin2 Address. l Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 Q Southold, NY 11971-0959 i COU R—L�—chttp://southoldtown.northfork.net 5 2014 D►BOAROF APPEALSTOWN OF SOUTHOLD D �� � pTel. (631)765-1809 Fax(631)765-9064 l� gp P.R TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application No.: #6763 BURKE, THOMAS & KATHLEEN 1000-126-7-26.1 Date sent to Building: June 5, 2014 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: =The a information listed above ble floor area is determined to be rl�� square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: 91-7 4', Signature of review r Date: ,/ Adopted by the Board of Appeals: May 18, 2011 RECEIVEC, JUN E, 7�3 28 . 3' BOARD Kitchen/Dining Area N DN ... Fl FINAL MAP • REVIEWFO BY ZBA � N -SEE DE .iS10N # GATED Y lei lw Living Room Bedroom /U/P FAi IiP C. + F.(i tk Ail. ��•l(c r ` r�Etl� �'6 ! _._ .._,__ ��t, rerecl in acc - - TEST HOZ - df-termination dat T GN.T.S. f � 4 , ND E. - /- Lois Shown ee-fer To " Mop of sect / Groperf of MAP v` • Tu-117,,11 Aad Ot-her5 " Fi/ed don /5, /929 No. �6/ e No Publrc Water or SEwEr Top9o'/ t l Y Loam ! II MAT T _-/3,_ z r: Nov 1 TOwn/ D OF I N UQi7. nd �� S`c _ � tit PEAS-S a. G ove/ N �Fl AREA �OARD O I NfF Gar{►eri ae �nn 5�,�t{� i (.i(.!3 THE WATER SUP r io" Ovehongs L of s� t SYSTEMS FOR T /sr Fr ow . ..., TO THE STAND y s DEPART APPLICANT pipe L 07' N &,9 X 13 ' /O��E ! 1,50..V0 He/d pROFas D +r Poo�S \ FKT+. ; � z`f Q EEC H 'S'_ :•..� . 3 Lot PRo 57,e P��c' O1 ;1 a � srok t- �� fRF.�c O 4 Sty Fr O SUFFOLK COUNTY =��� u ylELl2'N� - _� _ 110 • } W FOR APPROV% A -1 m Goroge wit/J M Y / (Ntudiover r lR h Sty Q I F [. �o neo a'jo'71 or i .C' DATE 2 7 , r t 3.5' 22.Z t {; {; 111 .� 3 APPROVED- i� � pe- Tharp 24.3' /5.Z' . - =.�- __ QV KQ th FINAL IVlF i N. REV i % ` : 3Y ZB t 58 I a Fi,.ruR� D�cr` 0 i E J )eoberf W. f P '` cJah�s�n ' SEE ; =��a # a :T � /S57014 8-- ? 5/ m — ��opaSE> PiEu f l F 'W C 045 11./7Z _ S- l09 O i3 /0" W6114-40 ¢ -F. ---- -- — — - , --- _— _ — - Gni \� STRE T -,E/ 14.5 JE/./4.7 . �-ou�eTi� � - 0,r4 Roo& t irE Vc�con t i l �+6V Cie, Q TEST HOZ . . NOTE ' .75. A , Shown 2efer To " /+�aP of Sect i PropeFt �tis Tuth,// And Others Fi/ed JO19. 1-5_190q A,/&,,i4l P7�:���:,�� Too o�I 2. No Publlc Woter or- Sewer- 6&1-we6 . �" .._.:_... �.a� Loam —r30— R EIVET 1g 1989 TOWN OF 60417-HOLD Q i �5UFFDL K' COUAI TJ, NEW y©Q,t' JUN U 3 ZIN fP�' OF VICES u,�4 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES BOARD OF APPEALS °; 6 ovel 0 m FOR APPROVAL OF CONSTRUCTION ONLY 13 " so DATE HS REF, NO, to" Overhon S L d f J' lsa 7 , V� wa z x A w. .. r SYFF01 k' 4©INJY TAX MAP = .. sE�rz rAJvrc S ,ce D/sfrrct lOOQ + 4 rv) dock ?.DO , ^` �:, Z5 09 j Lot 57 t RoPbS 'x► d �.' i 2 5t �; 2 s �. THE WATER SUPPLY ANDV1tAGE DISPOSAL 4 y SYSTEMS fOR THIS RESIDE WILL CONFORM GorAgC With ' we, tNv - © _+ _ THE"STANDARDS OF THE SUFFOLK COUNTY / Studio over � r:__- �ty �. - r DEPART._LENT-O HEA H S VICE Fr q V 40• ,K P7 /a' ac sr � L ra A t,wnr�G • Tsr - . _ _ " p / ' , • tou� I Thamchs D. ` q a - 14" ea th lees Burke _.. _ � � I �� � I �✓,er•h mod 54 v�ng5 Bank • e _ Amery con T,NeIn8 Co f # {, } Q Lot g vYe.raEc . 0 1 Thomos D. 4 x'cathleer M f3urk& cJt�hnen tJ l wooDEao 1C71eE14 -�- _.�� � Isco BaaY Avenue /V,f; //9Y9 a I sib W£u- (514 296-8801 1 r s- _ ° 9 E�./7z 15. �► �,��31,5G. 7 03E ' l -- — — �- -- - --_ – — _ OGM- i \ / /45 14.7 ZAZ ez=::, )C-041R t25" e-o. W� 7-,e 7 PAUL T. M00RE Q,rt good 4 LICENSED LAN0 .511k'v6yoR _ ---- - - --- - -- T- - -__ -! VOCOr7t I 1 kFv Ocr. 13, /189 WC4k+Cap:00L.TNX:D Rev, 4c. 'Re 14 8,1 ie. A, TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Phone(631)765-1809 (631)765-9064 RECEIVED APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN N 0 g 2014 ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Application No.: Cp�(v116 BOARD OF APPEALS Date Filed: YYLU �I1 Z0 4 Applicant(s)Name(s) a1n cer, VoJ Uqw 6 LA jc 1r P Applicant(s)Address (House No.,Street,Himlet,Zip Code and mailing addrest if diffe ent from physical address) Applicant(s)phone number(s) MI/we are the owners of the subject property am the agent for the property owner and my Letter of Authorization and Transactional Disclosure Form is attached. A. Statement of Ownership and Interest: _T,_lc��CI I (� �,(, is(are)the owner(s)of the property 0 known and referred to as 6-7© br,(--Ly A L a,vc-P I House No. JStreet Haml t Zip Code Identified on the Suffolk County Tax Maps as D* tri t 1000, Section��Block _ Lot(s) r I" Lot Size Zone District Mas shown on the attached deed and survey The above-described property was acquired by the owner(s)on 1qq I/we hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to Section §280-13B(13)of the Zoning Ordinance to establish an accessory apartment in an accessory building as shown on the attached survey/site plan and floor plan(s) B. Project Description: c� onsbedroomm�-I-, C. The applicant alleges that the approval of this special exception would be in harmony with the intent and purpose of said zoning ordinance,and that the proposed use conforms to the standards prescribed therein and would not be detrimental to propeM or persons in the neighborhood for the following reasons: t nCJ U A''Ito CLGCe6 5 o�-n d CLA t r RECEIVED D. The applicant alleges that the following standards prescribed by Section §280- (o 3 13(B)(13)(a)-(k)of the zoning ordinance will be met: JUN 0 3 204 a. The accessory apartment will be located in the accessory building. b. The owner of the premises shall occupy either the existing single-family dwAW&0 F APPEALS accessory apartment in the detached accessory structure as the owners' principal residence.The other dwelling unit shall be occupied by a family member as defined in Section §280-4 of the code or a resident who is currently on Southold Town's Affordable Housing registry and is eligible for placement,evidenced by a written lease,for a term of one or more years. c. The accessory apartment shall contain no less than 450 square feet and does not exceed 750 square feet of livable floor as defined in Section§280-4 of the code d. The accessory apartment will be located on one floor of the accessory building and will contain only one full bathroom. e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey. f. Not more than one(1)accessory apartment shall be permitted on this parcel. g. No Bed and Breakfast facilities,as authorized by Section§280-13(B)(14)hereof shall be permitted in or on the premises for which an accessory apartment is authorized or exists. h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. i. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. j. The existing accessory building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008,and is attached hereto. k. The existing building,together with this accessory apartment,shall comply with all other requirements of Chapter§280 of the Town Code of the Town of Southold. 1. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. E. The roperty which is the subject of this application(check all that apply): >dhas not changed since the issuance of the attached Certificates of Occupancy [ ]has changed or received additional building permits. Certificates of Occupancy for these changes are attached or will be furnished [ ]has been the subject of a prior ZBA decision(s),copies are attached Owner Signature COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) Sworn to before me t ' day of ,20 / (Notary Public) Revised 06/2011 VICKI TOTH Notary Pu of New York Qua NO. `in 91 0696 Commission FXDires, pliv 9R ip RECEIVED QUESTIONNAIRE JUN 0 3 2014 3 FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? BOARD OF APPEALS Yes _>�_No B. Are there any proposals to change or alter land contours? �X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? N d 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? N& 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? On E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? j?p Please show area of the structures on a diagram if any exist or state none on the above line. '1 F. Do you have any construction taking place at this time concerning your premises? N 0 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. 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. H. Do you or any co-owner also own other land adjoining or close to this parcel? A)o If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel n% +c am, T�,ie�1Irl and the proposed use Ck&mQ �7 �F . C (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date RECEIVED AGRICULTURAL DATA STATEMENT JUN 0 2014 ZONING BOARD OF APPEALS 1-63 TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit,site plan approk4 use variance,.,or subdivision approval on property within an agricultural district OR within S00 feet of a farm operation located in agricultural district~All applications requiring an agriculttirul data stateanent must be referred to dw Suffolk County Department of Planning in accordance with sectiu'tes 239= m and 239-;n of the General Municipal Laiv 1)Name of Applicant; . 2)Address of Applicant: p 3)Name of Land'Owrier(if other than applic 4)Address of Land Owner: 5)Description of Proposed Project: 6)Locat onof Property(road and tax map number): 7)Is the parcel within an agricultural district?,kNo 0Yes If yes,Agricultural District Number _ 8)Is this parcel actively,farmed?R10 n Yes 9) Name and address of any owner(s) of land within the agricultural district containing active faun operations)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 - 1 , 2. 3. 4. 5: . 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained,in advance,whenrequested from the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765-1809. Si atureo ' gn Applicant Date Note: 1.The local boaid 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 consideratiofi as part of the overall review of this application. 3.The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 PF-(-PT\/Fn TOWN OF SO OLD: TOWN & COUNTY 2013 TI&XES FISCAL YEAR: 12/01/2013 to 11/30/2014 WARRANT OW 12/04/2013 STATE AID-COUNTY:$271,823,941wTOWN: $1,623,600.00 BANK BILL NUMBER PAGE MAKE CHECK PAYABLE TO: 016261 1 OF 1 PROPERTY INFORMATION: D TAX MAP#:473889 126.-7-26.1 RECEIVE DIMENSION: 0.34 acres RS: 1 CLASS: I Family Res oil I- JUN 0 3 20!4 ADDRESS: 1570 Bray Ave J SCHOOL: Mattituck School (p`J FULL MARKET VALUE: 474576.00 PROPERTY OWNER: BOARD OF APPEALS UNIFORM% VALUE: 1.18 ASSESSMENT: 5600 Burke Thomas Burke Kathleen Exemption Value Full Value Tax Purpose 1570 Bray Ave STAR-BASIC 650.00 55085.000 S Laurel,NY 11948 LEVY DESCRIPTION TAX LEVY I rYRom RATE TAXABLE VALUE AMOUNT DUE SUFFOLK COUNTY TAX 54287505 0.0 18.59600000 5600.00 104.14 NYS REAL PROP TAXLAW 966250 -15.2 8.94800000 5600.00 50.11 MTA PAYROLL TAX 1741490 -45 0.58200000 5600.00 3.26 OUT OF CTY SCCC 78917 0.0 0.73200000 5600,00 4.10 SOUTHOLD TOWN TAX 28428320 1.5 265.79800000 5600.00 1488.47 MATTITUCK SCHOOL 34707295 3:3 862.13200000 5600.00 4827.94 MATTITUCK LIBRARY 1288495 2.2 55.55500000 5600.00 311.11 MATTITUCK FD 1856817 1.9 78.38100000. 5600,00 438.93 MATTITUCK PARK 404860 -0.4 17.090000Q0 5600.00 95.70 SOLID WASTE DISTRICT 2112394 0.2 20.19500 w 5600.00 113.65 WASTE WATER DISTRICT 105200 -IA1.08200000 5600.00 6.06 STAR SAVINGS 0t0 . 0,0oclo .M.. 0.:00; -551.00 ppYIYIE41%,i2> E1VEI1 *h Receipt#:4695 Date Paid:12/24/2013 1st Instalment°Payinettt-LockBot`Payment Tax: 3446.23 Penalty: 0.00 Surcharge: 0.00 Notice Fee:0.00 Ret.Check Fee: 0.00 Cash: 0.00 Check: 3446,23 Check#: Received from Burke Thomas-Via Lockbox:$3446.23 Receipt#:24627 Date Paid:05/29/2014 2nd Installment Payment Tax: 3446.24 Penalty: 0.00 Surcharge: 0.00 Notice Fee:0.00 Ret.Check Fee: 0.00 Cash: 0.00 Check: 43 46.24 Check#:5541 . Received from Burke Thomas-Via Counter:$3446.24 TOTAL TAXES PAID TO DATE: $6892.47 Printed on:05/29/2014 02:48:50 PM RECEIVED JUN d 3 2014X03 BOARD OF APPEALS eQ-n.--M Lur Ve, t CL, �24� o4 VICKI TOTH Notary Pu06 of New York No 01`t06190696 Qualified in Suffolk County Commission Expires July 28.2D_I_< FORM NO. 4 RECEIVED TOWN OF SOUTHOLD JUN U 6 763 BUILDING DEPARTMENT e� 20114 Office of the Building Inspector Town Hall Southold, N.Y. B®ARD OF APPEALS CERTIFICATE OF OCCUPANCY No—Z-20634 Date JULY 1, 1992 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1570 BRAY AVENUE LAUREL, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 126 Block 7 Lot 26.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 6, 1992 pursuant to which Building Permit No. 20456-Z dated FEBRUARY 28,_ 1992 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 ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to THOMAS & KATHLEEN BURKE (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 89-SO-100-JUNE 12, 1992 UNDERWRITERS CERTIFICATE NO. PENDING JUNE 4, 1992 PLUMBERS CERTIFICATION DATED JUNE 23, 1992 - FRANK MEYER i ding Inspector Rev. 1/81 FORM NO.4 RECEIVV7� TOWN OF SOUTHOLD .3 BUILDING DEPARTMENT JUN U 3 Z014 Office of the Building Inspector Town Hall BOARDOF Southold,N.Y. p�pEp, Certificate Of Occupancy No. . . . . 210535. . . . . . Date . . . . . .June23. . . . . . . . . . . . . . . . . .. 1981. THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . . . 15 7 0 $ray. Avonu•r. . . . . Laurel 4 .II*W .York. . . . . . . Shue[ . . County Tax Map No. 1000 Section . . . . . . . . 1 P6Block . . . . . . . .T. . . . . .Lot . . . . . . . . .?6 . . .. . Subdivision . . .4r.4.T w tA4I I. . . . . . . . . . . . . . .Filed Map No. 46). . . . .Lot No. 5.7 . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . kUgusx. .15. . . . . . . . . . 1979.pursuant to which Building Permit No. 3 0.3.9 6. ;. . . . . . . . . . . . . dated . . e P t emb e r 14 . . . 19 .7 9,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 . . . . . . . . . . . . . . . . . . .4;gP.sgQrY. .40X4410K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . .Clitreaes and Virginia M. Barry. . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . .NIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co Building Inspector Rev.1/81 r I � —Ply ,► iii.- a t 6, w r a i t j a 3 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD ,¢ r OWNER STREET 1,5 7p VILLAGE DIST. SUB. LOT �5 *S FORMER OWNER N E ACR. j2JEjip= (�)« r S W TYPE OF BUILDING e RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r ,,5 P J Ns P a Cf w ..... leo 192-- 176 L ! (D (two PX-v !OC? ©�/V &I'a / 1 Z f RECEIVED Tillable FRONTAGE ON WATER t3UAKD OF APPEALS Woodland _ FRONTAGE ON ROAD QQ - E Ye- L,, Meadowland DEPTH — House Plot BULKHEAD Tota I r� *'}^----_.. '.e3 �. fI �u r♦met"' f. L'.,'Sq�� S.'`:".: _ RECEIVED ��� • .a� i{�� �• t� Ii�... Tra .."fit��,� f JUN 0 3 2o14 LM) APPEALS -!� A; _ - - ce 126.-7-26.1 2/05 qoxrqT • •• • ` •ath M. Bldg. I Basement • •• Extension r� PlaExttension ce c Porch ... . Floor Rooms 1st :. OF ,.�Breezeway . .. Garage ._ jRooms . Driveway :.: ..+ A C • ! ! b • Ari ®iiiiii■■iiiiM ti■ilii■■■iii■ ®iliiiiii■iliilHi ®liiilillllii■ ■ illi■®�iiiiiw R iii® �m!w ■■iiiiENEEME 10 ■ilIliiiliill 'iii 1 1 1 L.s r EMN -MISiiiii■iiii s + ♦ 7 VIII �� ' x 0 RECEIVED 617.20 JUN 0 3 214 Appendix B / Short Environmental Assessment Form BOARD OF APPEALS Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. ZProject and Sponsor Information -4hl m 6u_o Ke- Name of Action or Project: Project Loc tion( scribe,and attach a location map): 16-)o ro-v Rum ro I1 8 Brief Description of Proposed Action: NZ-4 of Applicant or Sponsor: Telephone: I h m E-Mail: Address: 15 O b rot, a City/PO: State: Zip Code: k'o-urel Vv l (q q$ 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? AQacres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Pagel of 4 RECEIVE[* 5. Is the proposed action, JUN 0 3 2014 NO _YES N/A a.A permitted use under the zoning regulations? 63 b.Consistent with the adopted comprehensive Ian? BOARD OF WEALS- 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: -1 I.Will-the proposed action conneeffo exisfing wastewater utilities? -N0 -YE - - If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: , l t 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES e,3 Page 2 of 4 JUN 0 3 2014 _2 18.Does the proposed action include construction or other activities that result in the impoundment o N E water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: x 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE _t"� Applicant/spon or name: Date: 51,3 Cf faol� Signature: Part_2-_Impact.Assessment._The_LeadAgency..is-responsible-for-the-completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact 4 � ' may may t OCCUC OCCUr jn 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED JUN 0 3 2014 No,or Moderate small to large impact impact BOARD OF APPEALS may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ 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. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 . DECEIVE® JUN 0 3014 BOARD OF A P ALS .APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (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's or company's name.) NAME OF APPLICATION: (Check all that apply.) N I A Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company;spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? ".Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a 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 _ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi ol day of Q, 204 Signature Print Name Form TS 1 FORM 3256 Standard N.Y.S.T.U. Form 8007 Bargain and Salo Iked with Covenant against Grantor's Act. •— Individual or CL4,- tl. , �1� p�c7t CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 10 .91 ft sz �F 18�.4f3 , THIS INDENTURE, made the / day of �la✓r.�i6cjG , nineteen hundred and a i5A�7 3� BETWEEN t CLARENCE J. BARRY and VIRGINIA M. BARRY, his wife , boot residing at Box 910, not Bray Ave. , Mattituck, NY 00 RECEIVED party of the first part, and JUN 0 3 �� l 4 �- •� THOMAS BURKE and KATHLEEN BURKE, his wife,B iDzQ�jj h Aj-e 1295 Bay Ave . , Mattituck, NY party of the second part, • 1Z �r 0 02 5 a tJ a, OO p WITNESSETH, that the party of the first part, in consideration of Pa ,00 o0C Ten ($10.00) an d 00/100------------------------------- dollars, 0700 lawful money of the United States, and other good and valuable consideration paid 0-1(^0C'0 by the party of the second part, does hereby grant and release unto the party of the second part,the heirs or successors 0.2 S, Oo 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 PARCEL I Town of Southold, Suffolk County, New York, known and designated as Lot Number 57, on a certain map entitled, "Subdivision Map Section One of Property Of George I. Tuthill and others; situate at Laurel, Town of Southold, -� New York" surveyed March 28, 1928 by Otto W. Van Tuyl, �au Greenport, New York, Surveyor, and filed in the Office of the Clerk of the County of Suffolk on the 15th day of January, 1929 as Map Number 861. Together with the privilege in common with others to .,� use a right of way leading from the Boulevard, so called, to Peconic Bay, which said privilege is contained and recited in a deed to George I. Tuthill, et al. , dated April ni 17, 1928 and recorded August 13, 1928 in Suffolk County Clerk' s Office in Liber 1368 of Deeds, at Page 24. PARCEL II ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, �2 lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, known and described as Lot #58 on a certain map entitled "Subdivision Map, Section 1 of property of George I. Tuthill and others, situate at Laurel, Town of Southold, New York", surveyed March 28, J1928, by Otto W. Van Tuyl, Greenport, New York, surveyor and filed in the Office of the Clerk of the County of Suffolk on the 15th day of January, 1929, as Map #861 , being bounded and described as follows: a RE REQ, q�� � 12 i986 ;` 1ULIETTE A. KINSELLA .alarlc d Su�.tr�is County -- -------- RECEIVED 10191 P� 63 JUN 0 3 2014 BOARD OF �3 APPEALS w ' BEGINNING at a monument set at the corner formed by the intersection of the Westerly side of Bray Avenue with the northerly side of Fourth Street; running thence South 69 deg. 13' 10" West, along the northerly side of Fourth Street, a distant of 150.00 feet to a stake; thence North 20 deg. 46' 50" West, a distant of .50.00 feet to a pipe; thence North 69 deg. 13' 10" East, a distant of 150.00 feet to a stake set in the westerly side of Bray Avenue; thence South 20 deg. 46' 50" East along the westerly side of Bray Avenue, a distant of 50.00 feet to a monument set at the point or place of BEGINNING. SUBJECT to covenants, restrictions, easements, reservations and agreements of record. BEING and intended to be the same premises (Lot 57) conveyed to the party of the first part by deed dated July 10, 1979 and recorded July 25, 1979 in Liber 8664 page 403 BEING and intended to be the same premises (Lot 58) conveyed to the party of the first part by deed dated November 21, 1985 and recorded December 20, 1985 in Liber 9941 page §6. l SG / //LI Li.6u✓c 19,e A •,►ef u 4 [/ 110.✓1 O►f C-11 a d G A p r'rA-h e p EC 4 QAC 12 1986 JIILIETTE A. KINSEUA 1' '01" d M-4* Count lcmn SIVAan lr..t rr northeast region X 91 PCi 64 Title No.07-110246'" Policy No. ��C • SCHEDULE A . Amended D of NOE' ALL that certain plot, piece orparcel of 1Countsituate# py(J P� lying and being at Mattituck, Town ofY of Suffolk and State of New York, known and described as Lots Section 57 and 58 on a certain map entitled, "Subdivision Map, 1 of property of George Is Tuthill and others, situate at Laurel, Town of Southold, New York" , survey March 28, 1928, by Otto . W. Van Tuyl, Greenport, New York, surveyor and filed in the Office of the Clerk of the County of Suffolkon the 15th day of January, 1929, as Map #861, being bounded and described as follows: BEGINNING at a monument set at the corner formed by the intersection of the Westerly side of Bray Avenue with the northerly side of Forth Street= RUNNING THENCE South 69 degrees 13 minutes 10 seconds West, along the northerly side of Forth Streetr a distant of } 150.00 feet to a stakes THENCE- North 20 degrees 46 minutes 50 seconds West, a distant of 100 feet: THENCE North 69 degrees 13 minutes 10 seconds East, a distant of 150.00 feet to the westerly side of Bray Avenues THENCE South 20 degrees 46 minutes 50 seconds East along the westerly at point oreplace ofistant of BEGINNING100 feet to a monument set P fur Gr,.yrar..t only �~ •• . Tusrlber rub dl ri jbr, Arlt dad ialews o/, is asd to my urttsi and roads.aWlisb $bt aburt deVribtd presfiul. Our policies of title insurance include such buildings and itrarcwmants thereon which by law constitute rod property,unless specifically excepted Theron. Now.s the time to determine whether we have examined ail of the propene and 9aaements which you desire to be insured. If them are epptrneant 0029- ments to be insured.please request such insurance. In aom9 uses,our rate manual provides to an additional charos for such inwranoe. T q�C RECORP ED. Y2 1988 JULIETTE A. KINSED- ` <t3! arJc of Suf�Ic County. * * * RECEIPT Date: 06/06/14 Receipt#: 171407 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6763 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#5943 $500.00 Burke, Kathleen Marie Name: Burke, Kathleen Marie 1570 Bray Ave - Laurel, NY 11948 Clerk ID: CAROLH Internal ID:6763 �O�Og�FFO(,�-�O ELIZABETH A.NEVILLE,MMC r/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 cn Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER 'y� �`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.� `�►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 6, 2014 RE: Zoning Appeal No. 6763 Transmitted herewith is Zoning Appeals No. 6763 for Thomas & Kathleen Burke-The Application to the Southold Town Zoning Board of Appeals for Special Exception Permit for an Accessory Apartment in an Accessory Building. Also enclosed is the Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, Copy of Kathleen Burke's Driver's License, Copy of Real Estate Tax Bill, Statement from Kathleen M. Burke as to tenant in Apartment, Certificate of Occupancy No. Z-20834 for One Family Dwelling dated July 1, 1992, Certificate of Occupancy No. Z10535 for Accessory Building Dated June 23, 1981, Photo of Accessory Building, Two Pages of Property Record Cards, Three Pages of Deed Between Clarence &Virginia Barry to Thomas Burke &Kathleen Burke Dated November 21, 1986, One Page of Floor Plans, Two Pages of Survey Showing Property Dated August 30, 1989 Prepared by Paul T. Moore Licensed land Surveyor. I am 1001 against allowing an accessory apartment to be built so close to my house! I want my statements and evidence to be entered into the record here today! If this was just a house and garage like the town says it's supposed to be; we would all not be here today! I moved into my house in 1990. The Burk's lived next store to me above the garage. I was not comfortable living that close to another family but I think Burk said they were building a house soon and moving into it. So I assumed the garage would be empty after the move. I was wrong. Not long after a brother moved in upstairs. Which is what began my many trips to the town complain about the illegal apartment over the garage. I would guess that from 1992 to present there have been a dozen tenants who live upstairs in the apartment. Some for a month, some for several years. The 1992 letter from the town to the Burks is a really sad thing for me to read. I have had over 20 years of harassment from both the owners and renters! Question, Why did the town mail the 1992 letter and 2007 letter and stop? Someone in the town dropped the ball! Also if you approve this, you are rewarding illegal behavior. Is this the message the town wants to send out? If you allow this to happen you will be changing the neighborhood. Any separate accessory apartment falls under the Town Housing Advisory Committee. "The Affordable Housing Act" If you deny the application what happens next? Does the ZBA or the Town Attorney get involved? Does the gorge go back to being empty space? Bare beams and rafters etc...? I don't have too much faith in what is going to happen here? The route 48 example? 1 have to look at this every day. How would you feel getting up every day having to see this? I'm a self-employed carpet cleaner. I work very hard and some days I work over 10 hours. Would you like to have to deal with this at the end of you work day? How do we get notified of the decision? Ale 1. It's an encroachment on my privacy! Resale? 2. Photos for proof. 3. Barrier-Berm I had to install fence? Bushes and extra wood on fence don't block noise! 4. Transient tenants? My cat Incident 2007. This is the saddest thing about the town not acting in 1992. 5. 1 installed security cameras. 6. All expenses to me none to Burk. Le. Fence, Security Cameras. 7. 1460 Bray Avenue. In 2004 Part of house was removed to comply with proper dwelling set back from property line. 8. From the photo? Would anybody like this to be their view? 9. Reward them for breaking the law? 10.Greed. That's all this comes down too! fol // c' �r z �� i Personal 1. Snow Blowing Incident. A neighbor who use to live across the street from Burk offered to snowblow out the dirt road and my driveway for 20 bucks. When Bill started doing this Burk came running screaming out of his house; shouting loud "stop blowing the snow in my yard its killing the bushes! Or I will put your face into the snow and make you eat it" 2. Parking Incident. I got tired of telling the tenants not to park in the dirt road blocking it. So I parked my pickup truck in Burks front driveway so he could not park his car. By pure chance he was coming home at the same time and saw me get out of my truck and tried to hit me with his car as I was walking away. 3. Verbal Abuse. This is only one of many; I was called a fat mama's boy; when he called me out to fight him in the dirt road. I was walking away when he said it! 4. The Cats Killings-A felony 2007 Southold Town PD report 5. Tenants parties on the deck. Blocking the dirt road. 6. Verbal abuse from tenants on the deck when I walk by to go into my home. ( clown, dummy, pain ) 7. Vacation. I have been afraid to take a vacation and leave my house and cats along again since the cat killing in 2007 So I have not left my house over night for any reason since my Florida vacation in 2007 y� � 1 f �(VV �j 8. Around 1992 1 came home one day. Mrs. Burk was inside my house talking with my ex-girlfriend Sharon and Mrs. Burk car was parked in front of my house. After a short amount of time she left. I asked my girlfriend what that was about and Sharon said; that Mrs. Burk told her she was hiding from the town. That the inspectors were coming over to check on the property and she did not want to see them! 9. About ten years ago a woman customer was looking for my house to hire me for some rug cleaning. When she pulled into my driveway she commented; "your neighbor is not too friendly" I asked why? She said she asked the tall man (who lives at the Burk property) if he knew where Bob's carpet cleaning was? His reply was that he growled at her! C In ?007 u them, according to the report. Police Police . • said Mr.Vasquez was inebriated. • Four children sustained minor in- R' juries in a two-vehicle collision on ►F35rom page �. Route 48 at Westphalia Road in Mat- let on a charge of possession of a con- tituck at 6:41 p.m. Tuesday. The ac- trolled substance.He was picked up in cident occurred.when a 1999 Dodge the parking lot of a convenience store westbound on Route 48 and driven at 1:12 a.m.last Thursday. by Mario Chacon-Rac, 28, of Holly Yarrow Berg,21,of Peconic was ar- Spring,N.C.,ran a newly installed red :ED PQTA rested on Route 25 in that hamlet at light and struck a 2006 Ford driven by 3:55 a.m.Sunday on a charge of driv- John Dumblis, 56, of Mattituck. Mi- , ing while intoxicated and illegal pos- chael Chacon,6,and Jordani Chacon, �z session of marijuana.He had a plastic 1, of Holly Spring,.N.C., and Charles ` bag containing the marijuana in his Dumblis, 11, and Elizabeth Dumb- iHErs possession, police said. He was held lis 10, of Mattituck were all taken for arraignment. to Eastern Long Island Hospital for Angus Walker, 62, of East Marion treatment,police said. r► was arrested on a DWI charge on No one was injured,but truck driver x Route 25 in Cutchogue at 10:02 p.m. Altair DaSilva,47, of Milford Mass., RICE & FRES" I � Tuesday.Polic a observed Mr. was cited for exceeding the truck W r vehicle height limit after his vehicle caught a nto the roadway and stopp im wire on Route 48,pulling wires from a eY �n and discovered that he was into ' utility pole to the ground at 10:48 a.m. I2FGE & catecl. Saturday The pole struck a vehicle be A Fourth Street, Laurel, man re- ng driven by Anne Vanmater, 45, of �A•+ ported that while he was out of town uthold. Traffic was delayed for an from April 25 through 28, someone h ur by a road closure resulting from C+ killed his cat by cutting its throat and th accident,police said. - { its tail. He said there were two other lice are investigating an incident SPtIFaCFiy wITH MASHEDIATT ll incidents in the area of cats having at t e Greenport Municipal Water their tails cut.Police are continuing to Plan where someone put glue in the ' investigate the case.A friend who was loc of a change machine and a water 4i, caring for the cat found the body and dis ening machine.A village worker 4 called the owner,police said. re orted the problem at 11:02 a.m. a= a Fx Kenett Vasquez, 25, of Riverhead pri129. ` 4- was arrested on a charge of disorderly Union protesters at Mattituck High itrlir r conduct on Third Street in Green t- School agreed to move a large inflat- m.Sunda .Poli y were able rat they had placed at the front . called to the site by an anonymous parking lot entrance during a demon- tip that there was a fight in progress. stration at 7:18 a.m.Friday.Police said T. YS. ALL YEAR When they arrived, Mr.Vasquez was it was interfering with traffic and they 631.765.2111 using obscene language and when were concerned that it posed a danger police tried to calm him,he swore at to cars entering and leaving the site. ftk � y -(O"IAI INSPECTORS �j l Victor Lessard gUFFD��►`,o Principal Building Inspector p Curtis Horton Gyp SCOTT L.HARRIS,Supervisor Senior Building Inspector y Southold Town Hall Thomas Fisher ^► P.O.Box 1179,53095 Main Road Building Inspector �► . '� � Southold,New York 11971 Gary Building Fish �Oj �►'a Fax(516) 765-1823 Telephone(516) 765-1800 Vincent R.Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector OFFICE OF BUILDING INSPD29, 1992 Telephone(516) 765-1802 TOWN OF SOUTHOLORDER TO REMEDY VIO ODate TO: Thomas & Kathleen Burke 1570 Bray Ave. Laurel, N.Y. 11948 PLEASE TARE NOTICE there exists a violate Zoning Ordinance - CHAP. 100 Other Applicable Laws, Ordinances or Regulations at premises hereinafter described in that: AN ACCESSORY BUILDING IS BUNG USED AS A DWELLING UNIT WITHOUT NECESSARY PERMITS.. In violation of CHAPT.100 - 100-30A.2 (1) & 100-31A YOU ARE THEREFORE DIRECTED AND ORDERED TO comply with the law and remedy the conditions above mentioned IMMEDIATELY The premises to which this ORDER TO REMEDY VIOLATION refers are situated at:1570 BRAY AVE. , LAUREL, N.Y. , SUFFOLK COMM SUFFOLK COUN'T'Y TAX MAP 1000-126-7-26.1 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. I CURTIS HORTON SENIOR BUILDING INSPECTOR encl. (Cert. Mail) os�FFoc,��, ��• QG Southold Town Hall Annex y� 54375 Route 25, P.O.Box 1179 EDWARD FORRES!TER o Southold,New York 11971-0959 DIRECTOR OF CODE ENFORCEMENT, Telephone(631) 765-1939 Facsimile(631) 765-6639 e-mail: ed.forrester@town.southold.ny.us TOWN OF SOUTHOLD October 12, 2007 urke 1570 Bray Avenue Laurel NY 11948 Re; Property at 1570 Bray Ave.: SCTM#1000-1267-26.1 Dear Mr. &Mr$. Burke, Please be advised that this office has received complaints regarding an illegal apartment located in the garage at your property, referenced above. Records indicate that this illegal use was brought to your attention in 1992 during construction of the main dwelling. The C.O. for that dwelling was withheld atthat time until the use was discontinued. lit appears that you have re-established the use in the garage as a rental unit, this is a violation of Southold Town Code. Please contact this office immediately to discuss this use. Sincerely, ;,. Edward Forrester Director of Code Enforcement J khf--, ll Aiv CM vCr\\k,,n CLAt l A q10 Jul 09 14 08:34a Burke 631-298-8801 p.1 o Kathleen M.Burke 1570 Bray Ave. RECEIVED Laurel,NY 11948 014 July 9, 2014 BOARD OF APPEALS Vicki Toth Zoning Board of Appeals PO Box 1179 Southold,NY 11948 Dear Vicki: Please postpone the Public Hearing scheduled for Thursday,July 10,2014 at 1:15 pm to next month. This request is due to a death in my family. My father's wake is at the same time as the hearing. After numerous attempts,I was unsuccessful in finding someone to represent me at the hearing. Thank you for your understanding concerning this matter. Sincerely, Kathleen M. Burke BOARD MEMBERSO��QF SU(/r�ol Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ ow Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 'gyp i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider IyCOMM�� 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, JULY 10, 2014 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, Southold, New York 11971-0959, on THURSDAY, JULY 10, 2014: 1:15 P.M. - THOMAS and KATHLEEN BURKE #6763 - Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 1570 Bray Avenue (corner Fourth Street) Laurel, NY. SCTM#1000-126-7-26.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: June 13, 2014 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 a TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK o ccq . 0 CG ��c�r n AFFIDAVIT OF In the Matter of the Application of MAILINGS - (Name of Applicants) SCTM Parcel# 1000= COUNTY OF SUFFOLK STATE OF NEW YORK �(_ residing at eing duly sworn,deposes and says that: New York, 15�o �ro� 1�v�;" ,Lcxvred N� Ori the rj day of -Yung , 20/V;I personally mailed at the United State.s Post.Office in Wed; c ' , New York, by CERTIFIED MAIL, RETURN RECEIPT REQ TED, 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(/'10 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, surroundin the applicant's property. (Signature) Sworn to:before me this oZg day of SUNS , 201q • BARBARA H. TANDY (Notary Public) NoNo.Public,0TA608600State Of 1 ew York Qualified In Suffolk County Commission Expires 01/13/20 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. Jul 01 1407:53a Burke - U.S. Postal ru Only;u-) (Domestic Mail coverage Provided) Ln C3 zr • EAST NUXT C3 a. • } m $ $0.49 0792 • Lrl- I'llL }}!{ 1114 �` Postage rll M $0.49 0792 $3.30 N Postage $ C3 Certified Fee rl.l � Po Certified Fee $3.30 Y 1 tmark C3 Return Receipt Fee $2. He O 0 (Endorsement Required) 25 xw N, o �. c� e Return Receipt Fee $2, � \ Restricted Delivery Fee C3 $0• (Endorsement Required) ` C3 (Endorsement Required) j C3 r-1 Restricted Delivery Fee [ti $6.4. 06/25/ Total Postage&Fees O (Endorsement Required) --- 6/25/?014 N � •4 m Sent To Total Postage&Fees M ` G A r- t T +.e— ----------- No' (T� Sent To /� M �_!_1------- C3 Street,Apt. --- h{� /!/��� y��-�^^--oo '' ��''�/�yn---------- or PO(•max, kl� or PO Box No. 1✓ ( 1_J!"�--- ■••�` +• a1 ------ -------------------------4 O Street,Apt.No.; n O O 1/ --— ' ��_-------- Ciry,Stage,ZIP+ [~ or PO Box No. r (l� _ instructions -ZIP+4 :,r r,. , City,State, • • -PS Form :0 ,,. RECEIPT CERTIFIED MAIL,. postal ServiceTM Ir I e Provided) RECEIPT ..D only; CERTIFIED it •nly;No , Provided) I 0 - M (Domestic N LAOREL ?( 1194$ :. Mti m �`' LRURL 1194 . N Postage $ $0.49 0792 X r^ 3?1� SO- r%- 4q 9 nj Postage $ Certified Fee $3.30 O 7g tmark $3.3 15 O Return Receipt Fee $2. H O Certified Fee stma \` p (Endorsement Required) C3 O � Here Return Receipt Fee • Restricted Delivery Fee $0 0 (Endorsement Required) $� 0 (Endorsement Required) 7 C7 Restricted Delivery FeeTotal Postage&Fees$Q $ /25/20 (Endorsement Required) 5e Q [`- $ $(,.49 �25�2 �m Sent To rA Total Postage&Fees m f� Cv�`� �____ ----------------- ----------------- m FenTo � L{� Street,Apt.No. �n ,),()r `�41. `..... _ ? or PO Box No. (Y ----8 ■'•See Reverse for Instructio, pt.IVo.; Ciry,StateZIP+4 '(�1{49 x No. I (. 85 �y -A e---------------- r----- ---- - ZI +e, rr f See Reverse for instructio-'s =07MM.o (Domestic Mail Only; orrn ,,. :,, �- Servicestal O .W.WMITIM,U.11111T.11FITNIM191 .1 11, •CERTIFIED AILW .-. 0 M o- .. • ce Coverage • . Postage $ $0.49 0792 ru O - - }, O Certified Fee $3.30 �, Y ,LAC EI itY .119 8 .,r C3 Post r- p Return Receipt Fee M $0.49 079 O (Endorsement Required) $2.70 N Postage $ O Restricted Delivery Fee Z 0 certified Fee $3.30 (Endorsement Regwred) $0.00 1782 Postmark C3 ere rq Total Postage&Fees $6•49 5/2014��Q� C3 Return Receipt Fee � (Endorsement Required) t Restricted Delivery Fee 00 m Sent To rq '1 /► GGA I I C3 (End C3 ___________ ,d[.J��A 49 46/2 / Street,Apt No.; )� r or PO Box No. T —l I _ ` ! --r- 5 Total Postage&Fees - ' -------'--------------------' Gty,State,ZIP+ I M Sent To nc%1 __________ PS Form 3800,August 2006 See Reverse for Instruclioiis ------------ ---- -- � Street,Apt.No.; or PO Box No. oar---- ------------- Ciry,State,ZIP+4 r4 Ilff L C_ O O V7 A M f I. I COMPLETE •N COMPLETE THIS SECTIONON DELIVERYW C CD ■ Complete items 1,2,and 3.Also complete A. Siggentitem 4 If Restricted Delivery Is desired. 0Agen ■ Print your name and address on the reverse X ❑Addressee DM ' Iv y ■ ■ ■ MW so that we can return the card to you. B. Received by(Printed ) C. Date of Delivery ;>t m - ■ Attach this card to the back of the mailpiece, y n c°i 3 3 or on the front if space permits. W z U Q 7 D M_,< ' 1. Article Addressed to: D. Is delivery address different from kern i? C3 Yes 00 a (=Dr? m k YES,enter delivery address below: ❑No i � 3 4' �. wm a m y m r', bei-I- Z r r an co Ei CL ru w m a a � c(� o ^' (" g < 3. Service type A � '� of w "Jr, " ' ��(�� [3Certified Mali ❑Express Ma(I rchandi C3 O `_ y �d a 131 Registered C3Retum Receipt for Merchandise M1 (^1 yy =r 0m ? ( ❑Insured Mail ❑C.O.D. Nes M1 w-c 3 e 4. Restricted Delivery?(Extra Fee) 13 Yes --1 $,' UrU (/� �—� m 2. Article Number 3 C3 tb C m (rranster from service k D 6 tt D LEL 2 DDD 0 C}'��.'C ETOIL OPS Form 3811,February 2004 Domestic Return , 102 1540 C3 , � r C3 a w v N SENDER: COMPLETE • • • • • Q m _ ■ Complete Items 1,2,and 3.Also complete A Signature "tee? ry Item 4 if Restricted Delivery is desired. X L / : Agent ,y ■ Print your name and address on the reverse Q Addressee w ' 3 so that we can return the card to you. Co C3 y B. Received by(Printed Name) C. Delivery o m `�� ■ Attach this card to the back of the mailpiece, or on the front If space permits. ❑❑❑ 3D. Is delivery address dfffersntfrom Item 1? O ' 1. Article Addressed to: If YES en&r delivery address below: o { lKb 1t0657 E rayliwfi v-e� r,dlse ❑ La Vr2,� �! O 9. 13 Certified Mall ❑Express Mail ! .. �. rvice l ❑Registered 13 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. .._—r-d-T TV _ 4. Restricted Delivery?@L&a Fee Cl Yes �� 4 2. Article Number (r►ansfertrom service h9m 69 tl D L E L2 0000 D'L L't E`C D L Ps Form 3811,February 2004 Domestic Return Receipt 102595- WL— Jul 01 1407:54a Burke 631-298-8801 p.3 COMPLETE SECTIONCOMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig ure item 4 if Restricted Delivery is desired. X - 0 A..,t ■ Print your name and address on the reverse so that we can return the card to you. B. R i ed by(Printed Name) Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 17 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No r5. 6 1 Skog Co0ro..y Poe L,Ck.vr.Q"'I !V� ( j q q� 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 1710 0000 2737 0438 (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102595-0241-1540 COMPLETE • COMPLETE ■ Complete items 1,2,and 3.Also complete A Signature [3 Ag item 4 If Restricted Delivery is desired. X Chi ❑ ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C. D slivery ■ Attach this card to the back of the mailpiece,; C iti'l�0q0 J or on the front if space permits. D. Is delivery address different iron item 1 1. Article Addressed to: If YES,enter delivery address below: ❑No -Mr_5, C Our Y, t 1,. QC), 6o-,i�-, 57 7 rLQ-ursf i N` ' I l/Q 3. o ce Type 7 `( (� ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from sei S fi fi 0 LEL 2 0000 O't L T ETOL PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1W SECTIONSENDER: COMPLETE THIS COMPL ETE 1.IIS SECTIONON ■ Complete items 1,2,and 3.Also complete re r Item 4 If Restricted Delivery is desired. ant ■ Print your name and address on the ieverse Addressee so that we can return the card to you. B`Received b rated Name) Date of Delivery ■ Attach this card to the back of the mailpiece, b'* or on the front if space permits. D. Is delivery address different from item 1? ❑ 1. Article Addressed to: If YES,enter delivery address below: No 'YY)ir, ,Coat-�S mil I SSctP�';a r \ I()5 h 1 n / ' 3 Mail ❑Express Mail ❑Retum Receipt for Merchandise Mail ❑C.O.D. 4. Restricted Delivery?(Edm Fee) ❑Yes 2. Article (TransferrA EQfi0 LU-2 0000 OTLT ETOL A PS Form 3811,February 2004 Domestic Return Receipt 102595-024A-1540 v W� . TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD..,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING I h o,�as, !!JJ Ko, (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#I000- COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, . ,-I+, Yn u (`�Q residing.at ���� nx; Lrl—u ' ,New York, being duly sworn, depose and say that: On the �L day of -TLLJ V 2014, I personally placed the Town's Official Poster, with the date of he-king 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 10 ID/ �q✓��ILYt � !J (Signature) Sworn to before me this J . Day of 7K,l , 201 LYNN P. LOMBA' Notary Public-State of New York N0.01LO6265473 Qualified in Suffolk County e y ip// My Commission Expires July 9,2016 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME BURKE , T . & K. #6763 MAP # 126 .-7-26 . 7 VARIANCE SPECIAL EXCEPTION • REQUEST ACCY APARTMENT IN ACCY BUILDING DATE : THURS JULY 10 , 2014 1 : 15 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 � 0 • 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: htt_p://southtown.northfork.net June 12, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, July 10, 2014 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 June 23rd: 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearingproviding the returned letter to us as soon as possible; AND not later than June 30th: 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 2"d: 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 July 8, 2014. 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. G � 1.� r IN #11808 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 31St day of July, 2014. LEGAL NOTICE - SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 7,2014 Principal Clerk PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the fol- i lowing public hearings will be held by the SOUTHOLD TOWN ZONING e 40tA M-ANDREW KEATING day Of BOARD OF APPEALS at the Town and COLLEEN SHARP #6777 - Re- Hall,53095 Main Road,P.O.Box 1179, quest for Variance from Article XXIII Southold, New York 11971-0959, on Code Section 280-124 and the Build- THURSDAY AUGUST 7,20][A. ing Inspector's June 3, 2014 Notice 9:30 A.M.-KAROL FILIPKOWS- of Disapproval based on an applica KI#6748SE—(adj.from PH 7/10/2014) tion for building permit to construct 1.30 PM - ALEXANDER KOFI Applicant request a Special Exception accessory garage, at: 1) less than the CHRISTINA VOL NAS.AS TRUSTEE#6774 - Request under Article IX Section 280-41 B(2). code required front yard setback (for NOTARY PUBLIC-STATE ( for Variances from Article XXII Sec- The Applicant is the owner request- waterfront property) of 35 feet, lo- tion 280-116 and Article III Section ing authorization to operate a con- cated at:700 Ruch Lane (adj. to Ar- No. 01 VOb 10: 280-15 & 15B and the Building In- tractors' yard. Location of Property: shamomoque Pond) Southold, NY. Qu01ified in Suffoil spector's June 10,2014 Notice of Dis- 41250 County Road. 48 (aka North SCTM#1000-52-2-28.1 My Commicet.,.. r­__. _ approval based on an application for Road and Middle Road)Southold,NY. 10.50 A.M. - NORTH FORK IN- 11.30 A.M. - KIMOGENOR eb building permit to re-build a single SCTM#1000-59-10-5 VESTORS,LLC.#6775 - Request for POINT INC (Brennan) #6771 - Re- family dwelling with pool surround, 9:45 A.M. - MICHAEL RANSON Variance from Article IV Section 280- quest for Variance from Article XXIII cabana and legalize an"as built"stor- #6753 — (adj. from July 10,2014 PH) 18 (Bulk Schedule) and the Building Code Section 280-123 and the Build- age building with deck,at;1)less than Request for Variance from Article Inspector's June 25, 2014 Notice of ing Inspector's June 5,2014 Notice of the code required bulkhead setback of XXII Section 280-116B and the Build- Disapproval based on an application Disapproval based on an application 75 feet for all structures,2) "as built" ing Inspector's March 17,2014 Notice for building permit for additions and for building permit for demolition and storage building and deck at less than of Disapproval based on an applica- alterations to existing single family construction of a new single family the code required rear yard setback of tion for building permit for"as built" dwelling,at;l)less than code required dwelling at;l)a nonconforming build- 15 feet,3)accessory pool cabana pro- accessory structures(shed/deck),at;1) single side yard setback of 15 feet,lo- ing containing a nonconforming use posed in location other than the code less than the code required bulkhead cated at:3475 Wunneweta Road (cor- shall not be enlarged, reconstructed, required rear yard, located at: 805 setback of 75 feet, located at: 8740 ner Little Peconic Bay) Cutchogue, structurally altered or moved, unless West Road (adj. to Peconic Bay) Cu- Peconic Bay Boulevard(adj.to Great NY.SCTM#1000-111-8-17 such building is changed to a con- tchogue,NY.SCTM#1000-110-74 Peconic Bay)Laurel,NY.SCTM#1000- 11.00 A.M. - SPENCER DRAY- forming use.The existing cottage is a The Board of Appeals will hear all 126-5-2.1 TON #6772 - Request for Variances non-conforming building with a non- persons or their representatives,desir- 10:00 A.M.-THOMAS and KATH- from Article XXIII Section 280-124 conforming use,located at:50 Jackson ing to be heard at each hearing,and/or LEEN BURKE #6763 — (Adj. from and the Building Inspector's June 28, Street (Adj. to Great Peconic Bay) desiring to submit written statements PH July 10,2014) Applicant requests 2013,renewed May 23,2014,updated New Suffolk,NY. SCTM#1000-116-6- before the conclusion of each hear- a Special Exception under Article III, July 9, 2014 Notice of Disapproval 24.1(Cottage#4) ing. Each hearing will not start earlier Section 280-13B(13).The Applicant is based on an application for building 1.15 P.M. - WINDSONG COVE, than designated above. Files are avail- the owner requesting authorization to permit for additions and alterations LLC.#6776-Request for Variance from able for review during regular busi- establish an Accessory Apartment in to an existing single family dwelling, Article III Section 280-15 and Section ness hours and prior to the day of the an accessory structure,located at:1570 at;l)less than the code required front 280-105C3 the Building Inspector's May hearing. If you have questions,please Bray Avenue (corner Fourth Street) yard setback of 40 feet,2)less than the 30,2014,Amended June 26,2014 Notice contact our office at,(631)765-1809,or Laurel,NY.SCTM#1000-126-7-26.1 code required side yard setback of 15 of Disapproval based on an application by email: Vicki.TothCTown.Southold. 10:20 A.M.-WALTER BELANCIC feet,located at:1120 Jacksons Landing, for building permit to construct acces- ny.us. #6769-Request for Variance from Ar- Mattituck,NY.SCTM#1000-113-6-1 sory pool house, pergola, in-ground Dated:July 14,2014 ticle III Section 280-15 and the Build- 11.15 A.M. - SHOWALTER pool and deer fence, at; 1) accessory ZONING BOARD OF APPEALS ing Inspector's May 29,2014 Notice of FARMS. LLC. #6778 - Request foroot house,pergola,in-ground pool in LESLIE KANES WEISMAN, Disapproval based on an application Special Exception under Article III, p for building permit for "as built" ac- Section 280-13B(12) for equestrian location other than the code required CHAIRPERSON cessory shed, at; location other than stables and riding academy,located at: rear yard,2)8'deer fence proposed in 54375 Main Road(Office Loki oth the code required rear yard,located at: location other than side and rear yard, ) q Y 18625 Main Road(aka NYS Route 25) located at:3770 Private Road#1(adj.to 53095 Main Road(Mailing/USPS) old Hill Road(Midfa70 Road)South- Mattituck, NY. SCTM#1000-108-4-1.3 old,NY.SCTM#1000-70-4-35 Long Island Sound) East'Marion,NY. P.O.Box 1179 &1.4 SCTM#1000-22-3-4 11808-IT 7/31 Southold,NY 11971-0959 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 26th day of June. 2014. r Principal Clerk Sworn to before me this day of 2014. plication for building permit for demo- 2014 Notice of Disapproval based on lition and reconstruction of an existing an application for building permit for accessory building,at: 1) less than the an addition to an existing single fam-TINA VOLINSKI code required side yard setback of ily dwelling,at;1)more than the code'�-STATE OF NEW YORK 25 feet, located at: 56125 Main Road permitted lot coverage of 20%,located 1 Vgty 105050 (aka NYS Route 25) Southold, NY. at:1380 Waterview Drive Southold,NY. SCTM#1000-63-3-10 SCTM#1000-78-7-25 In Suffolk County 10:40 A.M. - ROBERT G. WAR- 1:50 P.M. - HELEN STRATMOS Ire$ Fol.)runr N and MARCrARRT S WARDEN #6767- Request for Variances from Ar- Y�8, 2016 DE #6768 - Request for Variance from title XXIII Section 280-124 and Section Article XXIII Section 280-124 and the 280-15(B)(F) and the Building Inspec- Building Inspector's June 6,2014 No- tor's January 27,2014,amended March tice of Disapproval based on an appli- 13, 2014 Notice of Disapproval based cation for additions and alterations to on an application for building permit an existing single family dwelling,at:l) for second story addition to existing LEGAL NOTICE less than the code required minimum single family dwelling and an accessory SOUTHOLD TOWN ZONING rear yard setback of 75 feet, located garage,at;l)less than the code required BOARD OF APPEALS at: 2945 Equestrian Avenue (adj. to combined side yard setback of 25 feet, THURSDAY JULY 10,2014 Little Hay Harbor)Fishers Island,NY. 2),more than the code permitted maxi- PUBLIC HEARINGS SCTM#100-9-3-14.1 mum lot coverage of 20%,3)Accessory NOTICE IS HEREBY GIVEN,pur- 11.00 A.M.-NI O AS DE CROISw garage at less than the code required suant to Section 267 of the Town Law SET #6762 - Request for Variances front yard setback of 35 feet, 4) ac- and Town Code Chapter 280(Zoning), from Article XXIII Section 280-124 cessory garage at less than the code Town of Southold,the following public and Article XXIl Section 280-116 and required side yard setback of 5 feet,lo- hearings will be held by the SOUTH- the Building Inspector's January 13, cated at: 1500 Sound Beach Drive(adj. OLD TOWN ZONING BOARD OF 2014,amended/renewed April 22,2014 to Long Island Sound) Mattituck,NY. APPEALS at the Town Hall, 53095 Notice of Disapproval based on an ap- SCTM#1000-106-1-33.1 Main Road, P.O. Box 1179, Southold, plication for building permit for demo- 2:10 PM - MMMM BEER LLC C New York 11971-0959,on THURSDAY lition of an existing single family dwell- #6770-Request for Variance from Ar- aULY 10,2014e ing and construction of a new single title III Section 280-15 and the Build- 2:30 A.M.-KAROL FILIPKOW KI family dwelling,at;l)less than the code ing Inspector's May 28,2014 Notice of #6747 — (Adj. from PH 6/5/2014) Re- required front yard setback of 35 feet, Disapproval based on an application quest for Variances from Article IX 2)less than the code required bulkhead for building permit for an'as built'ac- Section 28042 & 43 (Bulk Schedule) setback of 75 feet,located at:20 Third cessory storage building,at;l)location and the Building Inspector's March 21, Street(adj.to Great Peconic Bay)New other than the code required rear yard, 2014 Notice of Disapproval based on an Suffolk,NY.SCTM#1000-117-10-19 located at:42155 Main Road aka State application for building permit to con- 11.20 A.M. - DOM i i CA LLr Route 25(corner Peconic Lane)Pecon- struct a new building and operate a con- #6766-Request for Variance from Ar- ic,NY.SCTM#1000-75-1-14 tractors'yard at;1)less than the code title III Section 280-15 and the Building The Board of Appeals will hear all required front yard setback of 100 feet, Inspector's June 4,2014 Notice of Dis- persons or their representatives,desiring 2)less than the code required side yard approval based on an application for to be heard at each hearing,and/or desir- sethack of 20 feet, 3) more than the building permit to construct in-ground ing to submit written statements before code permitted maximum lot coverage swimming pool,at;l)proposed location the conclusion of each hearing. Each of 20`Yo,located at:41250 County Road other than the code required rear yard, hearing will not start earlier than desig- 48(aka North Road and Middle Road) located at:14909 Main Road(aka State nated above. Files are available for re- Southold,NY.SCTM#1000-59-10-5 Route 25) (adj, to Dam Pond) East view during regular business hours and 9:30 A.M. - KAROL FILIPKOW - Marion,NY.SCTM#1000-23-1-2.3 prior to the day of the hearing. If you KI#6748SE—(adj.from PH 6/5/2014) 11:40 A.M. - MICHAEL JOHN" have questions,please contact our office Applicant request a Special Excep- SON #6764 - Request for Variance at,(631) 7654809,or by email: Vicki. tion under Article IX Section 280- from Article XXIII Section 280-124 Toth@Town.Southold.ny.us. 41B(2). The Applicant is the owner and the Building Inspector's June 3, Dated:June 13,2014 requesting authorization to operate a 2014,amended June 5,2014 Notice of ZONING BOARD OF APPEALS contractors' yard. Location of Prop- Disapproval based on an application LESLIE KANES WEISMAN, erty:41250 County Road 48(aka North to convert existing unheated enclosed CHAIRPERSON Road and Middle Road)Southold,NY. porch to conditioned living space in an BY.Vicki Toth SCTM#1000-59-10-5 existing single family dwelling, at: 1) 54375 Main Road(Office Location) 10:00 A.M.-MICHAEL RAN ON less than the code required minimum 53095 Main Road(Mailing/USPS) #6753—(adj.from June 5,2014 PH)Re- front yard setback of 40 feet,located at: P.O.Box 1179 quest for Variance from Article XXII 38200 Main Road(aka NY State Route Southold,NY 11971-0959 Section 280-116B and the Building In- 25)Orient,NY.SCTM#1000-20-3-14.3 11756-1T 6/26 spector's March 17,2014 Notice of Dis- 1:15 P.M. - THOMAS and KATH- approval based on an application for LEEN BURKE #6763 - Applicant re- building permit for"as built"accessory quests a Special Exception under Article structures (shed/deck),at; 1) less than III,Section 280-13B(13).The Applicant the code required bulkhead setback of is the owner requesting authorization 75 feet, located at: 8740 Peconic Bay to establish an Accessory Apartment in Boulevard(adj.to Great Peconic Bay) an accessory structure,locate at:1570 Laurel,NY.SCTM#1000-126-5-2.1 Bray Avenue (comer Fourth Street) 10:20 A.M. - CACI PARTNERS Laurel,NY.SCTM#1000-126-7-26.1 LLC #6761 - Request for Variance 1:30 P.M. - JEWELL GONZA- from Article III Section 280-15B and LET#6765 - Request for Variance the Building Inspector's May 28,2014 from Article XXIII Section`280-124 Notice of Disapproval based on an ap- and the Building Inspector's May 12, 6 9 Office Location: O�*QF SQ(�ryOl Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • Q Southold, NY 11971-0959 http://southoldtown.northfork.net - - EC �� ! BOARD OF APPEALS ) TOWN OF SOUTHOLD 2014 Tel. (631) 765-1809 Fax (631)765-9064 W91 T D TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application No.: #6763 BURKE, THOMAS & KATHLEEN 1000-126-7-26.1 Date sent to Building: June 5, 2014 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of reviewer Date: Adopted by the Board of Appeals:May 18, 2011 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson � O�Of soy� 53095 Main Road- P.O.Box 1179 O ti O Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'Y�'ou01 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 August 22, 2014 Thomas and Kathleen Burke 1570 Bray Avenue Laurel,NY 11948 RE: ZBA#6763 Dear Mr. and Mrs. Burke: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at their August 21, 2014 meeting, granting you a Special Exception Permit to establish an accessory apartment in an accessory structure on your property, pursuant to Article III Section 280- 13(B) 13 (a-k)and 280-13 (D) 1-9 of the Town Code. Please be advised that this Special Exception Permit requires an annual renewal from the Building Department. It is your responsibility to apply to the Building Department each year to renew your accessory apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted in the enclosed decision. Please also note that this Special Exception Permit cannot be transferred to new owners. Before commencing any construction activities, a building permit may be necessary.Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please feel free to call the office. Sincerel _ Vicki Toth Zoning Board Assistant Encl. CC: Building Department / SEE SEC.N Ito —UNEMATCH U• �18 — s ry MATCH ------------ �--._. --— 3 Nb 216A(�y y 3.1A( FOR PCL.NO. .,b SEE SEC.NO. 122-07-008.9 ,Ip ` 1,5 © l� to PP MATTITUC 95 Aa ^ry PARK Aa a °• ` ��b a �„ a DIST. 4.2 21AA(UN14N144) 1^ C M>• NATURE CONSERVANCYA. j a,' I I __ n ry• d'�' 'a1j ., ,DIA A b . i+N ,� b ,�' S� d &O• � �' � .fes � \ F �b�\ ��o j•' 8 a 102 10.1 11 12 13 yl' N. .y. u Nib 11.5A(c) 0 �' �... it ?' 1 10 4.i S '� 14 po /• V HoRon CTeek �j VI qp lb y+ g 20.1 ts$ %• b I 0 1 �� �� ..',p/ 4.9A(c) Q- MATTMJCK PARK DISTRICT / '2.,,' b , J a� 44 R Ary 21 a . �, ',ivy 173' 2 �' tF`,�Aar '1>1A, 20.1 3 $ i �w P�' °ai A. SEE SEC.NO.134 b �c1 5 8 N ;1 FOR PCL.NO. b SEE SEC.NO. 3 NA lb 12504.024.23 d, .a 111 M ^ •pQ °P` P ` 2.13A(c) PNPi ' �F`^l�' "Ls 13.5 \`1 s 13.21.4 2.BA(c) 1.2 // e Q�k7 (Do ;lb �-- 8 ry4 t a J m z r Z / o� LINE SEC.NO.128 r/ / NOTICE kgs coot :owuM.oTNewNae.Au°RorcRREs y aw.laxm l:. — '4°ii1OMn0 Lin' ——N—— AM=wRax Txe FouowNo osrRlcn HT1 MNNTENANCE,ALTERATION,SALEOR �* da Real Pro PNux awkt4w ——P�. et]I�OOL 1M1 &ERm w O FnLw OOFTHDISTRBTION OF NPORTI _ COYOty —.—L- =R SUFFOLKCONTYT" PSRONIBED WTOT WITEN PERMISSIONOFR0 71 THE AM&UtAE WMTEVAIERPROPERTY TM RE AL SERVICEAGENCV