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t L), bc,(A L e-e t03 li'l access:L-k, sec- C)b 4 V, C-f 4-j YIC BOARD MEMBERSOF $OVl Southold Town Hall Leslie Kanes Weisman,Chairperson �� - 01 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesc Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p ^��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y�'OUNTY, Southold,NY 11971 http://southoldtown.northfork.net RECElV ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OC Tel.(631) 765-1809 •Fax(631)765-9064 Southold Town ,r;erk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 16,2014 ZBA Application No.: 6760 Applicants/Owners: Douglas and Lee Biviano SCTM#1000-103-7-20 Property Location: 1125 Pequash Avenue(corner Willow Street)Cutchogue,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 Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 4, 2014 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. 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 13,996 square feet with 70.00 feet along Pequash Avenue, 200.12 feet along Willow Street, 70.00 feet along the northeastern property line and 200.03 feet along the western property line as shown on the survey dated 03-31-2005, last revised 08- 13-2006 prepared by John C. Ehlers Land Surveyor. The property is improved with a single-family two- story residence and a one story accessory structure as shown on the survey by John C. Ehlers. The accessory structure has a Pre-CO of record dated October 4, 1976 under Certificate of Occupancy#Z7268 confirming that the accessory garage was built prior to January 1, 2008. ADDITIONAL INFORMATION: This property received a prior ZBA grant under#6558 on May 17, 2012 for an accessory apartment and relief for the square footage of 800 square feet. The applicant provided a statement dated September 25, 2014 stating that the accessory apartment has not changed and the occupant is the same person with a current lease agreement. Page 2 of 3—October 16,2014 ZBA#6760—Biviano SCTM#1000-103-7-20 FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on October 2, 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 first floor of the accessory garage with an area of 800 square feet of livable floor area as proposed, as described and shown on the floor plan by Boulevard Planning East dated 5/16/05 and signed by Certified Architect, and as confirmed by the Building Inspector in a memorandum titled"Verification of Livable Floor Area"dated May 15, 2014 and received by the Board of Appeals on May 16, 2014. The livable floor area is 50 square feet beyond the code permitted 750 sq. ft. maximum. However, the subject accessory apartment was granted variance relief for the non-conforming 50 sq. ft. in prior ZBA Special exception permit 46558 2. The dwelling unit does comply 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 is 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 PSEG Long Island Bill and National Grid Electric Bill. 4. The occupant of the accessory apartment is a resident who is currently on the Southold Town Affordable Housing Registry, as documented by Town of Southold Certificate of Eligibility dated May 9, 2012 and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4). 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 John C. Ehlers dated 8/13/2006. 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 is 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 is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory Page 3 of 3—October 16,2014 ZBA#6760—Biviano SCTM#1000-103-7-20 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 Weisman(Chairperson), seconded by Member Dantes, 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 a Building Inspector in the Building Department. It is the applicant's responsibility to apply to the Building Department each year to 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. 2. This Special Exception permit cannot be transferred to new owners That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may result in delays andlor 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, Dantes. Absent was Member Goehringer.This Resolution w my adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing/e /a/ /2014 SURVEY OF P ".)ERTY - - --- - 51TUATE: GUTGHO(5UE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES N TOWN: 5OUTHOLD APPROVAL OF CONSTRUCTED WORKS FOR 5UEEOLK COUNTY, NY A SINGLE FAMILY RESIDENCE ✓ Da to AUG 2 4 2006 H.S.Ref. No. oE,-oo 6:2. w E SURVEYED 03-31-2005 UPDATE 05-II-2006, 0-1-05-200(o The Ya C:spmd and weter supply fadilties at WT,location have been 07-07-2006, 08-13-2006 inspected a:/�lor certi5e by Gti{s Dep2lt�;nt or o �-4.;vmr., and found to SUFFOLK COUNTY TAX # be saudactory FOR A MAXIMUM O-F. . EEL`f;",mis. 1000 - 103 - 7 - 20 5UFFOLK COUNTY DEPT. OF HEALTH SERVIGE5 RI0-O6-0052 `JViti►�f•�.i�f1bL'I'i, `.I'r:, 'Tll `DOOM CERTEF 7E TO: Office of Wastewater i'Aanagement � A� � o � RECEIVED BOARD OF APPEALS 0 �&4 C), o AF � epi d eel i ` ', 0 \� +,,iso °A� C9�` Cq V' 6• O / 9 ' ,Y X10 .O 4 N, O _ eAf�,r'fh \ FINAL MA REVIEWED BY ZBA SEE DECISION # TED l b .. •�. ,lu, nl4w _,, I 1 NOTE51 :n`. �,, .4.:1 1<.,�,:. ,,,I,,.,,,., • MONUMENT FOUND 4� ° 116 - ,° ) �av s'i v.w,V . 11w• I4r..n ,I lr,rl.r N+•1.••4'lliv. 'u•::111 v1uv.•: AREA = 13,9x6 5,F. or 0.32.AGRE JOHN C. EHLERS LAND SURVEYOR NEIGHBORING NELL5 AND SEPTIC BY OWNER OBSERVATION 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHIG 5GALE 1"= 50' • RIVERHEAD,N.Y. 11901 mmomi 369-8288 Fax 369-8287 REF.\\Compagserver\pros\05\05-1 0 RE ED WINDOW/EXTERIOR DOOR SCHEDULE GARAGE0 -'I — --- — — -- ° OA D OF AP a - :IN,>r GiuuFArt�++ - Gn sla twit et Burrs ATTHG A. - 6 TMO32' - 3-2 U8' . 3'-47!& ANDERSEN ��yHITEf COLONIAL _ _ { _ 2 .TW2Bdl "P' 0.11b•x 4 S:7rb':- ANDERSEN Wt-11TE CULONI/U. -- tl Vidno RESIDENCE N-2 118'-: W-4718' ANDERSEN .WHITE COLONIAL _ .. .. - Y PEQLfASi-I AVENUE I. I - l l CUTCFIOGUE,N.Y 1 - - f :I S C.T Vii.#"1090- 103--7.-20 1-1 lI REVISIONS DATE;. - :'..I: -t as PER CLIENT ChAN .I•' '3'.I I.a4�Al1i!Y.�:f•t.r-A,t I t •.YI•n4Nr.+t:'••.r7%. - :-1 YY• .114.1:, I `L - _ ASPER - —��-a —. ..y—— � �"- � � � .. L,Ip _ _ _ "• -- Ct1AN„E-5 PER FIELD - 11.20-0G . - .. F � I'll as i. _.' � .. cm -ell -- - �,L�.µ 1 T _ . FOUNDATIQN FZ _ - - - x.. L: SG�IE1�++lATIC .•I -.._�.� i ios xut0 tur + ,vi rvleolit4 �. ns 1. ..} �VoAt I'M ..�}•Gt N�TA.Ift)f()te I1X As AI -. �_. EII1�Efl E3 y i I • ON1..10. >ATED / > l BOULEVARD PLANNING EAST " .. ,'.. : •S '� Q." P.C.." ARCHITECTS ENGINEERS2. -. - .. ' (T�C t"7�tp. ••'-� "��'�� O 32645.J�fAIN�ROAD .. . .. " CUICHOGUE l�laC.k1935- '. .631-734�2 . "' -- - - �N Y xfX).AYvI q• I' � � - � IJl,y.�l<M TNA QttK.. - - � - - - .. .. 1. E i 2 o11 76 www.blvd-734-22 l rari.com ' 1 'np:v1 ntRcnm-vttvt'fi wcaNF InnlnitNrs Is¢nvRl wwAa uN:1'N In'Ai tlr lNNni vwRlinnNNlw.11.1 n - - /'' IN4�Nd11'illMlf R•111 M RklN tl,i}}l " - ' DAi'E5-I64I$ c -UR.NY` CSW - - ".SCALE:AS N(ritt) F 2 SIIEei NVMOE0. - FIRST FLOOR-PLAN SECOND:FLOOR PLAN QS 12 jr SCP•LE:J/4•=1_0.. RECEIVED PHILLIP BELTZ Special Projects Coordinator o Town of Southold O `--#BOARD OF APPEALS RECEIVED P.O.Box 1179 ;?' Q�' �" Southold,NY 11971ti�h2�Q ap Tal.(631)765-5806 1� 1 MAY ` J Fax(631)765-1823 Qs S 7 TOM&OFSOUTHOLD BOARD OF APpFALS AFFORDABLE HOUSI1 6 PR06R"S CER 7MCA TS OFEL161BILITY May 9, 2012 Richard Stulsky currently residing at 1125 Pequash Avenue, Cutchogue, NY has been awarded a Certificate of Eligibility to participate in the Town of Southold's Affordable Housing Programs for 1125 Pequash Avenue for the following : ;w X Rental Housing I 1 bedrooms f, Permanent Housing bedrooms As per attached Town of Southold Housing Application, I have reviewed and verified the tenant's financial information and residency requirements and reviewed the rental agreement and hereby attest that they satisfy requirements as set forth by the Town Board'. ;Wnrcinhie-housuna r)olicies. Sincerely, FINAL MAP REVIEWED BY ZBA Phillip Beltz SEE DECISION # b5s-2 Special Projects Coordinator DATED 5 / i Note: Information provided on housing applications necessary and this certificate may be revoked due to a change in eligibility requirements (e.g. income, family size, etc.) BOARD MEMBERS • Southold Town Hall Leslie Kanes Weisman,Chairperson �*qF SOUly 53095 Main Road•P.O.Box 1179 �l0 Southold,NY 11971-0959 Z��N, \ 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) J Kenneth Schneider �yIrouSouthold,NY 11971 (S-100 http://southoldtown.northfork.net (' RECEIVED ZONING BOARD OF APPEALS i L1 i I v ;; TOWN OF SOUTHOLD j JN SAY15 4 I' BOARD OF APPEAL Tel.(631)765-1809•Fax(631)765-9064 -' I ____ 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.: #6760 BIVIANO, DOUGLAS 1000-103-7-20 Date sent to Building: May 15, 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 Se ion 280-13B (13) (a) of the code Ic The livable floor area is determined to be Boo 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 revievVeK Date: Adopted by the Board ofAppeals:May 18,2011 �D� *OUNTY OF SUFFOLK ") �o �P a. RECEIVED eJUN 0 9 MA Steven Bellone BOARD OF APPEALS \�`�✓ SUFFOLK COUNTY EXECUTIVE pX° Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment June 4, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 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 Biviano, Douglas #6760 Caci Partners LLC #6761 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0(631)853-5191 RECEIVED TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �, i 4 Phone(631)765-1809 (631)765-9064 APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN BOARD OF APPEALS ACCESSORY APARTMENT IN AN ACCESSORY BUILDING (0� Application No.: Date Filed: Applicant(s)Name(s) ou.a 1 t.& 'B1yi G.N%o a v.- Lee_ -giy+ck.1 Applicants)Address l 12-6; Pe ,as s k Ave . "Y 1 t R 3 5r (House No., Stree,Hamlet,Zip Code and mailingaddr�ifferent from physical address) Applicant(s)phone number(s) (03�— �-3� ��ZG `( I a '25? —3 G SZ [V�I/we are the owners of the subject property [ ]I 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 9/&S MCA" is(are)the owner(s)of the property knownOhnd referred to as r zr t, C ti1113577 House No. Street Hamlet 0Zip Code 103 — — 20 Identified on the Suffolk County Tax Maps as District 1000, Sectiones Block Lot(s)2_Lot Size/3 A Zone District_ 1'as shown on the attached deed and survey The above-described property was acquired by the owner(s)on :I—iA �j 2d 1 Z— 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: 2e (#14a 14a q4f Spee'4 A tw S4",t3 e0vo%- w. acc�-ssof � apu r� r►1�+ ��.. � I.���� a(�� cG,�� ,,�;�L, ����'�y a tAd 'e y i S+tv\-t -k--Vx k H+I a S Pce v; o K S (t U r'A:4,•{-co� O w n�C r s Gc v�c�,¢, T, & G�o�/ (A). $ c k ex-t,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 prope11y or persons in the neighborhood for the following reasons: T%G pre e_K ^.K 0� C t& h� n -� ba� h��� no , w,111 � � ;�. -� t�e . RECEIVED 6 �10 D. The applicant alleges that the following standards prescribed by Section§280- 'MAY i 701 13(13)(13)(a)-(k)of the zoning ordinance will be met: a. The accessory apartment will be located in the accessory building. BOARD OF APPEALS b. The owner of the premises shall occupy either the existing single-family dwelling or the accessory apartment in the detached accessory structure as the owners'principal residence.The other dwelling unit shall be occupied by a family member 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 property which is the subject of this application(check all that apply): [ has 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 1/I O er Si COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) Sworn to before me this day of ��`/J ,20 (Notary Public) Revised 06/2011 VICKI TOO�TH Notary Nob01`I' 190696 w York Qu18j&j in Suffolk County Commission Expires July 28,2 RECEIVED (aj�o MAY 1 5 ?014 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes V No B. Ar�eere any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? //0 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 buil area? /l/o 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?N/ Please confirm status of your inquiry or application with the Trustees: l 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? /✓U E. 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. / F. Do you have any construction taking place at this time concerning your premises? A1( 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? If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel_4,0aI Ni eta and the proposed use eel t Ap I Zelf#1 t (ex:existing single family,proposed:same wi garage,pool or other) Auth tgnat e and Date r' ' Vi 4-�� H I aye aoi �{ RECEIVED Y 1.4 7014 AGRICULT IAL DATA.STATEMENT ZONING BOARD OF APPEALS BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO DISE THIS FORM. The form must be completed by the applicant for any special use permi4 site plan approval,use vari ince,.,or subdivision approval on properly within an agricultural districl'OR within 500 feet of a farm operation located&agricultural district All applications requiring an agricultural data statement Must be referred to the Suffolk County Department of Planning in accordance with saddens 239= M mnd"239m of therreneral Municipal Latw 1)Naive of Applicant; M lei l •v , 2)Address of.Applicant: A 3)Nate of Land OwteIT(if other than a lioant); 4)Address of Land*Owner. 5)Des6hpttori of Propbsed Protect t a&-t� e e, h I 6)Locationo Pr (road and tax map number): G 7)Is.amp arcel within an agricultural district?.ONo' es ifyes,Agricultural District Number l 8)Ts this parcehactively_fanned?-l-Ab DYes 9) Name and .address 'of any owners):of land within the agricultural district containing active farm operations) located 500 feet of the boundary of the proposedproject: (Information may be available throw gh the Town Assessors Office;.Town Hall location 165=1937 or from"an ( ) y public computer at the Town Hill locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. 0 3=11 - 2 L Name and. dress . 1u5-1-t1, r. 3. 4: 5. J- .6. (Please use back side of page if more than six property owners are identified.) The lot numbers maybe obtained:,inadvance,when requested from the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765-1809. f _ �/l�u. �( 02 a0 1 ature of Applicant Date Note: 1.The local board will solicited 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.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 • RECEIVE W&I DI MAY 1 5 1014 617.20 Appendix BOARD OF APPEALS Short Environmental Assessment Form 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. Part 1-Project and Sponsor Information Name of Action or Project: C • � V�1N`P v. Project Location(describe,add attach a location map): 7-r ReiwttL, Av-e, G e 14 Brief Description of Pro sed Action: /� /2.t Witi (/ � o wVte.� sem(°p A-CGeSe C V'e v%`u%^J o w tr1 2v", C i RECEIV 5. Is the proposed action, " NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? BOA OF A PEALS R 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: 11.Will the proposed action connect to existing wastewater utilities? NO YESES 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: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 11Shoreline ❑Forest ftriculturaligrasslands ❑Early mid-successional [ ❑ Wetland ❑Urban ESuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO ES 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 Page 2 of 4 RECEIVED MAY 15 'e,01 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? BOADriOF APPEALS 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: / 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: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: =1 8 V f^G Date: Signature: �z Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Pant 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 may may y r occur occur 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? V 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? v 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 No,or Moderate small to large impact impact 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, V-7 U;'1 duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and I V cumulative impacts. RECEIVED MAY I 'S 'did B®ARD OF APPEALS ❑ 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 RECEIVED APPLICANT/OWNER MAY 1 5 1.014 TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS 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. YOUR NAME : ?) I %.) fA LA-0 (Last name,first name,midditf initial,unless yo a applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or co pany's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 _ Sz If No,sign and date below.If 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 that 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 this day of "� 20 Signature 1,� k-G7 — Print Name LeI � �- � V i`�� l7 IJ V �J 00 •' '` RECEIVED C IVED 1125 Pequash Ave MAY 15 20114 IV, Cutchogue,NY 11935 April 25, 2014 BOARD OF APPEALS 6-7(4:90 Zoning Board of Appeals Town of Southold 54375 Main Road Southold,NY 11971 Dear Members of the Board, The purpose of this letter is to request that we postpone the inspection part of this accessory apartment special exemption permit application until this fall. Our summer calendar with the children is quite hectic and often unexpected. We appreciate your consideration of this request. Thank you for your time. Sincerely yo r Doug and iviano - --- � FORM No. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT ( ( ID Town Clerk's Office $OARp Southold, N. X. AY >(I I �AP �AlS BOARD OF APPEALS Certificate Of Occupancy Date Oct..... ........., 19 76 No. ... . . ... .. .. ... THIS CERTIFIES that the building located at Pequash, r'i1�ow,,,.. ,,. Street Map No. xx .... .. .. . Block No. . . . . ...Lot No. . xxx . . Cutchog}�e ....... ...... requirements for one family d"114og d lious g code conforms substantially to the Auxags}000ftm built before Certificate or occupancy dated . . . .. ..... . .Apr- -23. , 19.5T pursuant to which}��No.""7268 dated . . . .. .. . ..Oct. . 4......, 1976. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy for which phis certificate is issued is . . Private.one._fauilly dyrollinf. &.acceeory,buildinE..,.. ,... ... The certificate is issued to Itobt. J. Lnnis &. 1mo owner,of record.... .... ... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Pre— existing .. UNDERWRITERS CERTIFICATE No. lire— existinP....... .......:.............. HOUSE NUMBER . .. .1125.. , ... Street .PPAWAk .Q�k' ........ .............. 25 Willow St .. ...... ...... .......... ................ . ....... ............ .................... uilding Inspector iXED HOUSING CODE INSPECTION BOARD OF APPEALS October 1, 1976 1125 Pequash Ave. , 25 willow St. R-1 Cutchogue, N. Y. [� Tax Roll: Robert J. Ennis 6 ano. RECEIVE Unoccupied %_(� Upon request of Gary Olsen, Attorney, Mattituck, for a Pre- MAY - 5 X014 existing Certificate of Occupancy, I made an inspection of 9N 1 this one and one-half story, framed dwelling. I picked up the key from the Russell P. Silleck Agency, Cutchogue. I BOARD OF APPEALS began this inspection at approximately 2:00 P.M. The first floor consists of a kitchen, full bathroom, dining room, and living room. Front entry on Pequash Avenue is protected by enclosed porch. Side entry from Willow Street has a vestibule entering kitchen. Second floor has three bed- rooms. Heat is furnished to the first floor of building from a gas-fired, warm air furnace with heat outlet located in living room floor approximately centrally located in building. The building's foundation is clay block and provides a full cellar. The following violations of the Housing Code, Chapter 52, Town of Southold, New York, were found: Front and Rear Entrances - no lights on entry, Article V, Sectzon 52-56 B2. Heat - no heat provided to second floor rooms. Occupancy permitted on a seasonal basis only, Article V, Section 52-53 Al. Accessory building on property is a wood framed, one--car garage located in side yard facing Willow Street. Buildings and grounds in good condition. This inspection completed at approxi- mately 2V30 P.M. Key was returned to office of Russell P. Silleck. Respectfully submitted, a Edward Hindermann Klel-D) Building Inspector EH:med FORM NO. 4 CEI TOWN OF SOUTHOLD BUILDING DEPARTMENT 3OARD OF APPEALS Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED �-7(A CERTIFICATE OF OCCUPANCY MAY15 (� No: Z-31652 Date: o7 zo PARD OF .APPEALS THIS CERTIFIES that the building HEATING SYSTEM Location of Property: 1125 PEQUASH AVE CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 103 Block 7 Lot 20 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 4, 2006 pursuant to which Building Permit No. 31968-Z dated MAY 5, 2006 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 INSTALLATION OF A GAS HEATING UNIT & HEAT INTO SECOND FLOOR HABITABLE SPACE OF AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to GEROGE T. & GEORGE W. SCHNEIDER (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2101579 06/09/06 PLUMBERS CERTIFICATION DATED N/A Authorized Signature Rev. 1/81 .......... FORM N0. 4 • RE f1EIVx TOWN OF SOUTHOLD V40ARD OF APPEALS BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Hall Southold, N.Y. MAY 1 5 1 o C$RTIFICAT$ OF OCCUPANCY BOARD OF APPEALS NO: 2-32063 Date: 12 it 06 THIS CERTIFIES that the building ACCESSORY GARAGE Location of Property: 1125 PEOUASH AVE CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 103 Block 7 Lot 20 Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 20, 2005 pursuant to which Building Permit No. 31161-Z dated MAY 24, 2005 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 NON-HABITABLE ACCESSORY GARAGE WITH HALF BATHROOM & STORAGE ABOVE ONLY AS APPLIED FOR. The certificate is issued to GEORGE T.& GEORGE W.SCHNEIDER (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-06-0052 0812 06 ELECTRICAL CERTIFICATE NO. 2084241 04/2 06 PLUMBERS CERTIFICATION DATED 05/04/06 HARDY PLUMBING & HEATING ftAuixed Signature Rev. 1/81 Is 303-Aputnerit,mm,fwmdwt jang fmm tai w8Wwdwv1;xce1s1or,Inc.,PueLwHERmyc toot hmkm C1WW.guaranty,plain Englub 71M www.bknberg.com RECEIVEV, 6,y LEASE AGREEMENT SZ) The Landlord and Tenant agree to lease the Apartment at the Rent and for the Termted on these term: LANDLORD: TENANT: VeAD OFAPPEALS _a2uqRichard Stulsky ��n4..Le.e...B i.v.i a.n o.............................................. ..................................... .................................... ..... .............. Address for Notices.1225...Pequash Ave 1125 Pequash Ave, PO Box 116 .......................................................... ............................................................................................... Cutchogue, NY 11935 Cutchogue, NY 11935 ............................................................................................... ..........I...................................................................................... Apartment (and terrace, if any)212e ... tde.tache.d...Apt....ab.vg.arage....1125Pe.qau.sh.Ave...Cut.hogue NY ................... ....... ...... .............. ....... ......................... .................... Lease date: Term One_.Lj] Year................. yearly Rent $.9.840______.--_. nj__Lj,—2014 May 1 Monthly Rent 2014 s..$20 ending ay s..8 00 ——-----—------- "'Y-1---:1-:0 I Wft ----------------- en=---N ..................... Broker* 1. use The Apartment must be used only as a private Apartment to live in and for no other reason. Only a party signing this Lease and the spouse and children of that party may use the Apartment. Z. Farm e to give possession Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the Term. Rent shall he payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be pay- able as of the date possession is available,Landlord will notify Tenant as to the date possession is available.The ending date of the Term will not change. 3. Red,added rent The rem payment for each month must be paid on the first day of that month at Landlord's address. Landlord need not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month's rent is to he pard when Tenant Gins this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be calleJ"added rent."This added rent is payable as rent,together with the next monthly rent due.If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if Tenant failed to pay rent Payment of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments.The entire rent for the remaining part of the Term will then be due and payable. 4. Sea city Tenant has given Security to Landlord in the amount stated above.If Tenant fully complies with all of the terms of this Lease, Landlord a,return the Security after the Term ends. If Tenant does not fully comply with the terms of this I-ease, Landlord may use the Security to pay amounts owed by Tenant, induding damages. If Landlord sells or leases the Building, Landlord may give the Security to the buyer or lessee.Tenant will look only to the buyer or lessee for the return of the Security. 5. services Landlord will supply: (a) heat as required by law, and (b) hot and cold water for bathroom and kitchen sink. Stop- ping or reducing of service(s) will not be reason for Tenant to stop paying rent, to make a money claim or to claim evic- tion. Damage to the equipment or appliances supplied by Landlord, caused by Tenant's act or neglect, may be repaired by Landlord at Tenant's expense. The repair cost will he added rent. Tenant must pay for all electric, gas, telephone and other utility services used in the Apartment and arrange for them with the public utility company. Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems, because of accident, emergency, repairs, or changes, until the work is complete. If unable to supply any service because of labor trouble, Govern- ment order, lack of fuel supply or other cause not controlled by Landlord,Peandlord is excused from supplying that service. Service shall resume when Landlord is able to supply it. 6. Furnishings If the Apartment is furnished, the furnitureand other furnishings are accepted "as is." If an inventory is supplied each party sha?hralve a signed copy. 7. Repairs, alterations Tenant must keep, and at the end of the term return the Apartment and all appliances, equipment, furniture, furnish- ings and other personal property clean and in good order and repair. Tenant is not I responsible for ordinary weir and dam- age by the elements. If Cant defaults, Landlord has the right to make repairs and Tenant the cost. The cost will be added to and payable as rent.Tenant must not alter, decorate, change or add to the Apartment. S. Fire,accident, defects, damage Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Apart- ment can not be must of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is un- usable. If part of the Apartment can not he used,Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable.Landlord need only repair the damaged structural parts of the Apartment. Land• lord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless orivinall installed by Landlord-Landlord Is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply prob. Ions or any other cause not fully under Landlord's control. If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, or at the time of the fire or casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the fire or casualty by giving Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end 30 days after Landlord's cancellation notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty.If the Lease is cancelled Landlord is not required to repair the Apartment or Building. *It no broker,insert"None." 9. Liability Landlord is not liable for lose, expense, or damage to any person or property, unless due to Landlord's negligence. Tenant must pay for damages suffered and m ey spent by Landlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts o Tenant's family, employees, guests or invitees. 10. Landlord may enter,signs Landlord may at reasonable times, enter the Apartment to examine, to make repairs or alterations, and to show it to possible buyers,lenders or tenants. 11. Assignment and sublease Tenant must not assign this Lease or sublet all or part of the Apartment or permit any other person to use the Apart- ment. If Tenant does, Landlord has the right to cancel the Lease as Stated in the Default section. 12. Subordination This Lease and Tenant's rights, are subject and subordinate to all present and future: (a) leases for the Building or the land on which it stands, (b) mortgages on the leases or the Building or land, (c) agreements securing money paid or to be paid by a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages or leases or Lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is so subject and subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant. 13. Condemnation If all of the Apartment or Building is taken or condemned by a legal authority,the Term, and Tenant's rights shall end as of the date the authority takes title to the Apartment or Building. If any part of the Apartment or Building is taken, Land- lord may cancel this Lease on notice to Tenant-The notice shall set a cancellation date not less than 30 days from the date of the notice. If the Lease is cancelled,Tenant must deliver the Apartment to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant may have to any part of the award. Tenant shall make no claim for the value of the remaining part of the Term. 14. Tenant's duty to obey lawn and regulations Tenant must, at Tenant's expense, promptly comply with all laws, orders, talcs, requesta, and directions, of all gov. ernmental authorities, Landlord's insurers, Board of Fire Underwriters, or similar groups. Notices received by Tenant from any authority or group must be promey delivered to Landlord Tenant may not do anything which may increase Landlord's insurance premiums. If Tenant does, Tenant must pay the increase in premium as added rent 15. Tenant's defaults and Landlord's remedies RECEIVEL&1&0 A. Landlord may give 5 days written notice to Tenant to correct any of the following defaults: 1. Failure to pay rent or added rent on time. 2. Improper assignment of the Lease,improper subletting all or part of the Apartment. 3. Improper conduct by Tenant or other occupant of the Apartment. BOARD OF APPEALS 4. Failure to fully perform any other term in the Lease. B. If Tenant fails to correct the defaults in section A. within the 5 days, Landlord may cancel the Lease by giving Tenant a written 3 day notice stating the date the Term will and.On that date the Term and Tenant's rights in this Lease auto- matically end and Tenant must leave the Apartment and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses. C. If the Lease is cancelled, or rent or added rent is not paid on time,or Tenant vacates the Apartment,Landlord may in addition to other remedies take any of the following steps: I. Use dispossess, eviction or other lawsuit method to take back the Apartment,and 2. To the extent permitter)by law,enter the Apartment and remove Tenant and any person or property. D. If the Lease is ended or Landlord takes back the Apartment, rent and added rent for the unexpired Term be. comes due and payable. Landlord may re-rent the Apartment and anything in it for any Term. Landlord may re-rent for a lower rent and give allowances to the new Tenant.Tenant shall be responsible for Landlord's cost of re-renting.Landlord's cost shall include the cost of repairs, decorations, broker's fees, attorney s fees, advertising and preparation for renting. Tenant shall continue to be responsible for rent,expenses, damages and losses.Any rent received from the mrenting shall be applied to the reduction of money Tenant owes. Tenant waives all rights to return to the Apartment after possession is given to the Landlord by a Court. 18. Waiver of jury, eountereh&n, set off Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Apartment, Tenant shall not have the right to make a counterclaim or set off. 17. Notices Any bill, statement or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the Apartment. If to Landlord it must be mailed to Landlord's address. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. A notice must be sent by certified mail. Landlord must send a written notice to Tenant if Landlord's address is changed. 18. No waiver,illegality Landlord's acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord's rights. If a term in this Lease is illegal, the rest of this lease remains in full force. 19. Bankruptcy, insolvency If (1) Tenant assigns property for the benefit of creditors, (2) Tenant files a voluntary petition or an involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenaves, property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lesse. If any of the above is not fully dismissed within the 30 days,the Term shall end as of the date stated in the notice.Tenant must continue to pay rent, damages, losses and expenses without offset. 20. Rules Tenant must comply with these Rules. Notice of new Rules may be given to Tenant from time to time. Landlord need not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates these Rules.Tenant receives no rights under these Rules: (1) The comfort or rights of anter Tenants must not be interfered with. This means that annoying sounds, smells and lights are not allowed. (2) No one is allowed on the roof. Nothing may be placed on or attached to fire escapes, sills, windows or exterior walls of the Apartment or in the hallways or public areas. (3) Tenant must give to Landlord keys to all looks. Locks may not be changed or additional locks installed. Doors must be locked at all times. 'Windows must be locked when Tenant is out. (4) Apartment floors must be covered by carpets or rugs. No waterbeds are allowed in Apartments. (5) Doge, cats or other animals or pets an not allowed in the Apartment or Building. • • i*5 (6) Garbage disposal rules must be followed. Wash lines, vents and plumbing fixtures must be used only for their intended purpose. (7) Laundry machines, if any, are used at Tenant's risk and cost. Instructions must be followed. Landlord may stop their use at any time. (8) Moving of furniture, fixtures or equipment must he scheduled with Landlord. Tenant must not send Landlord's employees on personal errands. (9) Improperly parked cars may be removed without notice at Tenant's cost. (10) Tenant must not allow the cleaning of the windows or other parts of the Apartment or Building from the outside. (11) Tenant shall conserve energy. (12) Tenant may not operate manual elevators. Smoking is not permitted in elevators. Messengers and trade people must only use service elevators and service entrances. Bicycles are not allowed on passenger elevators. 21. Representations Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others. 22. Landlord unable to perform If due to labor trouble, government order,lack of supply, Tenant's act or neglect, or any other cause not fully within Landlord's reasonable control Landlord is delayed or unable to (a) carry out any of the Landlord's promises or agreements, (b) supply any service to he supplied, (c) make any required repair or change in the Apartment or Building, or (d) supply any equipment or appliances, this Lease shall not be ended or Tenant's obligations affected. 23. End of term At the end of the Term,Tenant must: Ieave the Apartment clean and in good condition, subject to ordinary wear and tear; remove all of Tenant's property and all Tenant's installations and decorations; repair all damages to the Apartment and Building caused by moving; and restore the Apartment to its condition at the beginning of the Term. If the last day of the Term is on a Saturday, Sunday or State or federal holiday the Term shall end on the prior business day. 24. Space"as is" Tenant has inspected the Apartment and Building.Tenant states they are in good order and repair and takes the Apart. ment "as is." 25. Quiet enjoyment and habitability Subject to the terms of this Lease, as long as Tenant is not in default Tenant may peaceable and quietly have, hold, and enjoy the Apartment for the Term. Landlord states that the Apartment and Building are fit for human living and there is no condition dangerous to health, life or safety. 26. Landlord's consent If Tenant requires Landlord's consent to any act and such consent is not given,Tenant's only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum from the rent because such consent was not given. 27. Lease binding on This Lease is binding on Landlord and Tenant and those that lawfully succeed to their rights or take their place. 28. Landlord Landlord means the owner, or the lessee of the Building, or a lender in possession. Landlord's obligations end when Landlord's interest in the Building is transferred. Any acts Landlord may do may be performed by Landlord's agent or em- ployees. 29. Paragraph headings The Paragraph headings are for convenience only. 30. Changes in lease This Lease may he changed only by an agreement in writing signed by and delivered to each party. 31. Effective date This Lease is effective when Landlord delivers to Tenant a copy signed by all parties. 32. Broker Landlord and Tenant recognize the above Broker as the Broker who brought about this Lease. Landlord is respon- sible to pay for the above Broker's commission. 33. Furnishings If the Apartment is furnished, the furniture and other furnishings are accented "as is." If an inventory is supplied each party shall have a signed copy. te-7teo PLECEMU BOARD OF APPEALS Rider Additional terms on.°!.2.......page(s) initialed at the end by the parties is attached and made a part of this Lease. Signatures Landlord and Tenant have signed this Lease as of the date at the top. LAND - , _..................................... ............................. :�. (,r .. .. ...` )��. ..................._......a WITNESS GUARANTY OF PAYMENT Date of Guaranty ..............................._........... Guarantorand address ............................................................................................................................................................... 1. Reason for guaranty I know that the Landlord would not rent the Apartment to the Tenant unless I guarantee Tenant's performance. I have also requested the Landlord to enter into the Lease with the Tenant. I have a substantial interest in making sure that the Landlord rents the Premises to the Tenant. 2. Guaranty I guaranty the full performance of the Lease by the Tenant. This Guaranty is absolute and without any condition. It includes, but is not limited to, the payment of rent and other money charges. 3. Changes in Lease have no effect This Guaranty will not he affected by an change in the Lease, whatsoever. This includes, but is not limited to, any extension of time or renewals.The Guaranty will bind me even if I am not a party to these changes. 4. Waiver of Notice I do not have to he informed about any default by Tenant. I waive notice of nonpayment or other default. 5. Performance If the Tenant defaults, the Landlord may require me to perform without first demanding that the Tenant perform. 6. Waiver of jury trial I give up my right to trial by jury in any claim related to the Lease or this Guaranty. 7. Changes This Guaranty can be changed only by written agreement signed by all parties to the Lease and this Guaranty. SignaturesGUARANTOR:.............................................................................. WITNESS: ................................................................................ State of New York, County of SS.: ACKNOWLEDGMENT RPL309-a(Do not use outside New York State) On before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (.signature and office of individual taking acknowledgment) EPA and HUD Lead Paint Regulations,Effective September 6,1996' Landlords must disclose known lead-based paint and lead-based paint hazards of pre-1978 housing to tenants? Use the following BLUMBERG LAW PRODUCTS(800 LAW MART)to comply: 3140 Lead Paint Information Booklet 3141 Lead Paint Lease Disclosure Form 3143WIN Disclosure form software 'December 6,1496 for owners of 1 to 4 residential dwellings. Leases for less than 100 days,0-bedroom units,elderly and handicapped housing(unless children live there")and housing found to be lead-free by a certified inspector are excluded. 4 zt o da 67(p0 (V ': a �' RECEIVED .s♦ > i . ! u W0 oc� i ; U , 1 i © to i n W /.l Y 1 . mai > _O = o BOARD OF APPEALS v -, H W ; Q xb . Q W (U : W to ::$ cn `c '' ro a 2t a y nS -r V ( �4 a, C14ra w a a4 M O Ln e to Ln Ln • U W :3NJJ UN04J i H H H 00 Rider to Lease Agr t Landlord: Doug and Lee Biviano Tenant: Richard Stulsky Date: May 11, 2014 1. Late Rent Fee. If Rent due on the first day of month is not paid by the 10'day of the month due, Tenant must pay Landlord an Added Rent or Late Rent Fee of$50 for that month. 2. Heating Temperature. Tenant must maintain an apartment temperature of 55 degrees Fahrenheit or higher when outdoor temperatures drop below freezing (32 degrees Fahrenheit). 3. Parking. Tenant must park vehicles in driveway in front of garage. 4. Garbage Disposal. Tenant must dispose of his own garbage in accordance with all Town of Southold laws. 5. Water Utility. Landlord shall pay for the water utility. Page 1 of 1 Cubo RECEIVED Pad A Y a 6 , BOARD OF APPEALS _ DECEIVE® ;vi ' fI lli 1125 Pequash Ave Cutchogue, NY 11935 B�AR� OF"gPPEALS April 25, 2014 Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 Dear Members of the Board, The purpose of this letter is to affirm that Douglas and Lee Biviano make our full-time primary residence at 1125 Pequash Ave, Cutchogue,NY 11935. Sincerely yours Do iviano V i*U'YL v— Lee Biviano �Ict~ )25� VICKI TOTH Notary Publi N 1 OfNewYork Qualified in Suffolk County Commission Expires July 28,2 �.u� Number of pages REcIF,��® RECORDED 1 2012 Jul 30 01:02:32 PM This document will be public JUDITH R. KSCRLE MAY /((J record.Please remove all CLERK OF SUFFOLK COUNTY Social Security Numbers L DLK OUNT prior to recording. DT# /15297 6046 �0ARI Op APPEALS Deed/Mortgage instrument' Deed/Mortgage Tax Stamp I D Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling VM. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX — R.P,T.S.A. Dual Town Dual County _ �+�— Held for Appointment ./ Comm.of Ed. S. 00 Transfer Tax '�d Affidavit • P Mansion Tax The property covered by this mortgage is Certified Copy or will be Improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on 1 j page othisis Instrument, 21 1000 10300 0700 020000 -I v 4 Dist. 1 12017656 .000 5 Community Preservation Fund Real PropertyP T S RCVYH A Consideration Amount$ 407,500 Tax Service A5.1UL-1 9 cy CPF Tax Due $ 5,150 Verification - — --- ----- _ - -- Improved x 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land David Worthington Olsen,Esq. TO I Q Olsen&Olsen,LLP TO P.O.Box 706 Cutchogue,NY 11935 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Fidelity National Title www.suffolkcountyny.gov/clerk Title# F12-7404-86085SUFF g7IC 8 Suffolk County Recording & Endorsement Page This page forms part of the attached. Bargain and Sale Deed _made by: (SPECIFY TYPE OF INSTRUMENT) George T. Schneider and George W.Schneider The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Douglas,.Biviano and Lee M Biviano In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over i RECEIVE® Bargain and Sale Deed with Covenants Against Grantor's Acts-Individual or Corporation MAY 15 f��� CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLYc THIS INDENTURE,made the ) r day of July, 2012 BETWEENPPE9LS i GEORGE T.SCHNEIDER,residing at 1020 Monsell Lane,P.O.Box 1261,Cutchogue,New York, i 11935; and GEORGE W. SCHNEIDER,residing at 1125 Pequash Avenue,P.O.Box 1028,Cutchogue,New York, 11935,as joint tenants with the right of survivorship i i parties of the first part, J DOUGLAS J.BIVIANO and LEE M.BIVIANO,being married to each other,both residing at 169 i Columbia Heights,#104,Brooklyn,NY, 11201 party of the second part, WITNESSETH,that the party of the first part, in consideration of TEN ($10.00)dollars, lawful money of the United States 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 at SEE SCHEDULE`A' ANNEXED HERETO BEING AND INTENDED TO BE the same premises conveyed to the parties of the first part by deed dated April 22,2005 which deed has been recorded in the Office of the Clerk of the County of Suffolk on May 4,2005 in Liber 12385 at page 350. 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 lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. i 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. j AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. i I i "L`/LlVLV • MAY 15 2014 O BOARnn OF APPEALS AND THE party of the fust 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 right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement,and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the fust part has duly executed this deed the day and year first above written. IN PRESENCE OF: �^ ZEEGI ID W. EIDER STATE OF NEW YORK:COUNTY OF SUFFOLK)ss: On the IT— day of July, 2012, before me, the undersigned, personally appeared GEORGE T. SCHNEIDER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. Notary Pu is DE90RAW DOTY Notartyy Public,State of Nowlbrk No.02D04829478- Suffolk County STATE OF NEW YORK:COUNTY OF SUFFOLK)ss: Con Nselon Expires On the day of July, 2012, before me, the undersigned, personally appeared GEORGE W. SCHNEIDER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instr anent, the individual, or the person upon behalf of which the individual acted,executed the instrument. Notary Public MARY KOLAKOWSKI Notary Public,State of New York No.01 K04870006 Qualified in Suffolk County Commission Expires Sept.2,2014 (3) 11C'?-�.—eo, RECEIVED 0 MAY I Fidelity National Title Insurance Company TITLE NO, F12-7404-86085SUFF BOARD OF APPEALS SCHEDULE A-1 (Description) i i I i ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point marking the intersection of the Easterly line of Pequash Avenue and the Northerly line of Willow Street; RUNNING THENCE Easterly along the Northerly side of Willow Street, North 46 degrees 29 minutes 30 seconds East 200.12 feet to land now or formerly of Ruth Zeller; RUNNING THENCE in a Northerly direction along said land, North 45 degrees 37 minutes 20 seconds West 70.0 feet to land now or formerly of John Doroski; RUNNTNG THENCE in a Westerly direction along said land, South 46 degrees 29 minutes 30 seconds West 200.03 feet to the Easterly side of Pequash Avenue; RUNNING THENCE in a Southerly direction along the Easterly side of Pequash Avenue South 45 degrees 28 minutes 20 seconds East 70.0 feet to the point or place of BEGINNING. i I • I I i I THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which bylaw constitute real property. ' i FOR CONVEMPICINC ONLY: Together.with all the,right, title and interest of the party of the first part, of in.and to the land lying i ih the street in front of and adjoining said premises.' SCHEDULE A=1 (Description) I i 000 0 - 0,o2-0 TOWN OF SOUTHOLD PROPERTY REC ORDOCARD ~ z )WNER STREET //2_5 VILLAGE DIST. SUB. LOT a* Pe ua s Ave.,v c fc a v e- =ORMER OWNER N E ACR. —7• afras a 3I 1pn:�)k► (vsw,•*a/)D S W TYPE OF BUILDING 4 47/?- ma I w I L L o w S t I P k S SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 76,17 (-o0 606 X00 S3/ ,c E. :rc T t w/3 o- Amo, P 2 S'�v / .11 L *1g oco A...,o y Amo %o M 37pa6 vAfsf/ )f /7f KOO goo-" , a _ /I - blons/r,' Jablon�slt, �c•�,-ar ,,-00 O 5000 5-1 10L 05- -3112-9 (+-mo of She AGE BUILDING CONDITION 5 3I I(o I JEW NORMAL BELOW ABOVE =ARM Acre Value Per Value , Acre V S- Y 7///�D3 - P Cn Ef• illable 1 5 do 6p#31116 ff hpl fjyA unit oqL"a f cay illable 2 liable 3 'oodlond vomplond FRONTAGE ON WATER U�App •ushland FRONTAGE ON ROAD ouse Plot DEPTH QL) f� BULKHEAD )tol DOCK _- _ RECEIVED KV 15 �1'17��D BOARD OF APPEALS • ,i - RECEIVED i FOLOR -' ■■■■■■ ■■■■■■■■■�■■■■■■■�eraca ■■■■■■� ■■■■■■■■■I■■R�+■o■i�r—. MIM ■■■■ ■ ■■�!�■1■■■■IE3�E�1■■■■■ �� -� - - y � ■■■■■■■ ©E�'ii■■■■■I■Gid-.�■■■■■■ 103,7-20 ---- rte' ,. ■■■■■Srr. ■■■■■■■■■s■■■r■r xte 13, Floorsi��ion Basement ®® xtenslon !45Fire � �— . _ • 7 -- tl � Rooms I st Floor BR. -3 Recreation R ® z oom Rooms 2nd Floor� .. ► y 66>3-az __ � 3a rage Patio ©---�, Tot^ ��■■� i 3107Y . 3r 3 As r MAY IL 5 BOARD OF P t OF Ar a<, RECEIVED P MAY 15 2014 d ARD OF APPEALE µ m a) i I i a Li t 7� Q BOARD MEMBERS *OF SO�rSouthold Town Hall Leslie Kanes Weisman,Chairperson ��`1� O� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing p �� 54375 Main Road(at Youngs Avenue) Ken Schneider I�COU Southold,NY 11971 RECEIVES http://southoldtown.northfork.net ZONING BOARD OF APPEALS RE El ED .AY 1 5 014 TOWN OF SOUTHOLD 3 a, BOARD OF APPEALS Tel.(631)765-1809-Fax(631)765-9064 ,Y M Y 2 4 FINDINGS,DELIBERATIONS AND DETERMINATION So thold Town Clerk MEETING OF MAY 17,2012 ZBA Application No.: 6558 Applicants/Owners: George Schneider SCTM41000-103-7-20 Property Location: 1125 Pequash Avenue(corner Willow Street)Cutchogue,NY 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 ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 16, 2012 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. 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 13,996 square feet with 70.00 feet along Pequash Avenue,200.12 feet along Willow Street, 70.00 feet along the northeastern property line and 200.03 feet along the western property line as shown on the survey dated 03-31-2005, last revised 08-13- 2006 prepared by John C. Ehlers Land Surveyor.. The property is improved with a single-family two-story residence and a one story accessory structure as shown on the survey by John C. Ehlers . The accessory structure has a Pre-CO of record dated October 4, 1976 under Certificate of Occupancy#Z7268 confirming that the: accessory garage was built prior to January 1,2008. ADDITIONAL INFORMATION: The applicant acknowledged that the property is for sale and is aware that the future buyer will have to re-apply for a Special Exception. He further stated that he has an application into the affordable housing director for the current renter,who he believes qualifies for the program. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on May 3,2012,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. RECEIVED Page 2 of 3-Ma17,2012 ;. ��o ZBA File#6558 Schneider (�'f CTM: 1000-103-7-20 0 p BOARD In considering this application, the Board has reviewed the code requirements set forth pursuant to ArticiePPEALS 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 first floor of the accessory garage with an area of 800 square feet of livable floor area in conformity as proposed,as described and shown on the floor plan by Boulevard Planning East dated 5/16/05 and signed by Certified Architect,and as confirmed by the Building Inspector in a memorandum titled"Verification of livable Floor Area"dated March 12,2012 and received by the Board of Appeals on March 21,2012. 2, The dwelling unit does not comply 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 is all on one floor with only one full bathroom. The Board finds that the area variance for the additional fifty (50) square feet is not mathematically substantial and the layout of the as built accessory apartment does not make it physically feasible to reduce the size to conform to code. 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 III, Section 280-13(B)(13)(j, 1-4),and as documented by Homeowners Insurance Bill and National Grid Electric Bill. 4. The occupant of the accessory apartment is a resident who is currently on the Southold Town Affordable Housing Registry,as documented by Town of Southold Certificate of Eligibility dated May 9, 2012 and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4). 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 John C. Ehlers dated 8/13/2006. 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 is 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 is located, 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. RECEIV� Page 3 of 3—May 17,2012 Z13A File#6558-Schneider 7 CFM: 1000-103-7-20 MAY 15 /014 BOARD RESOLUTION: On motion by Member Goehringer,seconded by Member Weisman BOARD OF APPEALS (Chairperson), it was RESOLVED,to GRANT,a Special Exception for an Accessory Apartment, in the existing Accessory Structure,as applied for. And, GRANT an area variance for the livable floor area of 800 square feet. 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),Dinizio, Goehringer,Schneider,Horning. This Resolution was duly adopted(S-O). Leslie Kanes Weisman, Chairperson Approved for filings-- /a3 /2012 90 0• * * * RECEIPT * * * Date: 05/16/14 Receipt#: 169518 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6760 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1121 $500.00 Biviano, Douglas J. Name: Biviano, Douglas J. 169 Columbia Hgt 104 Brooklyn, NY 11201 Clerk ID: CAROLH Internal ID:6760 to 00 .1Ng1FF0t/r , ELIZABETH A.NEVILLE,MMC yam ��/y Town Hall,53095 Main Road TOWN CLERKc P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O •� Fax(631)765-6145 MARRIAGE OFFICER y,� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.( `�►� 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: May 16, 2014 RE: Zoning Appeal No. 6760 Transmitted herewith is Zoning Appeals No. 6760 for Douglas Biviano& Lee Biviano- The Application to the Southold Town Zoning Board of Appeals for Accessory Apartment in an Accessory Building. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, Letter from Doug& Lee Biviano Dated April 25, 2014, Certificate of Occupancy No. Z7268 for Private One Family Dwelling&Accessory Building Dated October 4, 1976, Housing Code Inspection Dated October 1, 1976, Certificate of Occupancy No. Z-31652 for Installation of a Gas Heating Unit& Heat Into Second Floor Dated July 10, 2006, Certificate of Occupancy No. Z-32063 for Non-Habitable Accessory Garage with Half Bathroom& Storage Dated December 11, 2006, Plans Showing Floor& Foundation Plan Dated May 16, 2005 Prepared by Boulevard Planning East P.C., Five Pages of Lease Agreement Between Doug & Lee Biviano and Richard Stulsky Dated June 9, 2013, Letter from Doug & Lee Biviano to affirm that they live at 1125 Pequash Ave.. Cutchogue, Four Pages of Deed Between George T. Schneider& George W. Schneider to Douglas & Lee Biviano Dated July 18, 2012, Copy of Nationalgrid Bill for Douglas Biviano Dated January 20, 2014, Copy of PSEG Bill Dated February 22, 2014 for Douglas Biviano, Affordable Housing Programs Certificate of Eligibility Dated May 9, 2012, Two Pages of Property Record Card, Two Pages of Photos of Apartment, Three Pages of Findings and Determinations No. 6558 Dated May 17, 2012, Copy of Survey Showing Property as it Exists Dated August 13, 2006 Prepared by John C. Ehlers Land Surveyor. Toth, Vicki From: Doug Biviano <dbiviano@gmail.com> Sent: Saturday, August 23, 2014 10:22 PM To: Toth,Vicki Subject: 1125 Pequash Ave, Did not meet deadlines Dear Vicki, I'm sorry, we were away and when I sat down today to do the legal notice I realized that I missed the August 18th deadline to mail for the September 4th hearing. Can we do for October? I'm really stressed out about this, hoping this is not a problem. It says on the instructions to contact you promptly. Also, is it necessary for me or my wife to attend the hearing? Thanks, Doug Biviano 917-257-3652 cell #6760 1125 Pequash Ave Cutchogue, NY 11935 i IA )�U Toth, Vicki From: Doug Biviano <dbiviano@gmail.com> Sent: Monday, August 25, 2014 3:19 PM To: Toth, Vicki Subject: Re:Interior inspection Hi Vicki Sorry. We're out of town. Can we please postpone? October is so much better. There is no way we can get mailings out today. I'm so sorry. I hope you understand how stressed out this had made me realizing I missed the date. Thank you, Doug Biviano On Mon, Aug 25, 2014 at 3:10 PM, Toth, Vicki <vicki.tothktown.southold.ny.us> wrote: Mr. Biviano I need to schedule an interior inspection of the apartment. Please advise you received my first email and you intend to go forward with your application on September 4t'. Thank you, Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) i Toth, Vicki From: Doug Biviano <dbiviano@gmail.com> Sent: Thursday, October 02, 2014 12:21 PM To: Toth, Vicki Subject: 1125 Pequash Hi Vicki, I forgot to mention when I handed you the certified mail delivery notification receipts that I did hand deliver the notice, cover letter and a copy of my survey to Mr. Alan Glover at 1020 Pequash Ave. I spoke to him twice in person about the notice but he was always in a big rush because this is his busy time. He does trucking for the farmers and the vineyards. He's barely been home and laughed at the thought of stopping at the post office to pick up the certified letter,just way too busy. Hope this isn't an issue. Good to see you. Thanks, Doug Biviano 917-257-3652 cell i Toth, Vicki From: Doug Biviano <dbiviano@gmail.com> Sent: Thursday, September 25, 2014 11:09 AM To: Toth,Vicki REC Subject: 1125 Pequash Special Exception SEP(a Z& Dear Ms. Toth, 304RO OFAPPPAL S I am writing to advise you of the status of our accessory apartment since it was last approved in 2012 by the Town of Southold for the previous owner of this property, George Schneider. 1. The interior and exterior of the accessory apartment has not changed since. 2. The same tenant, Richard Stulsky, still resides in the accessory apartment and the lease is current. 3. The Hearing Notice signs were posted as instructed on Monday Sept. 22.. Thank you for your time and help in this process. Sincerely, Doug Biviano 917-257-3652 cell 1125 Pequash Ave Cutchogue,NY 11935 i BOARD MEMBERS • • Southold Town Hall Leslie Kanes Weisman,Chairperson ��F SO Southold 53095 Main Road-P.O.Box 1179 � � Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer CO* Town Annex/First Floor,Capital One Bank George Horning ,'`'cam �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOW��`�.'' 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, OCTOBER 2, 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, OCTOBER 2, 2014: 9:50 A.M. - DOUGLAS and LEE BIVIANO #6760 — (adj. from 9/4/14 PH) 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: 1125 Pequash Avenue (corner Willow Street) Cutchogue, NY. SCTM#1000-103- 7-20 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: September 8, 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 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, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net September 8, 2014 Re : Town Code Chapter 55 -Public Notices for Thursday, October 2 , 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 September 15th: 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 hearing providing the returned letter to us as soon as possible; AND not later than September 22nd: 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 September 20: 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 September 30, 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 Ends. � NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold : NAME : BIVIANO , DOUGLAS # 6760 SCTM # : 1 000- 1 03-7-20 VARIANCE : SPECIAL EXCEPTION 0 REQUEST: ACCESSORY APARTMENT IN ACCESSORY BLDG . DATE : THURS . , OCT . 21 2074 9 :50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING � BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS 4—L SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York,being duly sworn, deposes and says that: r On the C ay of � , 20 , I personally mailed at the United States Post Office it?47 New York, by CERTIFIED MAIL, RETURN RECEIPT REQUEST a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding th t' roperty.,,' =a (Signature) Sworn to be ore me this day of , 20 VICKI TOTH p Notary Public Stat,g of New York No.M06190696 (Notary Public) Qualified in Suffolk Coun Commission Expires July 28,2 �Q 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. i Postal Serv' U-CE Q • • , RECEIPT _ Iti —Only;NO InsuranceRECEIPT ..� overag • cc _fDornestic Mail Only;co ilymCERTIFIED rk CoverageInsurance Provide• § M ,9 `O ^� n.i mru g ir Postage $ $0.49 0935 C3 3 Certified Fee D Postage $ $0.49 0935 p $3• j� � �� Certified Fee /x � Return Receipt Fee j Postm �, o $3.30 06� (Endorsement Required) $2.70 Here 10 Return Receipt Fee Postmark��' W 0 (Endorsement Required) -' S Restricted Delivery Fee I S �„ O q ) $2.70 �� Fp .I Ire W 0 (Endorsement Required) $0 00 .� Restricted Delivery Fee / U, f1J p (Endorsement Required) $0.00 4`,c C3 Total Postage&Fees $649 �� ru M . O Total Postage&Fees M Sent o m f m Sent To O Am,.; or PO Box No. h- S -` /��/ Street, Pt No.; I�7 - ?= f or PO Box No. l li�� Stat O /�-------- U.S. . 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RECEIPT ru (Domestic Only; -71 C- D.. /• • C m EU ITI Er 0935 Postage $ $0.49 0935 ru Certified Fee $3.34 a D� Postage $ $0.49 0935 �(, O Return Receipt Receipt Fee - y~ Certified Fee �1'^ ' Postm $3.30 i 0 (Endorsement Required) $2.70 C) Here C3Return Receipt Fee O Endorsement R per,, Restricted sem Delivery Fee �`► ( Required) $2.70 7�re ark p Indorsement Required) $0.00 V Cil Restricted Delivery Fee ru . G N (Endorsement Required) $0.00 S M Total Postage&Fees � $6.49 riy M 86 O Total Postage&Fees Sent To m $ $6.49 ► t r� M ant To 'a t m J o Sneer r."No.;- - -- (v•�� r-� or PO Box No. ��/IT�) ae pfieet, """" S *-� L N or PO Box No. "__ - ---G-S�-(------------------- �j^�Q a f City,State.Zt ------------------ --•--- TOWN OF SOUTHOLD �- v ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK 131V J Gk X10 AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, o., residing at New York, being duly sworn, depose and say that: On the day of , 201 I I personally placed the Town's Official Poster, with the date o earing 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 ignature) Sworn tofore m this Day of� 201 l� Notary Pub� StetKI of New York No.Uin Suffolk 96 Co ualfied in Suffolk County ommi-i—rvnireC huh,7R Sit (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. 0 "�S- Z Sf-,",A)Ek �)".IPLETE Till,,' Sf C[;(),"J COMPL F7E THIS SECT, ON DELIVERY 1 3O El ❑ ■ Complete Items 1,2,and 3.Also complete A. Signature o. Item 4 if Restricted Del Is desired. _ E3A w ■ Print your name and adder the on reverse ❑Addressee so that we can return the card to you. B. Received by(PdWed Name) D of Deliv m 1. Article Addressed to: U d ^ CD ■ Attach this card to the back of the mailpieoe, ���� i or on the front H space permits. WCYjnfP � � �❑13C3 � � D. Is delivery address di fe a, from(dam 1? ❑Yes_ i H YES,enter delivery addfess beJ�y,; ❑fJta. � � Er ` (A-1 rn.. r l n D I� ZS Zai Q o o i QQ 6U r ( Z Q 3. Service Type ru tCertified Mail 13DpeseMail K ao c co a p �� E3oc v Registered Return Receipt for Merchandise m 2 13 Insured Mall ❑C.O.D. m J 4. Restricted Delivery?P"Fee) [3Yes I 2. (rmmdbr ftmr 7013 3020 0001 9023 8724 ; E y (fnlrescbr 1►om Service/a6e4 � _ .� �m V ' PS Form 3811,February 2004 Domestic Return Receipt._ NDER: . • . E A. signature N � g Complete items 1,2,and 3.Also complete 8 3 Agent Item 4 if Restricted Delivery is desired. X @. Addressee Print your name and address on the reverse so that we can return the card to you. g, q by(Printad C. of Wary � $ �.1Co Attach this card to the back of the mailpiece, � ---}S. m or on the front If space permits. delivery address diffYeserent from item Article Addressed to: If YES,enter delivery add ❑No 2 `o v ' ■ ■ ■ r N d'0 wa sL- a❑ Cl o 3. Service r": ��O13ly Resered Receipt 1i 1ti for Merchandise y� U (3 Insured Mail ❑C.O.D. rL13 4. Restricted D~XK t Fee) CI yes ° lid m: { 000 ru lrticie Number �rwmwfromserr+o.� 7013 3020 0001 9023 8694 ` a � � — � ttnse5 o2-M tt�0 Form 3$11,F 1arY 2004 Domestic Return Receipt a' ( a ----- C3 fol (00 LL } - = D dm o V � C3 ■ Compleba iDems 1 2,and 3.Also complete A c ❑Agent a,; Item 4 If Awha steel Delivery Is desired. m ■ Print your name and address on the reverse X ❑ m Printed Name) C. of Very ra so that we can return the card to you. B. ( ,f') r3 ■ Attach this card to the back of the mallplece, C t or on the front If space permits, ' D. Is delivery address ditwd from Idem 1? Yo 1. de Addressed to H YES,enter delivery address bel)w: ❑ 0"E (� 3.�Service TAN CertHled Mail ❑EWM Mall ❑Registered G Return Receipt for Merchandise '� V a Insured Mail 0 C.O.D. L' Del (Extra Fee) ❑Yes 4. Restricted Delivery? (v . 2. Article Number c - �-.► r` \ 7013 3020 0001 ' PS Form 3811,Febmv 2004 Domestic Return Receipt ,D x2401.1940 4 #11884 • 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 25th day of September, 2014. ago A.M. • DORIS L.. WILLS TRUST#6794-Request for Variances from Articles=11 and XXII,Sections 280-124 and 280-116B-and the Building Principal Clerk Inspector's August 4,2014 Notice of Dis- approval based on an application for a LEGAL NOTICE deck addition to an existing single fam- SOUTHOLD TOWN ZONING ily dwelling,at;1)less than the code re- BOARD OF APPEALS quired single side yard setback of 15 feet, THURSDAY OCTOBER 2,2014 2)less than the code required bulkhead PUBLIC HEARINGS I setback of 75 feet,located at:1815 Bay- day of 2014. NOTICE IS HEREBY GIVEN,pur- shore Road(adj.to Pipes Cove)Green- suant to Section 267 of the Town Law port,NY.SCTM#1000-53-4-8 and Town Code Chapter 280 (Zoning), 10:40 AX - KYLE MATTHEW Town of Southold,the following public NICHOLS#6795-Request for Variance f hearings will be held by the SOUTH- from Article III Section 280-15 and the OLD TOWN ZONING BOARD OF Building Inspector's August 18,2014 No- v`� APPEALS at the Town Hall, 53095 lice of Disapproval based on an applica- . R STINA VOLINSKI Main Road, P.O. Box 1179, Southold, tion for building permit for accessory NOTARY PUBLIC-STATE OF NEIN YORK New York 11971-0959,on THURSDAY in-ground swimming pool,at;partial lo- OCTOBER a NO, d l Vp6105©b0 OCTOBER 2,2014. cation other than the code required rear 9:45 A.M. - MICHAEL RANSON yard,located at:830 Deerfoot Path Cu- yard, 5) accessory garage proposed in L''H hM -WILL AM R GRELLA A #6753-(adj.from August 7,2014 PH) tchogue,NY.SCI'M#1000-10344 a location other than the front(water- r. rind GARY D. OSBORN#6773 - Re- Request for Variance from Article XXII 11:00 A.M.-RYAN and CHRiR7 INA front)or rear yard,located at:8100 In Quest for Variances from Articles XXIII, Section 280-116B and the Building In- WLLSBERG#67%- This is a request than Neck Lane(adj.to Hog Neck Bay) XXII and III,Sections 280-56,280-116B spector's March 17,2014 Notice of Dis- for a Waiver of Merger under Article II, Peconic,NY.SC1M#1000-86-7-9 and 280-14 (Bulk Schedule) and the approval based on an application for Section 280-10A,t9 unmerge land iden- 11A0 A.M. FOgK COM Building Inspector's August 7, 2013, building permit for"as built"accessory tified as SCTM#1000-122-5-23.4,based -Request amended and renewed May 19, 2014, structures (shed/deck), at;.l) less than on the Building Inspector's September 2, for Variance from Article XSection 280. amended June 2, 2014, amended July the code required bulkhead setback of 2014 Notice of Disapproval,which states 46(Bully Schedule)and the Building In- 14,2014,Amended September 17,2014 75 feet, located at: 8740 Peconic Bay adjoining conforming or nonconform- spector's June 23,2014 Notice of D6p- Notice of Disapproval based on an ap- Boulevard (adj.to Great Peconic Bay) : Ing lots held in common ownership shall proval based on an application for build- Plication for building permit for partial Laurel,NY.SCTM#1000-126-5-2.1 E merge until the total lot size conforms ing permit for additions and alterations demolition, reconstruction, additions 9:50 A.M. - DOUGLAS and LEE to the current bulk schedule(minimum to existing theater building, at; 1) less 'and alterations of an existing single fam- BIVIANO#6760-(adj.from 9/4/14 PH) 40,000 square feet in this R40 Resi- than code required rear yard setback of ily dwelling,at;1)less than the code re- Applicant requests a Special Exception dential Zone District)this lot is merged 25 feet,located at:12700 Sound Avenue quired front yard setback of 35 feet,2) under Article III,Section 280-13B(13). with lot 1000-122-5-23.5,located at:3549 Mattituck,NY.SCTM#1000-141-4-32.4 less than the code required single side The Applicant is the owner requesting and 4095 Ole Jule Lane Mattituck,NY 1:00 PM. - PATRirx A.,a un>an.i yard setback of 25 feet,3)less than the authorization to establish an Acces- SCTM#'x1000-122-5-23.4&23.5 WALDEN#679tm- This is a request for cede required combined side yard set- sory Apartment in an accessory struc- M20 A.M. - BARBARA ADAMc a Waiver of Merger under Article II, back of 50 feet,4)more than the code ture, located at: 1125 Pequash Avenue and JAN NICHOLSON'(M #6792 Section 280-10A,to unmerge land iden- permitted maximum lot coverage of (corner Willow Street) Cutchogue,NY. - Request for Variances from Article tified as SCTM#100041.-1-14,based on 30%,5)less than the code required bulk- SCTM#1000-103-7-20 XXII Section 280-116B and Article the Building Inspector's May 15,2014 head setback of 75 feet,6)more than the 10:00 A.M. - MICHELLE PELLE- XXIII Section 280-124 and Section 280- Notice of Disapproval,which states ad- cede permitted 2 stories,located at:1200 TIER #6784 - (Adj. from 9/4/14 PH) 15(F)and the Building Inspector's May joining conforming or nonconforming First Street(adj.to Great Peconic Bay) Request for Variances from Article III 28,2014,amended July 29,2014,amend- lots held in;common ownership shall New Suffolk,NY.SCTM#1000-117-7-30 Section 280-15 and the Building Inspec- ed August 4,2014 Notice of Disapprovalmerge until the total lot size conforms IAS P.M.-WILLIAM F G FLLA tor's July 18,2014 Notice of Disapproval based on an application for building per- + to the current bulk schedule(minimum stat GARY D.OSBORN#6789-This is based on an application for building I mit for partially demolish and relocate 40,000 square feet in this R-40 Residen- a request under Section 280-146D for an permit for 'as built' accessory sheds an existing single family dwelling as an tial Zone District)this lot is merged with Interpretation of the Town Code,Article and hot tub, at; 1) proposed location accessory building,construct a new sin- lots 100041.-1-12&15, located at: 105 III,Section 280-14(Bulk Schedule),ap- other than the code required rear yard, j gle family dwelling and construct a new Main Street,100 Wilmarth Avenue and pealing the Building Inspector's August 2) 10X10 shed located at less than the accessory garage,at;l)less than the code 1220 Wilmarth Avenue Greenport,NY. 7,2013,amended and renewed May 19, code required minimum side and rear required setback of 75 feet from the SCTM#'s1000-41:1-14,15&12 2014, amended June 2,2014, amended yard setback of 5 feet,located at:53(aka bulkhead,2)less than the code required 1:20P. L-DFpOT FNTFRpRiSFC July 14,2014,revised September 17,2014 350)Osprey Nest Road(corner Harbor front yard setback of 40 feet,3)less than INC•#6791-This is a request under Sec- Notice of Disapproval building permit Road) Greenport,NY.SCTM#1000-35- the code required rear yard setback of tion 280-146D for an Interpretation of for partial demolition, reconstruction, 6-17 40 feet,4)accessory building in location the Town Code, Article VIII, Section additions and alterations of an existing other than the front(waterfront)or rear 280-38,"Permitted uses",appealing the single family dwelling,at;1)more than Building Inspector's July 28,2014 Notice the code permitted 2.5 stories„located of Disapproval for"as built"permit to at:1200 Fust Street(adj.to Great Pecon- convert the single family portion of an is Bay)New Suffolk,NY.SCTM#1000- existing non-conforming fitness club 117-7-30 building to a retail flower shop(not a The Board of Appeals will hear all permitted use),located at:29325 Main persons or their representatives,desiring Road (Depot Lane) Cutchogue, NY. to be heard at each hearing,and/or desir- SCI'M#1000-102-2-12.6 ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view 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.nyus. Dated'.September 8,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON BY Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(Mk ling/USPS) P.O.Box 1179 Southold,NY 11971=0959 11884-1T 9/25 • • BOARD MEMBERSSOF SOSouthold Town Hall UTy Leslie Kanes Weisman,ChairpersonQlO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning O 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQUN N, 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, SEPTEMBER 4, 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, SEPTEMBER 4, 2014: 11:00 A.M. - DOUGLAS and LEE BIVIANO #6760 - Applicant requests a Special Exception under Article 111, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 1125 Pequash Avenue (corner Willow Street) Cutchogue, NY. SCTM#1000-103-7-20 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.nv.us Dated: August 11, 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 w #11844 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 28th4 day of August, 2014. r LEGAL NOTICE Principal Clerk SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY SEPTEMBER 4,2014 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law and me this day of 2014. Town Code Chapter 280(Zoning),Town 10:10 A.M. - WILLEM KOOYKER of Southold,the following public hearings and JUDITH ANN CORRENTE#6788 will be held by the SOUTHOLD TOWN -Request for Variance from Article XXII ZONING BOARD OF APPEALS at the Section 280-116A(1) and the Building Town Hall,53095 Main Road,EO.Box Inspector's July 29,2014 Notice of Disap- 1179,Southold,New York 11971-0959,on proval based on an application for build- THURSDAY SEPTEMBER 4.2014. ing permit for a porch addition to existing 9:45 A.M. -WILLIAM F. GRELLA single family dwelling,at;l)less than the and GARY D.OSBORN#6773-Request code required setback of 100 feet from CHRISTINA VOLINSKI for Variances from Articles XXIII,XXII the top of bluff,located at:7832 Claypoint NOTARY PUBLIC-STATE OF NEW YORK and III,Sections 280-124,280-116B and Road(adj.to Fishets'Island Sound)Fish- No. 01V06105050 2.A0-14(Bulk Schedule)and the Building ers Island,NY.SCTM#1000-3-1-5 Inspector's August 7,2013,amended and 10.20 A.M. RICHARD E. and Qualified in Suffolk County renewed May 19, 2014, amended June AMANDA JT.RIEGEL 111#6786-Re- My Commission Expires Februory 28, 2016 2,2014,amended July 14,2014 Notice of quest for Variance from Article III Section Disapproval based on an application for 280-15 and the Building Inspector's June 11,10 A.M.-DOI JGI A S aW i.F.F.ILL- l ua ML-JUNIA KARAXASH#6780 , building permit for partial demolition, 18,2014 Notice of Disapproval based on VLANO#6760-Applicant requests a Spa Reqs for Variance from Article XXIII reconstruction, additions and alterations an application for building permit 19r'as tial Exception under Article III,Section Section 284.124 and the Building Inspeo- of an existing single family dwelling,at; built'accessory shed/greenhouse,at;l)lo- 280-13B(13).The Applicant is the owner tor's June 30,2114 Notice of Disapproval 1)less than the code required front yard cation other than the code required rear requesting authorization to establish based on an application for building permit setback of 35 feet,2)less than the code yard, located at: 3651 Crescent Avenue Accessory Apartment in an accessory to construct adchwns and alterations to an required rear yard setback of 35 feet,3) (comer Central Avenue, Munnatawket structure, located at: 1125 Peyuash Av- existing single family dwelling,at;1) less less than the code required single side Avenue and Fox Avenue)Fisher's Island, enue (corer Willow Street) Cutchogue, than the code required rear yard setback yard setback of 10 feet,4) less than the NY.SCTM#1000-6-3-1 NY.SCTM#1000-103-7-20 of 35 feet,located at:1170Third street New code required combined side yard setback 10:30 A.M. - JOSEPH LICCIARDIKATHLEEN AGOG .LLA Suffbk NY.SCTM#1000-117-7-16 of 25 feet,5)more than the code permit- and CATHERINE PINO.#6782-Appli- KM-Request for Variance from Article 1:30 P.M. - JANET VAN ADEL-S- ted maximum lot coverage of 20%,6)less cant requests a Special Exception under XX M Section 280.124 and the Building BERG#6783 - Request for Variances than the code required bulkhead setback Article III,Section 280-13B(13).The Ap- Inspector's March 26,2)14,renewed July from Article III Section 280-15 and the of 75 feet,7)more than the code permitted plicant is the owner requesting authoriza- 14,2014 Notice of Disapproval based on Building Inspector's July 16,2014 Notice 2.5 stories,located at:1200 Fust Street(adj. tion to establish:an Accessory Apartment an application for building permit to corn- of Disapproval based on an application to Great Peconic Bay)New Suffolk,NY. in an accessory structure,located.at: 50 struct a porch addition to existing sinille for building permit to construct accessory SCTM#1000-117-7-30 Cleaves Point Road(adj.to Orient Har- family dwelling,at;1)less than the code shed and in-groundsveimming pool, at; 9:•45 A.M.-WILLIAM F. GRELLA boo East Marion,NY. SCTM#1000.38- required minimum side yard setback of 15 1)proposed location other than the code and GARY D.OSBORN#6789-This is 2-31 feet,located at:6205 Peconic Bay Boule- required rear yard,located at:4247 Wells a request under Section 280146D for an 10:40 A.M. - JOSEPH LICCIARDI vard Laurel,NY.SCTM#1000-126-10-24 Road(adj.to Richmond Creek)Peconic, Interpretation of the Town Code,Article and CATHERINE PING#6781-Request 11:20 A.M.-JOHN R.LYNCH#6785 NY.SCTM#1000-86-1-9.5 III,Section 280-14 (Bulk Schedule),ap- for Variances from Article XXIII Section - Request for Variance from Article 12 150 P.M. - ELIZABETH SAM pealing the Building Inspector's August 7, 280-124 and the Building Inspector's April Section 280-15 and the Building Inspect- #6787-Request for Variances from Ar- 2013,amended and renewed May 19,2014, 18,,, 14,renewed Jullr 14,2014 Notice of ton's December 10, 2013, renewed July ticle XXIII Section 280-124,Article XXII amended June 2,2014,amended July 14, f21,2114 Notice of Disapproval based oa Section 280-116 and Article III Section 2014 Notice of Disapproval building per Disapproval bad an or an application for building permit for'as 280-15 and the Building Inspector's July mit for partial demolition,reconstruction, bmldmg pest to eoush-W built'a cessoat,l 1p 30,2)13,renewed May 23,2)14,July 30, additions and alterations of an existing alterations to an existing single fpm cation other dean code proposed 2014,Amended August 8,2014 Notice of single family dwelling,at;l)more than the ily dwelling,at;1)less than the code to required t roust based on an application for code permitted 15 stories„located at:1200 quired minimum side yard setback of 15 yard,located at:1020 Glenn Road(adj.to SPP PP canal Soudtoid,NY SCI•M#1000.78-2- building permit for additions and aitera= First Street (adj.to Great Peconic Bay) feet,2)less than the code requited C� )SCtions to an existing single family dwelling New Suffolk,NY. TM#1000-117-7-30 biped side yard setback of 35 feet,located 1A M. - MICHI?� cesfromE• and"as built"accessory sed,at;1 at:50 Cleaves Point Road(adj.to Orient TIERR#6784-Request for Variances D' h ) less Harbor)East Marion,NY. SCl'M#1000- Article III Section 280-15 and the Building than the code required side yard setback 38-2-31 Inspector's July 18,2014 Notice of Disap- .of 15 feet,2)more than the code permit- proval based on as application for build- ted lot coverage of 20%,3)less than the ing permit for'as built' accessory sheds code required bluff setback of 100 feet,4) and hot tub,at;l)proposed location other Accessory shed in location other than the than the code required rear yard,2)10X10 code required rear or front yard on wa- shed located at less than the code required terfront property,located at:2300 Sound minimum side and rear yard setback of 5 Drive(adj.to Long Island Sound)Green- feet,located at:53(aka 350)Osprey Nest port,NY.SCTM#1000-33-1-15 Road(comer Harbor Road) Greenport, The Board of Appeals will hear all per- NY.SCTM#1000-35-6-17 sons or their representatives,desiring to be .. _--. -- --- heard at each hearing,and/or desiring to submit written statements before the con- clusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regu- lar 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.nyus Dated:August 11,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON BY:Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) vn A-1170 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME0 : BIVIANO , DOUGLAS # 6760 SCTM # : 1 000- 1 03- 7-20 OVARIANCEN SPECIAL EXCEPTION REQUEST: ACCESSORY APARTMENT IN ACCESSORY BLDG . DATE : THURS . , SEPT. 4, 2014 11 : OOAM If you are interested in this project, you may review the file(s) prior to the shearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 • 0 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: http://southtown.northfork.net August 11, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, September 4, 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 August 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than August 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later August 26th: 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 September 2, 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 Ends. BOARD MEMBERS O f Soul Southold Town Hall Leslie Kanes Weisman,Chairperson y,� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning G'nc0 ,^�aa�Q 54375 Main Road(at Youngs Avenue) Kenneth Schneider IyOWN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 -� MAY 15 2014 TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception pplication ai-Dr. DEPT. to establish an accessory apartment in an accessory structure TO �i �F SOGTHOLD ZBA Application No.: #6760 BIVIANO DOUGLAS 1000-103-7-20 Date sent to Building: May 15, 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 Office Location: S Mailing.Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 CA Southold,NY 119710 • Southold,NY 11971-0959 i &M http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 May 15, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6760 Owner/Applicant : BIVIANO, Douglas Action Requested: Accessory apartment in an accessory building. Within 500 feet of: O State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. isman ZBA C airnersn By. Encls. BOARD MEMBERS *OF SU(/ Southold Town Hall Leslie Kanes Weisman,Chairperson � ry�l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesit Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�COU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 17, 2014 Douglas and Lee Biviano 1125 Pequash Avenue Cutchogue,NY 11935 RE: ZBA Application#6760 Dear Mr. &Mrs. Biviano: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at their October 16, 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 is 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. Sincerely, Vt Vicki Toth Zoning Board Assistant Encl. 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