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HomeMy WebLinkAbout6797fit /q d+4 -3 4G 9p 3 o .sn Dk) -PkE ,)- jjpl-rG,*0T wflcTiS ���T,�IF �P�'►��'-�d-a.s �ppt �-e�, l as/�s BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SO�ryo� � � O co �vrou http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RECEIVED 83e Oin F E 4 2015 &euth4old Town clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 22, 2015 ZBA FILE: 6797 NAME OF APPLICANT: Mach3, LLC SCTM#1000-98-3-39 PROPERTY LOCATION: 30 Smith Road (corner Indian Neck Lane), Peconic, 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 steps under SEQRA. 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. PROPERTY FACTS/DESCRIPTION: Subject parcel is a non -conforming 9732.16 S.F. lot located in the R40 zone district. It is improved with a one story frame dwelling and an accessory one story frame building. It has 97.86 feet of frontage on Indian Neck Road, 100.00 feet of frontage on Smith Road, 103.22 feet along the southern property fine and 94.10 feet along the western property line as shown on the survey prepared by Kenneth M. Woychuk, LS dated July 30, 2014. BASIS OF APPLICATION: Request for reversal of the Building Inspector's determination, based on the Building Inspector's Notice of Disapproval dated September 4, 2014 pursuant to Article III Section 280-13A based upon an application for a Pre -Co for two dwellings on one lot, .at; 1) "as built" conversion of accessory storage building into a second dwelling unit. DETERMINATION REQUESTED: The applicant requests a reversal of the Building Inspectors Pre -CO dated. 7/3.1/2014, which determined the existing `barracks' to be a storage building. The applicant states that the accessory structure has historically and continuously been used as seasonal sleeping quarters. JURISDICTION: The Zoning Board of Appeals under Art. XXVI, Section 280-146 A, can hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. ADDITIONAL INFORMATION: The Building Department issued a Pre -CO #37053 dated 7/31/2014 for a seasonal wood frame one family dwelling with carport and accessory storage building with toilet; sinks and outdoor shower. The Town property card labels the accessory storage building as "barracks". The previous owner provided an affidavit stating that since 1972 `when his parents bought the property, both structures where there, and the accessory structure was used as sleeping quarters. Each had their own electric meter' � Additionally, the adjoining property owner provided an affidavit stating, `her parents bought the. property in 1959 and the two structures were there and the accessory was Page 2 of 3 —January 22, 2015 ZBA#6797— Mach3, LLC SCTM#1000-98-3-39 used as sleeping quarters, continuously and were never changed.' At the hearing the applicant/owner of the subject property indicated that she was renovating and converting the existing seasonal dwelling into a year round dwelling and that she would like to renovate and continue the use of the accessory structure as seasonal overflow sleeping quarters and/or recreational space for family members, and that the structure would remain unheated and without air conditioning or cooking facilities and maintain the interior '/z bath, and outside shower. At the hearing, the Board requested electric bills to prove continuous use of the subject seasonal structure as habitable space. FINDINGS OF FACT/ REASONS. FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on November 6, 2014 and December 4, 2014 at which time written and oral evidence were presented: Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following,findings:. 1. The subject accessory building has existed since prior to zoning. The Southold Town property tax card labels the accessory structure as `barracks'. The owner at the. time it was so noted on the property tax card was Walter and Helen Brunie who purchased the property on July 23, 1959. This is when the property first appeared on the tax rolls, since the prior owner (Furst) is not listed on the property card. 2 ;When the Town Code is silent on a definition, as, is the case with the term "barracks", the Board, as per §280-4(B), defaults to the definition in Webster's Third Edition Unabridged Dictionary which defines barrack" as follows: 1: a building or set of buildings used especially for lodging soldiers in garrison 2a: a structure resembling a shed or barn that provides temporary housing b: housing characterized by extreme plainness or dreary uniformity —usually used in plural in all senses 3. Personal inspection by the Board confirmed that the subject accessory structure is a shed or barnlike building that is unheated and without air conditioning, and contains a room with beds, a half bath, outdoor shower, and no cooking facilities, thereby supporting the definition of barracks as ,communal temporary sleeping quarters. 4. In support of the compelling fact that this structure was listed as "barracks" in the Southold Town property tax records, affidavits were submitted by past owners of the subject property stating that their families used the subject accessory structure in conjunction with the principle dwelling for seasonal overflow sleeping by family members on a continuous basis. These affidavits were made by John Napolitano, the owner who sold the subject property to the applicant, and Joan Raia the daughter of Walter and Helen Brunie who were the owners prior to Napolitano, from July 23, 1959 to June 30, 1972. No evidence was submitted in the public record to refute these claims. 5. The subject accessory structure has been used for seasonal communal overflow sleeping exclusively by the owners/occupants of the principle dwelling and has never been rented separately or used by anyone other than the owners/occupants of the principal dwelling. 6. At the hearing, the Board requested electric bills for the past 10 years to prove continuous habitable use of the subject seasonal accessory structure, the assumption being that the bills would show a spike during the warmer months when the structure would have been used. The applicant submitted an E Mail from PSEG summarizing archival electrical usage for the seasonal dwelling and seasonal accessory structure from 2010 through 2014, all of which were very low. In a letter dated December 2, 2014 the Attorney for the applicant explained this billing history as purposeful conservation of energy by the previous owner, who attested to the same in an affidavit dated November 24, 2014. The Board concludes that while this documentation is insufficient to be conclusive, there is insufficient information in the public record to conclude that the use was abandoned. 7. There is no evidence in the record or by inspection of the Members of the Board to indicate that the subject accessory structure has historically been used primarily as a storage building. 8. The subject as built accessory building is 650 sq. ft. and is proposed to be renovated on a new foundation in place and in kind without any enlargement. On or about July 16, 2014; an inspection by Mark Page 3 of 3 —January 22, 2015 ZBA#6797 — Mach% LLC SCTM#1000-98-3-39 Schwartz, Architect, confirmed that although the accessory structure is in poor condition and requires significant leveling of the floor structure, it is structurally sound enough to be salvaged without the need for demolition. The demolition would extinguish its alleged pre-existing non -conforming use as seasonal family sleeping quarters 9. The Board asked the applicant to investigate the feasibility of attaching the accessory structure to the principle dwelling. The Board received a letter dated November 24, 2014 from the applicant/owner, who is an architect, estimating the scope of work and cost differential between repairing and retaining the existing accessory structure and connecting it as conditioned code compliant space, concluding that attaching the two structures is not financially or structurally feasible. BOARD DETERMINATION Based upon the findings of fact cited herein, The Board of Appeals determines that: .1. The subject accessory structure does not constitute a second dwelling on the subject property and shall not be leased as such. 2. The subject accessory structure qualifies for a Pre -CO as "barracks" which, in accordance with the above, allows temporary housing exclusively for overflow seasonal occupancy by the occupants of the principal dwelling only, with no heating/cooling, cooking facilities, nor indoor shower facilities. RESOLUTION OF THE BOARD: In considering all of the above factors, the motion was offered by Member Weisman (Chairperson), seconded by Member Horning ,and duly carried to reverse the Building Inspector's denial of a Pre -CO for the subject accessory structure, and to permit the applicant to apply for a corrected Pre -CO for an accessory structure with seasonal barracks sleeping quarters Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning. (Nays: Member Dante). (Absent was Member Goehringer). This Resolution was duly adopted (3-1). Ye, f Leslie Kanes Weisman, Chairperson Approved for filing % / 1 /2015 S.C.T.M. NO. DISTRICT: 1000 SECTION: 98 BLOCK: 3 LOT(S):39 M 6 Uj UIM Orn c 3 N WZ J CO3 U.P. U.P. INDIAN (501) NECK ROAD EL EDGE OF :1 25.6'1 N 76004'00" E 28"PINE EL 25.6 LOT 1 12.3' 1.O'E wI 1.9'S C BAY EL 2266.1�� 0.1'W d� O O� L.P. 1 STY FRM. tN N GASo N N 1 STY FRM. WELL COTTAGE O v, FFL 26.7 28"PINE EL 25.6 LOT 1 S 79037'00" W LOT 3 t 20"CHERRY 97.86 EL 25.3 1 ., 12"CEDAR W.V. WATER SERVICE 0-1 1 _ ._,._.,_.._,. ...... ...... _.._.._,._.. EL 25.6 °1 EL 25.5 wI 5.3' BAY EL 2266.1�� 0.1'W �,� O •� L.P. 1 STY FRM. I' EL 25.5 GASo DWELLING 22 BEECH II E WELL FFL 26.9 O v, 17,5' 32.1' O STORAGE 2.9' BAY CONC. 0 27.6' r. Io co O io 9.3' . z18"PINE 106 18"PINE unN EL 26.2 18"PINE S 79037'00" W LOT 3 t 20"CHERRY 97.86 EL 25.3 1 ., 12"CEDAR W.V. WATER SERVICE 0-1 1 _ ._,._.,_.._,. ...... ...... _.._.._,._.. EL 25.6 �� RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS 103.22' I I I AREA: 9,732.16 S.F. OR 0.22 ACRES ELEVATION DATUM: R ■ V, -@ U.P. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOT 1 CERTIFIED TO: MACH3 LLC; MAP OF: INDIAN NECK PARK ADVOCATES ABSTRACT, INC.; FILED: MAY 27, 1913 AS #551 STEWART TITLE INSURANE COMPANY' SITUATED AT: PECONIC TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK4r Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE # 14-117 SCALE: 1 "-20' DATE: JULY 30, 2014 PHONE (631)298-1588 FAX (631) 298-1588 N.Y,S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy do Kenneth M. Voychuk W wI 9yft— O •� WIRESj � I' EL 25.5 �..�..�o DOUBLEOVER CHERRYSNC: Cn 27.6' OCLFAN OUTITARY �� RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS 103.22' I I I AREA: 9,732.16 S.F. OR 0.22 ACRES ELEVATION DATUM: R ■ V, -@ U.P. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOT 1 CERTIFIED TO: MACH3 LLC; MAP OF: INDIAN NECK PARK ADVOCATES ABSTRACT, INC.; FILED: MAY 27, 1913 AS #551 STEWART TITLE INSURANE COMPANY' SITUATED AT: PECONIC TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK4r Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE # 14-117 SCALE: 1 "-20' DATE: JULY 30, 2014 PHONE (631)298-1588 FAX (631) 298-1588 N.Y,S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy do Kenneth M. Voychuk EL=G MTR NO. 22733016; mw 0 1913. INSTALLED X1,10 RECEIVED SEP 17 2014 [NG BOARD OF APPEALS PRIVATE RE51 DENCE I 30 SMITH ROAD I J PECONIG, NY 11958 I JO MACHINIST I ARCHITECT san ww Ham..c Mt laaptyasam ,,��lNrrrrrrrrrr r �¢ r =a a o•� I t?&IL14 I WIMMI OIN FIRST FLOOR EXISTING GONVITIONS, CONSTRUCTION SET DAM 'J��% �11 T OG. 00.14 H<1 AS ROTES �, j DRAIi7i68Y, �-LF NORTH ELEVATIONS WAS~ SOUTH ELEVATION SCAB PM4 RECEIVED SEP 17 2014 m7^"'TNG BOARD OF APPEALS EAST ELEVATION 5wm v4ww W5T ELEVATION smww PRIVATE RES I DENGE 50 SMITH ROAD PEGONIG, NY IIg58 JO MACMNIST ARCHITECT $03 Ramoot w... numoat MIC MR OM 1SLTg1 �asAolenslas� ELEVATIONS EXISTING CONDITIONS GONSTRUGTION SET 3!Y!i OiYS.b. M. 00.14 qz mH.T. EXm2 "Nor. KD -W NORTH gg ATIONS vim um -w 5"MON EAST DEATION xft eT ELEVATION V" W -W 'ttU/ I q I RECEIVED SEP 17 2014 ` ZONING BOARD OF APPEALS PRIVATE RE51 DENGE j 50 5IITH ROAD I PECONIC, NY ime, JO MACHINIST I ARCHITECT . tat PlaemlAia, tl,meet 1RlaktO� 1s.71'il ARCy� 2 y � •e Q � NQ 0ig6Zi��� I ob.4a I M-Wf tRVBI 1596AlORsYL4Qlrs ELEVATION5 (BARRACKS) EXISTING CONDITIONS CONSTRUCTION 5ET .neeo, ommam PAM 06.00.14 vAqb Aswm Ex -3 WAMMer, 10 -LF OUTDOOR SHOWER PROPOSED EAST ELEVATION SCALE: 1/4" = I' -O" ...... ■■ ■■ I 1 ii � ii � iiiii SII•■ � ■■ Immmi.....NEI .. ' c PROPOSED AEST ELEVATION _-- 5GALE !/4'' = 1'-0" 30' I� I �� oN NG AW 1NG p.� _�� 96X36" GONG.LANDING PROPOSED COTTAGE PLAN - 5r -A-E: 1/4" = 1'-0" 4 OUTDOO' SHOWER SHOWER PROPOSED NORTH AND 50TH ELEVATIONS SCALE: 1/4'' = 1'-0'; NEW 2X10 RIDGE BEAM W/ RAFTER HANGERS INSTALLON EXIOTT ON BOARDS EXIST'6 O ROOF FRAMIN6. W -O" HT AFF MIN. NEW 2X4 TOP PLATES A5 REQUIRED TO LEVEL ROOF STRUCTURE; INSTALL HURRICANE CLIPS AT EACH RAFTER NEW WAINSCOT PLYWOOD INTERIOR_ %-' BOLT EXI5T'6 WALL STRUCTURE TO NEW SILL PL AND CMU • 6'-0" O.G. NEW 2X4 AGO SILL PLATE, TERMITE SHIELD AND FOAM SILL SEAL ON NEW 6" X 4" CMU FILLED SOLID, DOWEL INTO SLAB AT 6'-0" O.G. _II :1111111 II III �I�I II. NEW POURED 4" THK CONC. SLAB WITH 18" -11=� HAUNCHES AT THE PERIMETER ON VAPOR f=1_I I= -- I-Ii=III. BARRIER ON 3" PERIMATE INSULN BD ON _-i 1-I I II-� ITI-i GRAVEL. Jim (2) #5 RE -BARS, CONT. W/MIN 3" CLEARANCE INSTALL TEMP STEEL HOIST BEAMS THROUGH EXI5TIN6 BLDG STRUCTURE, RAISE STRUCTURE, HAND EXCAVATE FOR NEW GONG HAUNCH SLAB; REMOVE ALL ROTTED AND 08055=SEC ION DE -,AL Sr,ALE: I/2II = II -OI' NEW HEADER AT NEW WINDOW LOCATIONS WINDOW HEAD �I M FR i VATS RES I DENSE 50 SMITH ROAD PECONIC, NY II158 I JO MACHINIST I ARCHITECT S02 er� Ave. PW, to lout RW 353�7171 L15%ED FOR ZBA REVIEW 4 155LED FOR REVIEW ND REV151ON5. A66E550R1' BLDG PROPOSED PLAN PROP05ED ELEVATION5 PROP05ED SECTION FILIN5 SET 5GALE: 1/4" = 1-0'' DNC. NO, DATE 06.00. 14 5GALE: AIA i DRAWING BY: 4'-2" 6'-8" 10-02 Y O 15rvO0 All1N5 FIXED WI, OW � o. 30 60" x 7 2 LOCATE EX15T'G I WD DOO2 Flom BLDG 31._i0„ p 197PAO TORAGE LT P.R. RECREATION ROOM X 42- 30' I� I �� oN NG AW 1NG p.� _�� 96X36" GONG.LANDING PROPOSED COTTAGE PLAN - 5r -A-E: 1/4" = 1'-0" 4 OUTDOO' SHOWER SHOWER PROPOSED NORTH AND 50TH ELEVATIONS SCALE: 1/4'' = 1'-0'; NEW 2X10 RIDGE BEAM W/ RAFTER HANGERS INSTALLON EXIOTT ON BOARDS EXIST'6 O ROOF FRAMIN6. W -O" HT AFF MIN. NEW 2X4 TOP PLATES A5 REQUIRED TO LEVEL ROOF STRUCTURE; INSTALL HURRICANE CLIPS AT EACH RAFTER NEW WAINSCOT PLYWOOD INTERIOR_ %-' BOLT EXI5T'6 WALL STRUCTURE TO NEW SILL PL AND CMU • 6'-0" O.G. NEW 2X4 AGO SILL PLATE, TERMITE SHIELD AND FOAM SILL SEAL ON NEW 6" X 4" CMU FILLED SOLID, DOWEL INTO SLAB AT 6'-0" O.G. _II :1111111 II III �I�I II. NEW POURED 4" THK CONC. SLAB WITH 18" -11=� HAUNCHES AT THE PERIMETER ON VAPOR f=1_I I= -- I-Ii=III. BARRIER ON 3" PERIMATE INSULN BD ON _-i 1-I I II-� ITI-i GRAVEL. Jim (2) #5 RE -BARS, CONT. W/MIN 3" CLEARANCE INSTALL TEMP STEEL HOIST BEAMS THROUGH EXI5TIN6 BLDG STRUCTURE, RAISE STRUCTURE, HAND EXCAVATE FOR NEW GONG HAUNCH SLAB; REMOVE ALL ROTTED AND 08055=SEC ION DE -,AL Sr,ALE: I/2II = II -OI' NEW HEADER AT NEW WINDOW LOCATIONS WINDOW HEAD �I M FR i VATS RES I DENSE 50 SMITH ROAD PECONIC, NY II158 I JO MACHINIST I ARCHITECT S02 er� Ave. PW, to lout RW 353�7171 L15%ED FOR ZBA REVIEW 4 155LED FOR REVIEW ND REV151ON5. A66E550R1' BLDG PROPOSED PLAN PROP05ED ELEVATION5 PROP05ED SECTION FILIN5 SET JOB NO.. DNC. NO, DATE 06.00. 14 5GALE: AIA AS NOTED DRAWING BY: KB -LF FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: September 4, 2014 TO: Patricia Moore (Napolitano) 51020 Main Road Southold, NY 11971 RECEIVED SEP 17 2014 Please take notice that your application dated August 19, 2014 ZONING BOARD OF APPEALS For permit for "as built" conversion of an existingaccessory storage building to a second dwelling unit at Location of property 30 Smith Road, Peconic, NY County Tax Map No. 1000 — Section 98 Block 3 Lot 39 Is returned herewith and disapproved on the following grounds: The "as built" construction is not permitted pursuant to Article III, Section 208-13.A., "Permitted Uses." "(1) One -family detached dwellings not to exceed one dwelling on each lot." This application is the result of a pre-existing CO inspection. The building inspector determined that that accessory building was originally built as a storage building and would not give pre-existing status to the second Not to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA TOWN OFA&UTHOLD B BUILDIN(WPARTMENT TOWN HALL SOUTHOLD, NY 11971/1 TEL: (631) 765-1802 lY FAX: (631) 765-9502 RECEIVED SoutholdTown.NorthFork.net PERMT NO. SEP 17 1014 Examined . 20 Approved 20 Disapproved a/c Expiration 20 ZONING BOARD OF E pd IS C 2 2 TIDuuamg7 C VAPISP ON FOR ] AUG 9 2014 INSTRUCTIONS a. Tled in by typewriter or in ink sets of plans; accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relatioi areas, and waterways. c. The work covered by this application may not be commenced before i d. Upon approval of this application, the Building Inspector will issue a 1 shall be kept on the premises available for inspection throughout the work e. No building shall be occupied or tiled in whole or in part for any purpi issues a Certificate of Occupancy. E Every building permit shall expire if the work authorized has not comn issuance or has not been completed within 18 months from such date. If no zonin property have been enacted in the interim, the Building Inspector may authorize, addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the.Building-Department for the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, F Regulations, for the construction of buildings, additions, or alterations or for rem applicant agrees to comply with all applicable laws,;ordinartce§, building code, he authorized inspectors on premises and in building for necessary inspections. State whether applicant is owner, lessee, agent, architect, engineer, Name of owner of premises C/-/3 (As on the tax roll or 1 If applicant is a corporation, signature of duly authorized'officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Loc tion of land on which p�r pt �p ��r7`Gi.. Free House Number Street County Tax Map No. 1.000 work will be done: NO PERMIT APPLICATION CHECKLIST Do, you have or need the following, before applying? Board ofHealth 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit ,S Storm -Water Assessment Foran Contact: Mail to: Phone: /If , ?o rad submitted to the Building Inspector with 4 hip to adjoining premises or public streets or uance of Building Permit. dlding Permit to the applicant. Such a peratit e what so ever ptttil the Building Inspector nced within 12 months after the date of amendments or other regulations affecting the , writing, the extension of the permit for an issuance of a Building Permit pursuant to the 1d other applicable Laws, Ordinances or val or demolition as herein described. The usingc de.z@ regulations, and to admit orapplicant or IA?a /?' contractor, electrician, plumber or builder 8-11NMM "i .A tr. ilIR1GG Y'.1JiV18i'} til 8il;f� •., r-4'� 98 BlQelcir r oli { r,�bF? Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy.fitd�ifzl/l a «sso,�i Sdiv�fy„� b. Intended use and occupancy, 3. Nature of work (check which applicable): New Building Addition_ Alteration Repair Removal Demolition Other Work Z/sh.,q (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units —9- Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.; 7. Dimensions of existing structures, if any: Front RearDepth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height :.• Number of Stories 8. Dimensions of entire new construction: FrontRear 'in l 0I I I, Height Number of. Stories. 9. Size of lot: Front YZ Rear /°a Depth 10. Date of Purchase 424=r-90151. Name of Former Owner - 41e o A 4~ o 11. Zone or use district in which premises are situated 12. Does'proposed construction violate any zoning law, ordinance or regulati YE _ NO X"&� 11 r-;� 13. Will lot be re -graded? YES_ NO X Will excess fill be,removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address — Phone. -No -'Name of Contractor Address Phone No. 15 a. Is this property within 3.00 feet..of a tidal wetland or. a:freshwater. wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERNM MAYBE REQUIRED. b. Is this property within 300. feet of a tidal wetland? *.'YES- " NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines.G�` 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) rr�����SS: CO O r'7J ' t (-L- A f'L L 5�--- being duly sworn, deposes and says that (s)he-is the applicant (Name of individual signing contract) above named, (S)He is the(� .GU ' i (Con ctor, Agent, Corporate fficer, etc.) of said owner or owners, and is duly'authorized to perform or have performed the said work and to make and file" this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work'will be performed' in the manner set forth in the application filed therewith.- . Swo efore me thi day of 20 . �•. A. PEFNNs P" Notary Pu a:e of N Signature. of Applicant -swNo.01PE6130686' DualHiedln Suffolk Ctiu Commission Expires July 18T1i- 0 0 �-10,q APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS -Aa'I q Filed By: Date Assigned/Assignment No. Notes: SEP 17 House No. 30 Street Smith Road Hamlet Peconic SCTM 1000 Section 98 Block 3_ Lot(s)_19 Lot Size 9,732sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED September 4, 2014 BASED ON MAP (survey) dated May 27, 2014 and existing conditions plan dated 6-2014 by Jo Machinist, Architect Applicant(s)/Owner(s): Mach3,LLC Mailing Address: 502 Piermont Ave., Piermont, NY 10968 Telephone: c/o Pat Moore- 765-4330 Fax #: 765-4643 Email: pcmoore@mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or () Other: Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email:_ pcmoore(&mooreat , s.com Please check box to specify who you wish correspondence to be mailed to, from the above names: ❑ Applicant/Owner(s), or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED May 27.2014 and DENIED AN APPLICATION DATED August 19, 2014 FOR: ❑ Building Permit ❑ Certificate of Occupancy E Pre -Certificate of Occupancy for "habitable accessory structure" ❑ Change of Use ❑ Permit for As -Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- 13.A. Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law -Section 280-A. 0 Interpretation of the Town Code, Article Section Reversal or Other reverse building inspector's determination of 7/31/14 The existing accessory building is a pre-existing seasonal accessory habitable structure (containing a bathroom, kitchenette and sleeping quarters) not a "storage building" A prior appeal has, 8 has not been made at anytime with respect to this property, UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) I RECEIVED Name of Owner: Mach 3, LLC ZBA File # %� 1 SEP 17 2014 REASONS FOR APPEAL (additional sheets may be used with preparer's signature): ZONING BOARD OF APPEALS AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject parcel is lot #1 of Indian Neck Park, developed by George W. Smith in 1912. This parcel was improved with two structures prior to zoning, specifically a single family dwelling and accessory building used as seasonal sleeping (habitable) space with a kitchenette, bathroom and outdoor shower. Confirmation that the structures were improved prior to zoning is provided by affidavits. Joan Raia provides an affidavit dated August 12, 2014 that the property, with the existing structures, was acquired by Walter Brunie and Helen Brunie in the same condition in July 1959. Her parents purchased the property with the two structures which were used as sleeping quarters (habitable space) not storage. The condition of the property, upon visual inspection, appears to have little or no recent improvements. The Brunie's daughter, Joan Raia, continues to reside on Smith Road. The affidavit of Joan Raia dated August 12`h, 2014 states that her parents purchased the property in the same condition as it appears today and used the 12' x 53' existing building as habitable space, i.e. sleeping quarters. This use is also corroborated by the Town's own independent records; the Assessors noted on the property card "barracks" not "storage building". The existing structures have been in place prior to the development of the majority of the homes on Smith Road. Smith Road was originally developed as a seasonal community; many of the homes on Smith Road were originally constructed as unheated dwellings. Over the years these homes were converted from seasonal dwellings to year round dwellings. The existing structures have not resulted in a detriment to nearby properties. The existing structures continue to be used as a dwelling with additional living and sleeping quarters in the 12' x 53' accessory building. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The prior owner applied for the pre-c.o., the building department required the owner to remove the electric heat from the "barracks" which we believe had been added in the 1970's by the prior owners. Mr. and Mrs. Napolitano removed the electric heat to the barracks in order to obtain the pre-c.o. In addition, the building department required proof of "potable water". The structures are connected to public water which satisfied the condition. Moreover, the building inspector noted that the structure has a kitchenette, bathroom and outdoor shower. These potable water and the listed amenities are consistent with a seasonal habitable structure, not a "storage building". Further evidence that the "barracks" structure is a separate "habitable" space appears by the independent and separate electric meter and public water line. The new owner and applicant herein agreed to all the conditions by the building inspector of the pre-c.o. The building inspector required the owner to comply with "safety" features associated with habitable space in the 12' x 53' accessory building, then unreasonably and unlawfully terminated a pre-existing use. We appeal this determination. (3) The amount of relief requested is not substantial becauseFhe structures and their uses pre- date zoning. The use of the accessory structure as sleeping quarters has continued, uninterrupted, since prior to zoning. The building department directed the owners to install smoke detectors for safety. A storage building does not need a smoke detector. The electric heat was added by the prior owners in order to extend the use into the fall season. The building department required the prior owner to remove the electric heat to assure that the use remained "seasonal". The bathroom has a toilet & sink with an outdoor shower, and the ceilings are not insulated, this too maintains the seasonal use. The conditions imposed by the building department for issuance of the pre-c.o are consistent with a "seasonal dwelling"... not an "accessory storage building". (4) The variance will NOT have an adverse effector impact on the physical or environmental conditions in the neighborhood or district because: The structures pre -date zoning, have public water and will be maintained in a safe and reasonable condition. Mark Schwartz, Architect provided a structural integrity report to assure that the accessory structure is structurally sound. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No Are there Covenants and Restrictions concerning this land: 8 No. Yes ( please furnish coAEL The structures pre -date zoning, the use is confirmed by visual inspection, two prior owners (Brunie and Napolitano) and Brunie's daughter who has continued to reside on Smith Road and is personally familiar with the continued use of the "barracks" as sleeping quarters. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IFA USE VARL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to consult your attorney.) RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS n U Sworn to before me this i BETSY A. PERKINS Notary Public, State of New York No. 01 PE6130636 Oualified in Suffolk Coin Commission Expires July 18 • Si re of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) �j q1 RECEIVED SEP 17 nA ZONING BOARD OF APPEALS 0 • APPLICANT'S PROJECT DESCRIPTION APPLICANT: W`ch 3 // C— DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: /1/0/1 IP _ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ND/-P– Dimensions of new second floor: 4�z ^,e - Dimensions of floor above second level: /tC. Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: /f III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: �/ i /-S 2 s �- 4.3O Sr = %j 7 82 sc Proposed increase of building coverage: A42 Square footage of your lot: qj . Percentage of coverage of your lot by building area: l� V. Purpose of New Construction: �IL'9 e - VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): a� l Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. RECEIVED�p-7 g / 4/2012 SEP 17 2014 ZONING BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. _ _. Is the subject premises listed on the real estate market for sale? Yes _X_No B. Are there any proposals to change or alter land contours? _7 _No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? A/0 2.) Are those areas shown on the survey submitted with this application? /VO 3.) Is the property bulk headed between the wetlands area and the upland building area? /V LA 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? /Vv Please confirm status of your inquiry or application with the Trustees: & and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No 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? If yes, please submit a copy of your buildin pe it and survey as approved by the Building Department and please describe;. e 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. C{ - H. Do you or any co-owner also own other land adjoining or close to this parcel? AJv If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel 54� and the proposed use (ex: existing single family, proposed: same with garage, pool or other) Aut orized signature and Date RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use perm.it,`.site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500, feet of a farm operation located in agricultural district:. All applications requiring an agricultural data statement most be referred to the.Suffolk.County Department of Planning in accordance with Sections 239- mand 239 -ii of the 0eneial Municipal Law. 1) Name of Applicant:. j'`P -i G t 2) Address of Applicant: 3) Name of Land Owner (if other than applicant) : L-1 � 4) Azdess of fandOwnerrLN e2 UC44 or Cin ("V)* 5) Description. of Proposed Project: 6) Location of roperty (road and tax map number): , 7) Is the parcel within an agricultural district? o ❑ Yes If yes, Agricultural; District Nuniber $) Is this. parcel actively farmedNo ❑Yes 9j Name. and address of any owner(s) of land within the. agricultural district. containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors .Office, Town Hall. location 765-1937. or from an ' ( ) y public. at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System: p 1; Name and Address a: 1. 2. 4. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from. either the Office of the Planning Board at 765-1938 or th o g Board of Appeals at 765* 1809. 19�re of Applicant Date Mote: 1. The local board will solicit comments from the owners of land -identified above in order to consider the effect of the proposed action on their farm operation. Solicitationwill be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration. as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the 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 - Lai RECEIVED SEP 17 2.014 ZONING BOARD OF APPEALS 617.20 Appendix B Short Environmental Assessment Form Instructions for Comuletin 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. .Lt�%-7 n —7 Part 1- Project and Sponsor Information RECEIVED Name of Action or Project: J SEP 17 2M Project Location (describe, and attach a location map): ZONING BOARD OF APPEALS 30 Brief Description of Proposed Action: Name of Applicant or Sponsor:Telephoner //. [_ L E -Mail: dD� � Mofut°c s •�" Address: ,3-o,2 City/PO: / �C P/ iv7o'7 State: Zip Code: t o pyo p 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? ./ -Beres b. Total acreage to be physically disturbed? Q acres c. Total acreage (project site and any contiguous properties) owned Q or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial W<esidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 3M • 5. Is the proposed action,D a. A permitted use under the zoning regulations? % �. �" b. Consistent with the adopted comprehensive plan? 1 NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? NIA c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain 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: NO YES 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ cultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban V Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 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? 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 QF -r TVFD NO YES ""' r` % vim. . --•. Page 2 of 4 �ZONING BOARD OF APPEALS 0 0 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES small to large impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 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? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE M Applicant/sponsor n Date: Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 SEP 17 2014 ZONING BOARD OF APPEALS No, or Moderate small to large impact impact may may 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? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, �,{- Q waterbodies, groundwater, air quality, flora and fauna)? —, Znpfr-D Page 3 of 4 SEP 17 2014 ZONING BOARD OF APPEALS 0 . Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. RECEIVED SEP 17 2014 ZONING BOARD 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 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, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. RECEIVED SEP 17 2014 ZONING BOARD 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 0 M APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: MACHINIST, JO AND MOORE, PATRICIA (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: RECEIVED Change of Zone SEP 17 2014 Approval of Plat Exemption from Plat ZONING BOARD OF APPEALS or Official Map Other Trustees 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_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of—�e C� Signature: _ • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. RECEIVED �� B. DESCRIPTION OF SITE AND PROPOSED ACTION 7C/7 SCTM# Q_ � _ (3 � SEP 17 2014 ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board © Planning Dept. D Building Dept. 0 Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) 0 (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: 0 Nature and extent of action: r..�oLin � `hs,��o✓ s �� - L. � Location of action: Site acreage: 4 73d2- S r Present land use: /�j /</ / �f¢/ILQ Present zoning classification:_ lv s 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: 7 (a) Name of applicant: %f a C A LLC p - (b) Mailing address: 6 )2 Y'✓770/1 f A, (c) Telephone number: Area Code ( ) �� / ,,4 26-r- j1J5.3 O (d) Application number, if any: Will the action bedirectlyundertaken, require funding, or approval by a state or federal agency i - n 7 Yes ❑ No I=I If yes, which state or federal agency? /yRECCEIIVED 7 SEP 17 2014 DEVELOPED COAST POLICY ZONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. Ix Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III —ZNot ages 3 through 6 for evaluation criteria ❑ Yes ❑ Nopplicable 0 • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria 0 Yes F_� No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pag s 8 through 16 for evaluation criteria 11 Yes No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 th;Not gh for evaluation criteria / 0 Yes © No Applicable( cra 17 2014 ZONING -BOARD OF APPEALS Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. © Yes 0 No 2"'Not Applicable • 0 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 fore luation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. ee LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes 1:1 No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. 14* nn RECEIVED &-7 13YesEl No Not Applicable SEP 17 2014 ZONING BOARD OF APPEALS Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See WRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes [:1 No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary andTown wa rs. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. E] Yes 1:1 No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 forevaluation criteria. 11Yes 1:1 No I� Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; P s 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable q -7 RECENED SEP 17 20% Created on 5125105 11:20 AM 1()N1NG BOARD OF APPEALS 1 0 0 "O�&�qq STATE OF NEW YORK ) ) ss.. v RECEIVED COUNTY OF SUFFOLK ) SEP 17 2014 Joan Raia being duly sworn, deposes and says: ZONING BOARD OF APPEALS THAT I reside at 555 Smith Road, Peconic NY; THAT my parents, Walter Brunie and Helen Brunie, owned 30 Smith Road, Peconic NY SCTM#1000-98-3-39, from July 23, 1959 to June 30, 1972. I make this affidavit knowing that the Town of Southold will rely on the truth of the statements contained herein. The following facts are herein attested to: 1. The above property was sold by my parents to Severin W. Napolitano and Mary Napolitano, his wife, on June 30`f`, 1972; 2. When my parents owned the property there were two independent structures on the property. The 12'x 53' building which was a separate living and sleeping quarters and the 48' x 23' building. To my knowledge, the two structures remain the same today as they did when my parents purchased the property in 1959; there were two separate electric meters, one service is from Indian Neck Lane and the other service is from Smith Road. I remember that the 12'x 53' structure has a separate bathroom and kitchenette and could be occupied separately from the 48'x 23' main house. 3. I was shown the property card for the property. The barracks has been identified as sleeping quarters by the Town of Southold on their property card since property cards were first issued; attached is a copy of the property card and the survey used by Mr. And Mrs. Napolitano to purchase from my parents in 1972 accurately reflects the conditions, as I remember, of the property. 4. "Barracks" described the building's use as sleeping quarters and this is how the building was continuously used while my parents owned the property. I know my parents did not change the structures while they owned it. 5. As the neighbors of 30 Smith Road, Peconic I can attest that it has been used as sleeping quarters continuously, to date. 6. The pre-c.o. should not have eliminated the use of the property as "sleeping quarters", it was more than a storage building when my parents owned the property and I know that the Napolitano family continued to use the 12' x 53' structure as a separate sleeping quarters. Sworn to before me this � hav1 �� BET: y of ' ' O' Notary Pub.._, ------ L 9 V\ & No. 01 PE6130636 Qualified in Suffolk Coungp No Publ.c Commission Expires July 18, • • TOWN OF SO UTHOLD Pry..,6PIRTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT 7 oh,�1 � l..orra.ine 5�, :��•�r•,�l;�:x.,j ...� � .,., r • F RMER ER N E A REAGE "' " Q t O lig /li7 a7 Ala Dl! Q D+fcJP S'�— •' w� •• .srM rCcr ; e 5.� W TYPEOF BUILDING RES. SEAS. 7 VL FARM COMM IND. I CB. MISC. ( Est Mkt: Value LAND IMP. TOTAL DATE REMARKS .. .;' ., i T[i .s'�`% 11 :� j 1 if -t/• $ �'� / I f n WrLt •, _ � � _. �� _ _ ✓ y/�/>.. ��_l�/rv�-J_ I�tx?R��f�St-,tl�snd/:.fan i��a/1 ry nnn , AGE NEW Form tillable i rilloble 2 Tillable, 3 Woodland Swampland Brushland House Plot Total BUILDING CONDITION NORMAL BELOW ABOVE FRONTAGE ON WATER Acre Value Per Acre Value FRONTAGE ON ROAD E C 6 if • 7 L Bldg.i Foundation >t ? p;L., Both ! denston ! �i map Basement )U Floors denston r S SO , Ext. Welts_ ' Interlar Finish denston y : G�/ 0-o L -to Fire Place 1 Ln Heat Z p 21. Porch Roof Type Porch Rooms lst Floor -eezewoy Patio Rooms 2nd Floor aroOT-71— a 1•:5110% 3 Driveway Dormer B. — i I anJ - � TITLE No. 1 Z -I 5 5'9 5 R P e F N91p61N�e�'e,�P.R�RIt ojw�N`s�'a f.� o �_ 71E:a.91f cpLg I o Zo yy 1 STORY FRgME a 3•a.,tr I ----- I'i -7t O fa 1 STe Ry FRAME 4•4 I lS SG' •LL1$• 0 W fJ 1 QNfQ O `$�f•Ytn iz• 5 10`-'Z•3, E 100.00 . f5'ft SP>+A�T S H PRI�n•T'E Rena 33 f. �ECE1V�® (U SEP 1 "1 2014 Nl{yG BOARD OF aPPEP�' zo T IS HEREBY CERTIFIED THAT T141S SURVEY WAS PREPARED IN, ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS_&NP XHE-- YSINIMUM -STANDARDS FOR TITLE SURVEYS OF THE NEW YORK STATE LAND TITLE ASSOCIATION 3.OSWELL -- FLECHTN EFS SECTION I BLOCK -1 umDATt #I I1-21 L N GUARANTEED TO: Th e 'r T L F G... n, v ^'k.r . GeM PAW So STN He4O ' CONSULTING ENGINEERS AND RgTMEA�NR „ f 1RANtlj 3• PHELAH,SR• PROFESSIONAL LAND SURVEYORS . V y � � r 1 0 lil RECORDS OF: :HARLES E. GLASS WALTER P. STEWART N APPLICANT yEVCR•N - Iv+AR Ng PoL•: qNe JOB NO. I. S. VAN DER WERKEN ROBERT CLEMENT • WALTER W. •FLECHTNER n I' f. �ECE1V�® (U SEP 1 "1 2014 Nl{yG BOARD OF aPPEP�' zo T IS HEREBY CERTIFIED THAT T141S SURVEY WAS PREPARED IN, ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS_&NP XHE-- YSINIMUM -STANDARDS FOR TITLE SURVEYS OF THE NEW YORK STATE LAND TITLE ASSOCIATION 3.OSWELL -- FLECHTN EFS SECTION I BLOCK -1 umDATt #I I1-21 L A S O I A T E S �i•� - a-....-.-.... .:...- ... _. , (�--'. � •-'.• . GUARANTEED TO: Th e 'r T L F G... n, v ^'k.r . GeM PAW So STN He4O ' CONSULTING ENGINEERS AND RgTMEA�NR „ f 1RANtlj 3• PHELAH,SR• PROFESSIONAL LAND SURVEYORS COUNTY :20 JERICHO TPKE. MINEOL A. N. Y. 11501 PI 7.8545 1 SOF F L.k ! MEMBER OF NEW YORK STATE LAND TITLE ASSOCIATION. NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS RECORDS OF: :HARLES E. GLASS WALTER P. STEWART N APPLICANT yEVCR•N - Iv+AR Ng PoL•: qNe JOB NO. I. S. VAN DER WERKEN ROBERT CLEMENT • WALTER W. •FLECHTNER DRAWN CHECKED BY Ni. —I 1 O ej �= Town of S old Annex 7/31/2014 k 54375 Main Road Southold, New York 11971 PRE EXISTING CERTIFICATE OF OCCUPANCY No: 37053 Date: 7/31/2014 THIS CERTIFIES that the structure(s) located at: 30 Smith Rd, Peconic SCTM #: 473889 Sec/Block/Lot: 98.-3-39 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 37053 dated 7/31/2014 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: seasonal wood frame one family dwelling with carport and accessory storage building with toilet, sinks and outdoor shower.* The certificate is issued to N of the aforesaid building. John & Napolitano, Lorraine (OWNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS Au t ed -S)*gnature BUILDING DEPARTMENT • TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 30 Smith Rd, Peconic SUFF. CO. TAX MAP NO.: 98.-3-39 SUBDIVISION: NAME OF OWNER(S): Napolitano, John & Lorraine OCCUPANCY: ADMITTED BY: Richard Abatelli SOURCE OF REQUEST: Napolitano, John & Napolitano, Lorraine DWELLING: # STORIES: 1 # EXITS: FOUNDATION: BATHROOM(S): PORCH TYPE: BREEZEWAY: DOMESTIC HOTWATER: TYPE HEAT: None # BEDROOMS: 3 OTHER: 1 ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST: SWIMMING POOL: OTHER: VIOLATIONS: REMARKS: 3 Wood Piers TOILET ROOM(S): DECK TYPE: FIREPLACE: Yes TYPE HEATER: WARM AIR: # KITCHENS: 1 INSPECTED BY: GARYF DATE: 7/31/2014 CELLAR: CRAWL SPACE: UTILITY ROOM(S): PATIO TYPE: 1 GARAGE: Electric AIR CONDITIONING: HOT WATER: BASEMENT TYPE: STORAGE, TYPE OF CONST: GUEST, TYPE OF CONST: 3 rooms with sinks, toilet, outdoor RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS DATE OF INSPECTION: 7/30/2014 TIME START: 10:00am END: 10:45am 9 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore: 0 MACH3, LLC 502 Piermont Ave Piermont, NY 10968 September 8, 2014 I, Jo Machinist, as managing member of Mach3LLC, who is the current owner of property located 30 Smith Road, Peconic, New York (sctm: 1000-98-3-39) hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Board of Appeals, and any other agencies. V o Jo Machinist, managing member 6,-75� RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS a All TOWN OF SOUTHOLD • BUILDING PERSAPPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTownNorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C: Trustees Flood Permit Examined 20 Storm -Water Assessment Form Approved , 20 Disapproved arc Expiration 20 Contact: � Mail to: J0 t 1. i 1�-T'j k4LC' j L t' 502 Qt- fz lmok+ AmE , Phone: `I l -1 -% 6ZJ -' -1 z W Woo S Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date &G _ (' , 20� a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all ap's, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises ad0�ui fling for necessary inspections. j'1 AGi 3 (�Q4 SEP 17 2014 "� �� -r (P (Signature of applicint or name, if a corporation) OF APPEALS rj �f ZONING BOARD �Oa 'Ftv—:gk4c:2W�r (Mailing address of applicant) 1 State whether applicant is owner, lessee, ager ` architect, gine er, general contractor, electrician, plumber or builder Name of owner of premises %1 ---;5 1- -�--� (As on the tax roll or latest deed) If ap lri t is a co ti%4 signature of duly authorized officer LCA l 1--I 3 N� (Name and titire of corporate officer) BMersLicense No. � umbers License No. IC2554 ),jC Electricians License No. Z�L� 7c� M �. -� =�.�� L Other Trade's License No. 1. Location of land on which proposed k will be done: House Number Street Hamlet County Tax Map No. 1000 Section 9 : e!)^ Block jn Lot Subdivision 11-1T7IAI NF eK� �Atp k Filed Map No. Lot • •. 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy .r.l t= i tr%L-=, `� � ^ `—C, 1-*) t> 3. Nature of work (check which applicable): New Building Addition Alteration ✓ Repair Removal Demolition Other Work (Description) 4. Estimated Cost l ont n Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units____j_Number of dwelling units on each floor 1 If garage, number of cars — 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. -- N 7. Dimensions of existing structures, if any: Front I-9, ET Rear A:& Depth Zq 42:f - Height Zr- /A - Number of Stories mfr– _ Dimensions of same structure with alterations or additions: Front Rear Depth Height — Number of Stories 8. Dimensions of entire new construction: Front bJ tom- Rear t -L,& Depth N A. Height N.P.- Number of Stories N l� 9. Size of lot: Front 10-c> F Rear 1D 3. 'ZZ Depth I If 10. Date of Purchase 2xc )14- Name of Former Owner-1:?AW V Eli � W • N P.t�GY-t T wsc� 1�� 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO X 13. Will lot be re -graded? YES NO_;o( Will excess fill be removed from premises? YES X NO 14. Names of Owner of premises 1 kCA, 31 -LC-. Address -15p l�;N IT4 f4D Phone No. 6111 z1s Uj Name of Architect `_ ddress Z pt��jc�Ahone No -') l�� - "L'z-Ci Name of Contractor • Address Aw E:. y kj� _ N one No. Zt z. - ?. - 71 1 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. / RECEIVED STATE OF NEW YORK) SS: COUNTY OFA SEP 17 2014 Mtn c► t t_�i 5 r M, [-Lx-- being duly sworn, deposes and says that (SAR"SpB&OD OF APPEALS (Name of individual sighing contract) above named, (S)He is the Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; i that all statements contained in this application are true to the best of his knowledge and belief; and that the work will bec� C performed in the manner set forth in the application filed therewith. Sworn to before me th �n r� day of ' V. y�2 201 Public U ajj�d�l��i�h Signature of Applicant Po m ew-1 • Town of Southold Annex 54375 Main Road Southold, New York 11971 • 7/31/2014 PRE EXISTING CERTIFICATE OF OCCUPANCY No: 37053 Date: 7/31/2014 THIS CERTIFIES that the structure(s) located at: 30 Smith Rd, Peconic SCTM #: 473889 Sec/Block/Lot: 98.-3-39 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER 2r 37053 dated 7/31/2014 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: seasonal wood frame one family dwelling with carnort and accessory storage building with toilet. sinks and outdoor shower.* The certificate is issued to Napolitano, John & Napolitano, Lorraine (OWNER) /n 9 �W RECEIVED of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. SEP 17 2014 ZONING BOARD OF APPEALS Aut ed Signature BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 30 Smith Rd, Peconic SUFF. CO. TAX MAP NO.: 987-3-39 SUBDIVISION: NAME OF OWNER(S): Napolitano, John & Lorraine OCCUPANCY: ADMITTED BY: Richard Abatelli SOURCE OF REQUEST: Napoletano, John & Napolitano, Lorraine DATE: 7/31/2014 DWELLING: # STORIES: 1 # EXITS: 3 FOUNDATION: Wood Piers CELLAR: CRAWL SPACE: BATHROOM(S): I TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: 1 GARAGE: DOMESTIC HOTWATER: Yes TYPE HEATER: Electric AIR CONDITIONING: TYPE HEAT: None WARM AIR: HOT WATER: # BEDROOMS: 3 # KITCHENS: I BASEMENT TYPE: OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST: SWIMMING POOL: OTHER: VIOLATIONS: REMARKS: STORAGE, TYPE OF CONST: 3 rooms with sinks, toilet, outdoor GUEST, TYPE OF CONST: INSPECTED BY: �l% GARYF f 'o-- (,-I q 7 RECEIVED SEP 17 2014 ZONING BOARD OF APPEAL.5 DATE OF INSPECTION: TIME START: 10:00am 7/30/2014 END: 10:45am • 10 REScheck Software Version 4.5.0 A/�'Compliance Certificate Project Private Residence Energy Code: Location: Construction Type: Project Type: Climate Zone: Permit Date: Permit Number: Construction Site: 30 Smith Road Peconic, NY 11958 2010 New York Energy Conservation Suffolk County, New York Single-family Alteration 4 (5750 HDD) Owner/Agent: MACH3 LLC 502 Piermont Avenue Piermont, NY 10968 ,k(' -19 - RECEIVED SEP 17 2014 ZONING BOARD OF APPEALS Designer/Contractor: Jo Machinist Jo Machinist Architect 502 Piermont Avenue Piermont, NY 10968 212-355-7171 Compliance: Passes Compliance: 7.3% Better Than Code Maximum UA: 262 Your UA: 243 The % Better or Worse Than Code Index reflects how close to compliance the house is based on code trade-off rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum -code home. Envelope Assemblies Wall 1: Wood Frame, 16" o.c. 400 14.0 0.0 0.079 24 Window 1: Wood Frame:Double Pane with Low -E 21 0.290 6 Window 2: Wood Frame:Double Pane with Low -E 25 0.290 7 Window 3: Wood Frame:Double Pane with Low -E 18 0.290 5 Door 1: Solid 26 0.490 13 Wall 2: Wood Frame, 16" o.c. 440 14.0 0.0 0.079 26 Window 4: Wood Frame:Double Pane with Low -E 25 0.290 7 Window 5: Wood Frame:Double Pane with Low -E 18 0.290 5 Window 6: Wood Frame:Double Pane with Low -E 48 0.290 14 Door 2: Solid 26 0.490 13 Wall 3: Wood Frame, 16" o.c. 168 14.0 0.0 0.079 10 Window 7: Wood Frame:Double Pane with Low -E 28 0.290 8 Window 8: Wood Frame:Double Pane with Low -E 18 0.300 5 Wall 4: Wood Frame, 16" o.c. 86 14.0 0.0 0.079 6 Window 9: Wood Frame:Double Pane with Low -E 8 0.290 2 Wall 5: Wood Frame, 16" o.c. 224 14.0 0.0 0.079 15 Window 10: Wood Frame:Double Pane with Low -E 32 0.290 9 Project Title: Private Residence Report date: 08/06/14 Data filename: Z:VTM DRAWINGS\North Fork Properties\DOB FILING SET 8-7-14\rescheck_30SmithRd_8- Pagel of 2 8-14. rck Wall 6: Wood Frame, 16" o.c. Floor 1: All -Wood joist/Truss:Over Unconditioned Space Ceiling 1: Cathedral Ceiling Mechanical Equipment • 35 14.0 0.0 0.079 3 964 30.0 0.0 0.033 32 964 30.0 0.0 0.034 33 Forced Hot Air Gas 80 AFUE Electric Central Air Electric 14.5 SEER Compliance Statement: The proposed building design described here is consistent with the building plans, specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the 2010 New York Energy Conservation Construction Code requirements in REScheck Version 4.5.0 and to mply with mandatory requirements listed in the REScheck Inspection Checklist. f t N�Z _� -_ Name - Title S' a ure Date '04- (' -r� -7 RECENED SEP 17 2M ZONING BOARD OF APPEALS Project Title: Private Residence Report date: 08/06/14 Data filename: Z:VTM DRAWINGS\North Fork Properties\DOB FILING SET 8-7-14\rescheck_30SmithRd_8- Page 2 of 2 8-14. rck CCE07222014 0001 A Page 1 of 1 ILRCHITECT MARK SCHWARTZ & ASSOCIATES 28495 Main Road • PO Box 933 • Cutchogroc. NY 11933 631.734.4185 1 %cayv:mksatrhitcctxum July 16, 2014 Southold Town Building Department P.O. Box 1179 54375 Main Road Southold, New York 11971 Re: 30 Smith Road (comer of Indian Neck Road) Peconic, New York SCIM# 1000-98-03-39 To whom this may concern, On Friday July 11'k, 2014, I observed the two structures at 30 Smith Road in Peconic. The Main House and the accessory building have foundations consisting of locust posts and concrete block with wood frame. I saw no evidence of roof leaks, no major rotting or dangerous deflection. There certainly are some floor areas that are not level, but the floor structure remains solid. The existing fireplace and chimney are in serviceable condition. The buildings have recently survived Super Storm Sandy and are stable. Michael Prindle (licensed & experienced contractor from Orient) and I will be working on the alterations to both buildings and will construct new foundation support and structural enhancements based on architechiral/structural design and the permit plans to be completed by this office. Tbose plans will include stractural details to improve the foundation, level up and sister floor systems, walls, and roof areas. New windows, doors, siding, roof shingles, insulation and footings for the existing fireplace will be altered and brought up to code. Based on this information, I certify that the structural integrity of the existing buildings is adequate and serviceable. Please call this office if you have questions or require additional information Sincerely, 41 ALIL .1cnihar Amencan tn,atute of Awhjbvi.ac RECEIVED SEP 17 2014. ; ZONING BOARD OF APPEALS https://mail.google.com/ /scs/mail-static/ �fjs/k=gmail.main.en.OQ5J99KJB... 7/22/2014 RETAIN STORM WATERNOFF PURSUANT TO CHAPTE 6 OF THE TOWN CODE. 4ALL BE ADEQUATELY BRACED AND SHORED 4W PROPERLY TIED BACK AND CURED. 600D CONSTRUCTION PRACTICES FOR GK5, ALL ROOF PENETRATIONS AND iINTE M, LAPPINGALL FLASHINGS AT R5ECTIONS WITH WALLS SHALL VIDE FLASHIN65 ABOVE DOOR5, OPENINGS. CAULK ALL EXTERIOR FULLY WA I ER 116HT. WFH ALL CODES OF NE' YORK STATE & TOWN CODES AS'. '=QUIRED F 04 1 i it i 1 err ` PLUMBER. CERTIFI.OAT'K)I!N ON LEAD�COWW � E CERTIFICATE�F0-W- f3ANCY SOLDER USED IN WATER SUPPLY SYSTEIv ANNO.T EXCEED 2/10 OF 190. LEAD. PLUMBING ALL PLUMBING WASTE & WATER LINES NEED TESTING BEFORE COVERING R- E-5. ocCupm POWNC�E USE IS UNLAWFUL WITHOUT CERTIFICATE OF OCCUPANCY . 50 5M I TH ROAD PECON I C, NY 11155 JO MACHINIST ARCHITECT 502 Piermont Ave., Piermont NY 10968 (212) 3SS-7171 APP4Pc ICED AS NOTED DATE: i� B. P. oZ�"I FEE _�— BY: NOTIFY BUILDING DEPARTMENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCCjEiRORS. SEP 17 2014 Il0 ING BOARD OF APPEALS ; ` � _�, • �'^' • .-.:: moi.'! +. ( I '� - Y� t •. � _yy \ .. ..__ TMa t M _ , x °• .yam � :.,.. �� ' a a } .3 .c -lair -ads • ,.. ,. . , r` WordPerfect .. ( Goog{e Map... GOO,O Ic ' Workspace ... Calculator Sage Timesli.. K 3► ■ MACH3 LLC (NAPOLITANO) 30 SMITH ROAD, PECONIC SCTM: 1000-98-3-39 RECEIVFT' NO) vlc TOWN OF SOUTlHIOLD kOPERTY RECORD CARD�j OWNER STREET VILLAGE DISTRICT SUB. ,7 LOTaaaeA o �n,n � .I�.o rrGt,i n2, ` . CB. MISC. ( Est. Mkt. Value LAND IMP. TOTAL DATE -aa J✓}'��► tin �4--� o O D., N E ACREAGE 00 7,9 010 O/ MER ZER" z! 5 rre dry - - 6rfAe e— �bv ��� 3 ��- W TYPE OF BUILDING i1(F►--3l��0, ooa I II 3- / - 4 .r4 ZES. SEAS. I's VL. FARM COMM. ( IND. I CB. MISC. ( Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS �4--� o O D., 00 7,9 010 . I V 5 rre dry - - 6rfAe e— �bv ��� 3 f -Lla 3 a- �� n v �• tee. i1(F►--3l��0, ooa I II 3- / - 4 .r4 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD -illable 1 BULKHEAD 'i[We 2 DOCK "illable 3 iv Voodland wompland rush land ReCEWEB SEP 17 2014 louse Plot ZONING BOARD OF APPEALS •otat ____._.�.�a-,._____,-__.--..-�--._ __.. ._.:,_�_...._. .r..._. • ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 22, 2014 RE: Zoning Appeal No. 6797 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Transmitted herewith is Zoning Appeals No. 6797 for Mach3. LLC - The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description; Questionnaire; Agricultural Data Statement; Short Environmental Assessment Form; Transactional Disclosure Form; LWRP Consistency Assessment Form; Notice of Disapproval Dated 9/4/14; Affidavit from Joan Raia Dated 8/12/14; Pre -Existing Certificate of Occupancy for No. 37053 Dated 7/31/14; Housing Code Inspection Report Dated 7/31/14; A Letter to Patricia C. Moore from Jo Machinist for Mach3 LLC Dated 9/8/14; A Packet Including Building Permit #39124 Issued to Mach3 LLC for Alterations, Application for Building Permit, Pre -Existing Certificate of Occupancy, Housing Code Inspection Report, Compliance Certificate, Letter to Southold Town Building Department from Architect Mark Schwartz & Associates Dated 7/16/14, and Retain Storm Water Runoff Survey Prepared by Jo Machinist; 3 Pages of Photos of 30 Smith Road, Peconic; Town of Southold Property Card for Tax Map No. 98.-3-39; 3 Drawings for No. 6797 Showing Existing Conditions of the First Floor, the North, South, East, and West Elevations, and the North South, East, and West Elevations of the Barracks; Map of Indian Neck Park Filed 6/20/1963 for No. 3810. ***RECEIPT*** Date: 09/17/14 Receipt#: 177743 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6797 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #1016 $500.00 Llc, Mach3 Name: Llc, Mach3 502 Piermont Ave Piermont, NY 10968 Clerk ID: SABRINA Internal ID: 6797 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/17/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6797 MACH3 LLC 1016 $500.00 , RECEIVED SEP 1 7 2014 Southold Town Clerk $500.00 By _lc_ Thank you. PATRICIA C. MOORE n� settorrmy at Law 0 51020 Main Road \ Southold, New York 11971 \�� \ Tel: (631) 765_4330 Fax: (631) 765-4643 August 11, 2014 Mr. Gary Fish Southold Town Building Department Main Road, Southold, NY 11971 By Hand Re: Pre -CO: 30 Smith Road, Peconic 1000-98-3-39 Dear Mr. Fish: Mr. and Mrs. Napolitano filed for a pre -co for the two structures on the above referenced property. Their pre-c.o. application was for the two pre-existing cottages. Enclosed is a survey of the property. Upon inspection, you observed two structures, a one story frame seasonal dwelling approximately 23'x 48' and a second one story seasonal frame cottage 12.3' x 53'. (Pictures enclosed). Both structures are connected to public water, each structure has it's own electric panel and meter (as shown on the existing conditions plan). Inside the second cottage is sleeping quarters with a kitchenette and % bath, You directed Mr. And Mrs. Napolitano to install carbon & smoke detectors and Mark Schwartz, Architect provided an opinion of "structural Integrity". Enclosed please find an "existing conditions" plan certified by Jo Machinist, Architect. The electric heat was removed in order to keep the structure as a "seasonal structure", not a "storage building". None of the documents provided to the Building Department or the inspection of the existing structure was for the purpose of converting this preexisting cottage into a "storage building". The pre-c.o is now incorrect, the sleeping quarters is not a "storage building", the structure has been used as sleeping quarters since prior to zoning. The layout of the building and the utilities in the building confirm this use. We ask that the pre-c.o be revised to reflect the use of the second structure as a seasonal cottage. Very truly yours, Patricia C. Moore cc Mike Verity, Binding inspector Mach 3,LLCJ FA 0 i 1'-4' '-6n I r — — I 11 nJ E45TINS 1-5TORY FRAF€ COTTAGE - fM 4'- wgLW I' -D. NO HORK Q _ BA ret Poc%Er DR - 32x60 Pu cs Hra ' 5-2 NEN ]xNlb'oL � ��r-d• ' 5.�.._ . G.4RPJRT �4� . IFS u � o m X151 'Nm NEN LOAG. PILSED O —1- ° NEN PR Ff�rY ORs� NEw PR rRFIrN ORs rxrnl d i'o eic Ra MINOLH ]-T - 5i'X 6D' - M'X 60'_1 4N5 OP'6 RB,4DVE ALL RII$IOR SYPaM EOAftO QI EEL IfiR ND f Morar 4'- ]'I' FNLLSANOL 11 -165. --Ex FRAMND IHfEEW1. -L—-1. FIN pR I=eD INSTaLLED ® 6. 51STER MEN io EX S' -D' G_ F110'��YYA.RE TODGM�ERFC9 E 5TIN6 _ y.m.e n 1, Ie,xT ry nrALll ro Rose w LICaO . rx,lr�..oN. ��� INSrxL ren eLDNN-w FDAN mwuna• Al Au_ ex-eRN,R uvmBB,, ww-s, Rouwetb. Pie HR5T FLOOR - GONSTRUGTION PLAN _ (' •FRS AY-FqW ILYIffiIE YLL4.61Ls�g, R•4 DANLN PER NYS RESDEMW. AMD EK5TIN6 fiLDb LWE�� fE HININM Al10NA0LE • ft VAWE 9D PER INCN Ih I W UFAM FX6T FL£. NSI Ib1 I�w�d` IN 5!' EX! W41 . 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LSI+.,Au . _.. _ IN EK.I BAnnCCM, E,wasr Tr«aGH ROOFi s12E Pal annNOON - cN+lmMk Q _ nn � ��r-d• ' 5.�.._ . G.4RPJRT �4� . IFS u � o m c4M NEN LOAG. PILSED a -0 ° NEN QL, ti0!1N65 sam�Es %eD• DEtr 1NI5 AREA OKY 1R=14mT1 p � AMn clu Prom Nail WTP D FL GWM SP.4LE QEtOn EEL IfiR ND f Morar �y.t� LSI f Wtaar I=eD INSTaLLED 3' D' -I' DDaR 7' -II' S' -D' 6'-l"1 414' 10•_5" HR5T FLOOR - GONSTRUGTION PLAN 5GALE I/S• = I' -O' me - PRIVATE RE5IDENGE 50 SMITH ROAD PE00NIG, NY 11958 JO MACHINIST AR CHIT[cT � m.mN Pf FD aooe PBBti I fb.6N EEY®TtRRICiI I"� MO IEVISIaE� FLOOR PLAN GON57F,XTION PLAN 00 TION SET m ro cs MD. GA e ob oD w Al RWIRS Bi. �U PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Mr. Gary Fish Southold Town Building Department Main Road Southold, NY 11971 By Hand Dear Gary: Tel: (631) 765-4330 Fax: (631) 765-4643 FILE (C(DP17 August 12, 2014 RE: John & Lorraine Napolitano to Mach PREMISES: 30 Smith Road, Peconic SCTM: 1000-98-3-39 D E C E 0 WE mm 12 2014 LLC GLDG. DEPT. TOWN O. SODTHOLD I understand that upon review of my letter dated August 11" with photographs and the existing conditions plan, both prepared at the time of your inspection, you would not revise the pre-c.o. I have included two sworn to affidavits. The first affidavit is executed by John Napolitano, who's family owned this property since June 30'h, 1972. The second affidavit is executed by Joan Raia, who's family owned this property since 1959. The structures were purchased by her parents as they appear today. Also attached are copies of the PSEG bills. The one structure is connected on Indian Neck Lane and the second structure is connected on Smith Road. Mr. Napolitano has a folder of utility bills for the separate meters at his home in Williston Park. He is willing to supply this additional proof, if necessary. The preservation of the pre-existing sleeping quarters is a valuable right to the owners and must be preserved. We ask you to please revise the pre-c.o. to reflect the use of the 12'x 53' preexisting structure as sleeping quarters. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Patricia C. Moore cc: Mike Verity, Building Inspector • E `,• ,_ fC/ TOWN OF SOUTHOLD rF —bPmu f mato ® CARD OWNER 'STREET. IVILLAGE DtSTRiCT SUS. I LOT .Johf'► i-. 1131Ao • `�=-:. a .,., .. � ,... Ff%0�MER � ROWNER P II N E ACREAGE O I ./ln �e�h.• l�Q4DIi h0�lu?r � ]+ 1.� � I Vcv,•��.. 1W TYPE OF BUILDING RES. SEAS. Z GD VL. Form Acre Value Per Acre Value FRONTAGE ON ROAD, FARM COMM. IND. I CB. ' MISC. ! Est. Mid. Value LAND IMP. TOTAL 11ru66land DATE REMARKS nitwM L » 1 = •. lLf,n /4n� a.• F!.•:^.� ace -a r 1 .. a .i. o :7 / �� - i ICA r. -i... -- �7YL�n; L on. - .n/,*�r nr•� •�s !.. � r 2606 3___. n V �i:'>! a V l• irI � � 1 rN/ , �� �� Q � � � r . l til. �L.. 9an�1t./.• r nl.;ra +roan r ` c.hrc>r.- e AGE BUiLD1NG CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD, Tillable l E E aau Tillable 2 Tillable 3 Woodland Swampland, 11ru66land i i House Plot nitwM L j Total • • L Bldg. 4 IG L J n__ ¢ Foundation % �t a+%� Bath 1 derision I4.£ •. as I9L Basement T1 o Floors denslonr s ., a Ext. Walls s interior Finish I—'- y"I {i 3. 2 [ d 1 d -a 104 Fire Place % in Heat [• y S > Porch Patch Roof Type Rooms tst Floor •eazeway Patio Rooms 2nd Floor ar a {SLl1: R: , Z. 39 Dtivaway Dormer tB s �� ,I, 1 EAsr 1 o' TLE No. 1 2. 5 S g S s rt ti pe ., N .7o oQ W ae t S'ra Ry F Rilme 4� brig N W 4. N .. 'P r;o N cA -n P v 3 to W w 0 r S 1 O`- 23' E Loi ;;•a� ssls'� s�i�x Ro,�n PSZLV A'T' v. 2e►A J�"Jol N t{ i L • 4• .D W` d .r N ai c s r M TLE No. 1 2. 5 S g S s rt ti pe ., N .7o oQ W ae t S'ra Ry F Rilme 4� brig N W 4. N .. 'P r;o N cA -n P v 3 to W w 0 r S 1 O`- 23' E Loi ;;•a� ssls'� s�i�x Ro,�n PSZLV A'T' v. 2e►A J�"Jol N t{ L • 4• d .r N v I b, 70 4 p d v brA IS HEREBY CERTIFIED T14AT SURVEY" WAS PREPARED RDANCE WITH THE EXISTING CODE OF PRACTICE IS DR LAND SURVEYORS ADOPTEDHBY NEW YORK STATE ASSOCIA- ioN O PROFESSIONAL LAND SURVEYORS ,6r D XHF _ INIMUM •STANDARDS FOR TITLE SURVEYS OF THE' NEW YORK M�NLAND TITLE ASSOCIATION um m. u. 1J"1Z SWEL�.-�- I�LECPrI�'I�IEI� SECTION BLOCK DAr� ' GUARANTEED TO: �AS 11�E �TLF til PAAIY Se "rK �4�40 ' i Cs.�A.l v/'-7£6• Ga CONSULTING ENGINEERS AND ,EA%nfi w„ r fR4Ne1y 3'. PVAr,LPI4 TP PROFESSIONAL LAND SURVEYORS COUNTY >-O JSRICHO TPKE. P1 7-35145 MINEOLA. N. Y. 12301 MEMBER OF NEW YORK STATE LAND TITLE ASSOCIATION. 5 V F F O L K NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS RECORDS OF: 4ARLES E. GLASS WALTER P. STEWART APPLICANTyEv@R K r+RR� JOB NO. S. VAN DER WER'KEN ROBERT CLEMENT hljPot_�Tp,n WALTER W. •FLECHTNER DRAWN BY + CHECKED BY O 8 STATE OF NEW YORK ss.. COUNTY OF SUFFOLK John Napolitano being duly sworn, deposes and says: THAT I reside at 161 Cantebury Road, Williston Park NY 11040; THAT my wife and I are the owners of 30 Smith Road, Peconic NY SCTM#1000-98-3-39. I make this affidavit knowing that the Town of Southold will rely on the truth of the statements contained herein. The following facts are herein attested to: 1. The above property has been in our family since it was first purchased by my parents, Severin W. Napolitano and Mary NapoIitano, his wife, on June 30� 1972; 2. When Severin & Mary acquired the property there were two independent structures on the property. The 12'x 53' building which was a separate living and sleeping quarters and the 48' x 23' building, they remain the same today as they did when my parents purchased the property; there were two separate electric meters, one service is from Indian Neck Lane and the other service is from Smith Road. The 12'x 53' building was labeled on the Town's property card as "the barracks". This structure has a separate bathroom and kitchenette and could be occupied separately from the 48'x 23' main house. 3. The barracks has been identified as sleeping quarters by the Town of Southold on their property card since property cards were first issued; attached is a copy of the property card and the survey used by my parents when they purchased the property in 1972. 4. "Barracks" described the building's use as sleeping quarters and this is how the building has continuously been used since before Severin & Mary purchased the property in 1972, since I know my parents did not change the structures, and I can attest that it has been sleeping quarters continuously by us, to date. 5. The space was rented out to non -related people by my parents throughout the season. 6. My parents purchased the property from Walter Brunie and Helen Brunie on July 23, 1959. Their daughter, Toan Raia is my neighbor, she resides at 555 Smith Road, Peconic, NY, and she is also familiar with the property and offered her own affidavit. 7. T applied to the building department for a pre-c.o for what was there, never expecting that the building department would not issue a pre -co for separate sleeping quarters. 8. I do not accept the pre -co which characterizes the use of the structure as "accessory storage building with toilet, sinks and outdoor shower". It is and has been a separate sleeping quarters and YYf 1 afLV It 1 N.f./ V rWV 1 .VVr.VVVL identified as "a barracks" by the Town. 9. I make this affidavit requesting that the pre-c.o. be revised as "sleeping quarters" or "barracks", all of these descriptions would be accurate. It is more than an "accessory storage building" Sworn to before me this i 1 day of c�v 5.r s— Za Notary Public\. U MARY KOLAKOWSKi Notary Public, State of New York No. 01K04870006 QueJ'rt'ied in Suffolk County Comm. Exp. Sept. 2, 20_, -1 STATE OF NEW YORK ) (a [P V } ss.. COUNTY OF SUFFOLK ) Joan Raia being duly sworn, deposes and says: THAT I reside at 555 Smith Road, Peconic NY; THAT my parents, Walter Brunie and Helen Brunie, owned 30 Smith Road, Peconic NY SCTM#1000-98-3-39, from July 23, 1959 to June 30, 1972. I make this affidavit knowing that the Town of Southold will rely on the truth of the statements contained herein. The following facts are herein attested to: 1. The above property was sold by my parents to Severin W. Napolitano and Mary Napolitano, his wife, on June 30'x, 1972; 2. When my parents owned the property there were two independent structures on the property. The 12'x 53' building which was a separate living and sleeping quarters and the 48'x 23' building. To my knowledge, the two structures remain the same today as they did when my parents purchased the property in 1959; there were two separate electric meters, one service is from Indian Neck Lane and the other service is from Smith Road. I remember that the 12'x 53' structure has a separate bathroom and kitchenette and could be occupied separately from the 48'x 23' main house. 3. I was shown the property card for the property. The barracks has been identified as sleeping quarters by the Town of Southold on their property card since property cards were first issued; attached is a copy of the property card and the survey used by Mr. And Mrs. Napolitano to purchase from my parents in 1972 accurately reflects the conditions, as I remember, of the property. 4. "Barracks" described the building's use as sleeping quarters and this is how the building was continuously used while my parwo owned the property. I know my parents did not change the structures while they owned it. 5. As the neighbors of 30 Smith Road, Peconic I can attest that it has been used as sleeping quarters continuously, to date. 6. The pre-c.o. should not have eliminated the use of the property as "sleeping quarters", it was more than a storage building when my parents owned the property and I know that the Napolitano family continued to use the 12'x 53' structure as a separate sleeping quarters. Sworn to . .� NotarYPublic, ftftYork 1114-1. rNl . 1fiKs f I ,� rrRlllWd Suffolk Qualified M r4Public f_ i XPf., • • T�q TOWN OF SOUTHOLD P..O' PERTY RECORD CARD OWNER (STREET. I VILLAGE DISTRICT SUB. I LOT �� i 11 ri Ii .I .. L1 l J(1 �. �.�L. _: i�.L P f� • I //G.rY�.i4 f' .�..... _ .... C../" ali G�r"e' P NEn n�i A&I E I A REA2GE IW TYPE OF BUILDING j RES. SEAS, VL. FARM COMM. ) IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 12 3—o Y AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland Nouse Plot Total BUILDING CONDITION NORMAL BELOW ABOVE FRONTAGE ON WATER Acre Value Per Aere Value FRONTAGE ON ROAD C • L Bldg. 4 4 i J r Foundation ri <jra:tj Bath derision 11-L S 11 dao 71 Basement )orb Floors Aonslonrt s t S p Ext. Wails..- Interior Finish damlon y7V3, _ C1,./ / Q Fire Plow ) LOHeot t. L. Y Porch Porch Roof Type Rooms 1st Flow eazeWoy Patio Roams 2nd Floor a� J7 Driveway Dormer ! STOR� FRRME Mq �, S T s F�inen 3'-3�E,,Ar ` Lo % 3 -s tctAn s r 1=E+,ctS O'•S''S��Tn tJ� i� 0 t• J 1 C),- '2.3r E S 3'• 4 °llc" l STa 0.v F ry�1*nE SGS' 'Lsig�• 1 oa.00 I SIN S Pw:►t••T PCZSvnT'E. Roo.fl -ft act 1S HEREBY CERTIFIED THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE OR LAND SURVEYORS ADOPTED BY NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS A{Vb 'CNz-w INIMUM -STANDARDS FOR TITLE SURVEYS OF THE' NEW YORK ii TATE LAND .TLTLE ASSOCIATION ••. �OSWELL.q.�... FLECHTNER SECTION BLOCK DATI� A► S , ATE S GUARANTEED TO: �. ........ `�,�— t" 1� is � �,• L F G..,.a � r K Y Ee. `.o,�,) j�.i1 N y CONSULTING ENGINEERS AND r.�,ThErz,„t, , r•�c�.,�is 3. �4if;Lpf+{, SR• PROFESSIONAL LAND SURVEYORS COUNTY !O JiRICHO TPKE. MINEOLA. N. Y. I 1501 P l 7-35 48 MEMBER OF NEW YORK STATE LAND TITLE ASSOCIATION S o F F o tL k NEW YORK STATE ASSOC14TtON OF PROFESSIONAL LAND SURVEYORS RECORDS OF: iARI.E5 E. GLASS WALTER P. STEWART APPLICANT JOS NO. S. VAN DER WERKEN ROBERT CLEMENT SEugR•K ► t"f%k'l NAPoLtTgti. WALTER W. FLECHTNER DRAWN BY ,• 1 CHECKED BY —7 1 O t y 4• �� d r p M R( v P r �l -ft act 1S HEREBY CERTIFIED THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE OR LAND SURVEYORS ADOPTED BY NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS A{Vb 'CNz-w INIMUM -STANDARDS FOR TITLE SURVEYS OF THE' NEW YORK ii TATE LAND .TLTLE ASSOCIATION ••. �OSWELL.q.�... FLECHTNER SECTION BLOCK DATI� A► S , ATE S GUARANTEED TO: �. ........ `�,�— t" 1� is � �,• L F G..,.a � r K Y Ee. `.o,�,) j�.i1 N y CONSULTING ENGINEERS AND r.�,ThErz,„t, , r•�c�.,�is 3. �4if;Lpf+{, SR• PROFESSIONAL LAND SURVEYORS COUNTY !O JiRICHO TPKE. MINEOLA. N. Y. I 1501 P l 7-35 48 MEMBER OF NEW YORK STATE LAND TITLE ASSOCIATION S o F F o tL k NEW YORK STATE ASSOC14TtON OF PROFESSIONAL LAND SURVEYORS RECORDS OF: iARI.E5 E. GLASS WALTER P. STEWART APPLICANT JOS NO. S. VAN DER WERKEN ROBERT CLEMENT SEugR•K ► t"f%k'l NAPoLtTgti. WALTER W. FLECHTNER DRAWN BY ,• 1 CHECKED BY —7 1 O 2 Number of This document will be public record. Please remove all Social Security Numbers prior to recording. P -j Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recoding / Filing Stamps 3 1 FFFq Page / Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP -584 Sub Total Spec./Assit. Notation or EA -52 17 (County) Sub Total Spec. /Add. EA -5217 (State) TOT. MTG. TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 i Transfer Tax Affidavit 16 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 page # of this instrument. 4 [Dist. 1.000 � Section 098.00 Block 03.00 Lot 039.000 $ Community Preservation Fund Real Property Consideration Amount $ -.105, 000 OC Tax Service Agency CPF Tax Due $ 3,100.00 Verification Improved X Satisfactions/Di arges/Reletse, List Property Owners Mailing Address 6 RECORD & RETURN TO: Vacant Land PATRICIA C MOORE ESQ TD 10 51020 MAIN ROAD TD SOUTHOLD NY 11971 -F— TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com anv Information Name Advocate's Abstract, Inc. 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Title # ADA -2790-S 8 Suffolk County Recording &Endorsement Pale This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) JOHN NAPOLITANO and LORRAINE NAPOLITANO The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold MACH3 LLC In the VILLAGE or HAMLET of Peconic BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12.010e: WSkk Page 1 of 3 (over) 0 0 �, �,10� -I Form 8002 — Bargain and Safe Deed, with Covenant against Grantor's Acts — Individual or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. N.Y.S. REAL ESTATE TRANSFER TAX $1,220.00 THIS INDENTURE, made the 11th day of August , in the year 2014 BETWEEN JOHN NAPOLITANO and LORRAINE NAPOLITANO, his wife, residing at 161 Canterbury Road, Williston Park, New York 11596 party of the first part, and MACH3 LLC, a domestic limited liability company having its principal place of business at 502 Piermont Avenue, Piermont, New York 10968 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 4✓ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Indian Neck, Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 1 on a certain map entitled, "Map of Indian Neck Park, George W. Smith, owner, made by Franklin F. Overton, M.E., Surveyor, 1912" and filed on the 27th day of May, 1913, as and by Map No. 551 and more particularly bounded and described as follows: ^�1 BEGINNING at the corner formed by the intersection of the southerly �� side of Indian Neck Road with the westerly side of Smith Road, a private road as shown on the above mentioned map; running thence South 100 23' East along the westerly side of Smith Road 100.00 feet to the northerly line of Lot No. 3 as shown on the above mentioned map; thence South 790 37' West along the last mentioned line 103.22 feet; thence North V 00' West 94.10 feet to the southerly side of Indian Neck Road; thence North 760 04' East along the southerly side of Indian Neck Road 97.86 feet to the corner at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated December 11, 2003 and recorded in the Suffolk County Clerk's Office on December 31, 2003 in Liber 12292 Page 763. 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; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first 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 first part has duly executed this deed the day and year first above written. 1--\ i A' N PRESENCE OF: 117 Page 2 of 3 • ACKNOWLEDGEMENT TAKEN IN NEW YORK §TATE State of New York County of Suffolk , ss: • On the 11th day of August, in the year 2014, before me the undersigned, personally appeared JOHN NAPOLITANO and LORRAINE NAPOLITANO, 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 (tae) (she) (they) executed the same in (#is) (Iw) (their) capacity(ies), and that by 04) (4w) (their) signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Nota*,Public I,- &✓ ROM K tMm�abift `a}m ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York County of , ss: On the day of , in the year 20 , 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. AC IrMNT BY SUBSCRIBING WITNESS TAKEN IN N W YORK STATE State of County of , ss: On the day of , in the year 20 , before me the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that (he) (she) (they) reside(s) in ; that (he) (she) (they) know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (his) (her) (their) name(s) as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK STATE • State of County of , ss: " (or insert District of Columbia, Territory, Possession or Foreign Country) On the day of , in the year 20 , 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 and that such individual made such appearance before the undersigned in the city of . State of BARGAIN AND SALE DEED Title No. JOHN NAPOLITANO and LORRAINE NAPOLITANO to MACH3 LLC District: 1000 Section: 098.00 Block: 03,00 Lot: 039.000 City a Town: Southold RETURN BY MAIL TO PATRICIA C MOORE ESQ 51020 MAIN ROAD SOUTHOLD NY 11971 Distributed By Chicago Title Insurance Company Page 3 of 3 T-2070 T-£800 trmdud N.Y.S.T.U. Tam M . 6-0r.1eM�5apla sed Wo Dmd with Ca—m .pion Oram1. A.n-I.dlrld.d m Cop—im CMM. Shot) CONSULT YOUR LAWYER REFORM EIONINO THIS RUTOUMINT-TNN INSTRUMENT SHOULD DE USED BY LAWYERS ONLY. ireEa4665 PAcf360(T• 0 7*0I NDENIUUM made the :;n .?day of July , nineteen hundred and fifty-nine, BETWEEN Un V. FIRBT. residing at 309 Hudson Avenue, Albany, New York, o party of the first part. and 1PALTER BRUNIH and HURN B6UNI8, his wife, sa tenents by the entirety, both residing at 3821 200th Street, Bayside, Queens County, New York, party of the second part, p paid bythe party pf the second f the first part, dos hereby grant and release untoaM in consideration of Ten nollars and other the party of the second part, the heirs or successors and assigns of the party of the second part forever, �%�flI--li��` ii914iffllilAF9t.V ALL that certain plot, pied or parcel of lend, with the buildings and improve. slants thereon erected, eitunte, lying and being at Indian Neck, Peaonic, 1n the Tovn of Southold, County of Suffolk and State of New York, known and designated as Lot #1 on s certain mop Entitled "Map of Indian Neck Perk, 6aorge V% Smith, Owner, cede by Franklin F. Overton, N.B., Surveyor, 1912" and filed on the V th day of May, 1913, as land by flap No. 651• V� .t Title Guar Co. #1275595 L C r r 0 io PQ N r rn CA pr rM 0 7O �D x CD Z S—da,d N.Y. B.T.U. Form 8007 • 7.70-2OM— B,,g... and Sale Deed. wi,h C— ...... g.inu Gnnwr', Acn— IndMd.A ., G.,p mim CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. �jq/�R 7194 PACE 52 I THIS INDENTURE, made the day of June nineteen hundred and seventy—two, BETWEEN WALTER BRUNIE and HELEN BRUNIE, his wife, rosiding at - 87 Overton Street, Freeport, Nassau County, Now York, party of the first part, and SEVERIN W. NAPOLITANO and MARY NAPOLITANO, his wife, as tenants By the entirety, residing at 45-00 1Yist Street, Flushing, Now York, 11358, party of the second part, Ir WITNESSETH, that the party of the first part, in consideration of TEN($10.)--------------------------------------------------- dollars, lawful money of the United States, and other good and valuable a ons ideation paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever f1iil(4iiii' ALL that certain plot, piece or parcel of land, situate, lying and being at Indian Nock, Poconic, in the Town of Southold, County of Suffolk and State of Now York, known and designated as Lot No. 1 on a certain map entitled, "Map of Indian Nock Park, George W. Smith, Owner, made by Franklin F. Overton, M.E., Surveyor, 1912", and filed on the 27th day of May, 1913, as and by Map No. 551, and more particularly bounded and described as follows: BEGINNING at the cornor formed by the intersection of the southerly side of Indian Nock Road with the westerly side of Smith Road (private road as shown on the above mentioned map); RUNNING THENCE South 10 degrees 23 minutes East along the westerly side of Smith Road, 100.00 foot to the northerly line of Lot No. 3 as shown on the above mentioned map; THENCE South 79 degrees 37 minutes West along last mentioned line, 103.22 foot; THENCE North 7 degrees 00 minutes West, 94-10 feet to the southerly side of Indian Nock Road; THENCE North 76 degrees 04 minutes East along the southerly side of Indian Neck Road, 97.86 foot to the corner, at the point or place of BEGINNING. That the grantors heroin are the same persons as the grantees in the Deed dated July 23, 19590 and recorded on July 28, 1959, in the Suffolk County Clerk's Office in Libor 4665 of deeds at page 380. vt. '� r STAU OF ,t V. -:6-NEV/ YORK ? 22.UU..* Ices$ 1 UBEA �9AE L��4 Form 1003 3.34.014—a..8.6 sad S.I. ��� C r er ie a O,ssw', A. led .idwl or Cerpo.arwe (d.86 A-) ' �`' TM AWFXrUAB, made the 10th day of la,�pgt nineteen hundred and fifty- "i70 g1v TLMYN Ti. COLDa2:ITH, indiVidu'ally Foul eoutri! of 'ihe Es711..'tMoof 1,,.01,1-- G, HT VIP;B, deceajed, by iL her dent, residing at 573 Berger.-treet, Borough of Broo1_1;;'n, city and state o'' New ?orki. party of the rst part, ana - �= t7. '_�'C:.ST, residinG at 3�9 Hudson .,.venue, albAy, IM.•+ NrA_, party of the second part, WIrNFMMf, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the parry of the second part, does hereby grant and release unto the party of the second part, the heirs or successors slid assigns of the party of the second part forever, —"` MALI: that certain plot, piece orlparccl of land, with the buildings and improvements thereon erected, situate. at nd:_an Nook, in the 'Town of Southold, County of Suffolk and State of New York, ]mown and designated as Lots Number One (1) and Three ()1 on a certain man entitled "Map of Indian Neck park, Creorge'). Smith, m-iner, made by Franklin 'v, Overton, Y. E. $=,Veyor, 1912^, and fi3ed on the 27th day of 13ay 1913, as and by Map No. 551, and said.lots taken together being; bounded w'-,th reference to said map as follows: Northeiy by Indian Neck Road; Bauterly by a -MIM 0rivate,road; Southerly.by Lot fumber•.ive (5) and i+esterly by land „ �. now'or formerly eP.Samuel.Davids, .deceased. Machinist Mac3LLC hearing dated December 4, 2014 Since the last meeting: Letter dated November 10,2014 (A) a pre-existing, seasonal, accessory, habitable structure containing a % bath, outdoor shower, kitchenette and sleeping quarters requested (B) attach structure (seasonal habitable space) to the main dwelling investigated. Problems connecting the structures explained in Memo dated November 24, 2014 from Jo Machinist, Architect to Pat Moore Board requested Electric Consumption: The electric consumption was low so Board asked for electric bills for the last 10 years, this information has been requested from PSEG but may take some time. The low consumption is not an indicator of lack of use, it indicates "in use" but without a large energy demand. John Napolitano explains his families conservative energy consumption in his Affidavit dated November 24`h, 2016 • Electric Bills Analyzed (May 2010 to May 2012; July 2012 -Sept 2014) paid by Napolitano (August 2014 -sept 2014) paid by Mac3LL Seasonal Accessory: electric consumption has been very low for accessory sleeping quarters... electric bills show use 2010: on average every two months winter low $11 summer high $12.42 2011: on average every two months winter low $11 summer high $18 2012: on average every two months winter low$18 summer high $24 2013: on average every two months winter low $21 to summer high $30 2014: Napolitano: $21-$25... Closed in August: $0 vacated for closing Mac3LLC back to $22 Seasonal Dwelling: electric consumption consistently low for dwelling... electric bills show use 2010: on average every two months winter low $14 summer high $50 2011: on average every two months winter low $12 summer high $33 2012: on average every two months winter low$18-summer high $59 2013: on average every two months winter low $23 to summer high $87 2014: Napolitano: @$21-$50... Closed in August: $0 vacated for closing Mac3LLC back to @$27 ri�:�-f ''v ,Xh .'�� �, .• � c. � fit' i ,��� +: :�r 4. .A. � '� 7 ..+t• - i; �; '~ • '�:• � dam.', ._ •;r -, � � � �.'�• � .. t �• �- o.' yk• i° �, ' t ' ova t. �a �.i .� S : x i i O 0 r` �•r :�• - •• • 11 r. �. i . , ,'r �r''` •.}ice + i l j �t - i ����FFF.••. i \ � ° t e:fi� 1 h f ••'� ° Lu{S , .. rf � , i l` •,� I :'t. r . ii 'r', S ;! I S.{ !'•rY\ � 1,f, '.. 1 r �t .f' ..�� .,x�"''""'�-• "V ° til+i' c {k .�•y'q� . 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A • November 10, 2014 Southold Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 54375 Main Road Southold, New York 11971-0959 Re: Mach3, LLC Variance Request #6797, Map # 98.-3-39 Response to 11.06.14 Hearing Optio °auVP 1 NOVIli. lV� .� �� ��, . 70ARO OF APPEALS Dear Chairperson Weisman and Members of the Southold Zoning Board of Appeals: Thank you for hearing our Mach3 LLC Variance Request on Thursday and for suggesting alternatives regarding the accessory habitable structure either as (a) a pre-existing, seasonal, accessory, habitable structure containing a half -bath, outdoor shower, kitchenette and sleeping quarters or (b) as annexed to the dwelling resulting in one single-family dwelling per property. After careful consideration my sons Michael, David and I have opted to pursue our original application and in support of that and as requested by the Board, please find enclosed: • PSEGLI Usage Reports Indian Neck Lane (accessory structure pd by previous owner) May 2010 -May 2012; July 2012 -Sept 2014 • PSEGLI bill for Indian Neck Lane (accessory structure pd by Mach3 LLC) Aug 2014 -Sept 2014 • PSEGLI bill for Smith Road (single family dwelling pd by Mach3 LLC) Aug 2014 -Sept 2014 Many thanks for your time and consideration and please do not hesitate to contact me if you require anything further. Zinc ei . , Jo M hiI A.I.A. Man ging Merpber Mach3 LLC icki TQK M. Machinist, D. Machinist, Patricia C. Moore Esq. 502 Piermont Ave. Piermont. NY 10968 1 jomach46@gmail.com I P: 212 355 7171 1 C: 917 763 7200 www.jomachinistarchitect.com w • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 December 2, 2014 Southold Zoning Board of Appeals Main Road Southold NY 11971 By Hand RE: Napolitano n/k/a Mach3, LLC PREMISES: 30 Smith Road, Peconic SCTM: 1000-98-3-39 Dear Chairperson Weisman and Board: * G -TT -i- At the hearing the Board asked whether the applicant could connect the accessory seasonal sleeping quarters to the main dwelling. Ms. Machinist conferred with Pat at the Building Department to review the feasability of that alternative. Connecting the structures creates problems under the NY State Building Code which my client has outlined in the attached memo. The method of construction and cost is significantly different depending on whether the structure remains a detached "seasonal" accessory sleeping quarters or whether it is part of the dwelling. The NYState building code does not allow the connection of the structures without bringing the accessory structure to the construction standard of a "dwelling". Most importantly, the cost to "repair" and retain the existing structure as a seasonal accessory sleeping quarters (as it has been used prior to zoning) is within the client's budget. However, the cost to connect the structures, as conditioned code compliant space, are not feasible for the client and would be the equivalent cost and zoning affect (i.e. area variances) of demolishing the structure, extinguishing a desired preexisting use, and rebuilding from ground up. In addition, the very low electric utility bills obtained from the Utility Company caused the Board to question whether the structures were used. Enclosed is an affidavit provided by the prior owner, John Napolitano. We asked Mr. Napolitano to explain the very low electric bills. He explained the purposeful conservation of energy made by his family as evidenced by the four years of billing history, for each building, previously attached to applicant's 11-24-14 memo. We hope that your questions have been addressed and we will continue to address any additional questions you may have at the hearing. ZVicia'C.Moore yours, c: Mach3 LLC • • ci-71 -1 STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) John Napolitano being duly sworn, deposes and says: THAT I reside at 161 Cantebury Road, Williston Park NY 11040; THAT my wife and I are the former owners of 30 Smith Road, Peconic NY SCTM41000- 98-3-39, I make this affidavit knowing that the Town of Southold will rely on the truth of the statements contained herein. The following facts are herein attested to: The Zoning Board of Appeals has requested from Jo Machinist copies of the last 10 years electric bills for the "barracks" 2. The electric consumption by our family at both houses on the property was a deliberate effort on the part of my entire family to contain costs on our property at 30 Smith Road in Peconic. 3. Both the house and barracks had very low electric bills. We intentionally did not have a TV or cable at the residences to maintain the country feel of the property to the consternation of some of the younger family members. 4. The seasonal nature of the residence lent itself to being outdoors as much as possible. 5. Without electric consumption the evening entertainment was either board games, or reading, and sitting on the front lawn, watching the sunset and the night skies. 6. For the past 42 years my family enjoyed the rustic use of the property, as it appeared the day we sold it to Jo Machinist and her family. I commend Ms. Machinist and her family for investing to preserve the house and barracks for new generations to enjoy. 7. I continue to stand by my previous affidavit that the "barracks" was used by my family and previous families as sleeping quarters. I am proud of our very low electric bills, electric consumption, in our case, does not reflect the use or lack of use of the property, the barracks for as long as I can remember continued to be used as living space. 0 The building department unjustly to i ated re sting stroke of a pen, please correct this inj sti e. Sworn t efor me this day of ab,, kir- >,�Iq DWAYNE L JACKSON Notary Public State of New York NO.01JA6271502 Qualified in Kings Count '`b My Commission Expires a simple * �a"160 C November 24, 2014 Memo To: Pat Moore From: Jo M Re: 30 Smith Road Accessory Structure cost considerations Dear Pat: • In response to the ZBA's suggestion to annex the two buildings into a Single Family Dwelling Unit I am able to now quantify the cost differential between the two options per the columns below. The scope of work and the cost are definitively beyond the cost and scope of my original plans and budget and even moreso having now undergone the strenuous and costly procedure of introducing the crawl space beneath the Principal Dwelling. Cost Consideration Comparison Accessory Seasonal Sleepine Quarters vs. Principal Dwelling Accessory Wit 1. monolithic slab @ 18" below grade 2. non -insulated roof and walls 3. 2X4 studs, 2X6 roof rafters to remain 4. non -heated seasonal structure S. operational 5 months/year 6. pre-existing footprint 7. no connection or addition costs Principal Dwelline 1. foundation wall & footings min. 36" below grade 2. Energy Code compliant insulated roof and walls 3. re -structure roof/walls to accommodate insulation 4. introduce heating system, flue, roof penetrations 5. operational 12 months/year 6. triggers side and front yard variance 7. cost of addition connecting the 2 bldgs. The existing building is in obvious disrepair and requires significant leveling of the floor structure, repair and possibly partial replacement of roof rafters and upgrading of exterior materials (siding, roof shingles) to be commensurate with quality and aesthetic of the single family dwelling presently under renovation. Also in response to the Board's request I have applied for 10 years of electrical bills for both buildings which, because those files are archived, will take a few weeks. I will have bills for both buildings from the last 2-4 years for the hearing and am hopeful that will demonstrate the Napolitanos' consistent living style. Best, 10 Machinist A.I.A. 1M/jtr 502 Piermont Ave. Piermont, NY 10968 1 jomach46@gmail.com I P: 212 355 7171 1 C: 917 763 7200 www.jomachinistarchitect.com N is 0 #11994 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 27th day of November, 2014. LEGAL NOTICE HERMAN SOUTHOLD TOWN ZONING BOARD OF APPEALS 10:45 A.M.- ROGER ifs Request for..a :Variance from THURSDAY DECEMBER 4, 2014 Article `XXIII Section 280-124 and the Building Inspector's July 16, 2014 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- Notice of Disapproval based on an application for a building permit for a suant to Section 267 of the Town Law and Town Code Chapter. 280 (Zoning), deck addition 1:9 existing. single family Town of Southold, the following public dwelling, at; less than the code required front- yard: setback oL 55 "feet;. located hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF at: 18 Sound Road Greenport, NY. APPEALS at the Town Hall, 53095 ) SCTM#1000= 544V Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSD" ='Regibst for Variance . DECEMBER MUM' from Article TZI Section 280-14 and the ,:: 900 " SUCOX Building Inspeetoi.'s October 30, 2014 SALTY. LLC #6816 - Request for Notice of Disapproval based on an ap- plication,for building permit -for addi- Special Exception under Article III Section 280.138(12) for equestrian sta- tions and alterations to existing single family dwelling at; l) less than code re - bles and riding academy, located at: SS Cox Ned[ Read (Sound. Wit. i quired front yard setback of 50 feet, to sated at: 3595 Paradise Point Road (aka tituck, NY SCTM#1000-113-7-#4.23 . Robinson Road) (adj. to Southold Bay) 10x90 AAL - CAP'X MA- t .. RINE r ,»,. Requat►t for 1 Sou1.15 NY.. S- Variance from Ards atSection 280. ALLE00-81-1-15.5 1L•15 AAL -ALLEN SANKOV ICH #6811 - Request for Variances 49 and the Building Inspector's Sep-., from Article III Section 280-15 and the tember 5, 2014 Notice of Disapproval Building Inspector's July 21, 2014, 2014 based on an application for building permit to construct a 40' X 90' X35' Notice of Disapproval based on an ap- for an "as built" location of an principal storage building, at; 1) less plication accessory in -ground swimming pool, at; than the code required minimum side 1) less than the code required side yard yard setback of 25 feet, located at: setback of 5 feet, 2) less than the code 9605 N$S Route 25 Mattituck, NY. required rear yard setback of 'S feet, SCTM#1000=122-6-12 B0- bated at: 1240 Longview Lane South - 10.15 A.M. - RICHARD au . 1TFR #6815 - Request for t5E!BACH old, NY. SCTM#1000-88-4-45 11:30 A .M. -GEORGE ROHR- e'•fiom Article XXIII Section #6814 - Request for Variance 280-124 and the Building Inspector's from Article III Section 280-15 and the October 27,,:2014 Notice of Disap- Building Inspector's Septembef 5, 2014 prtival based on an application for Notice of -Disapproval based on an building permit for additions and al- terations to an existing seasonal single application for building permit for ac- cessory garage, at; location other than family dwelling, at; -1). less than the the code required rear 'yard, located code required froth yard setback of 40 at: 1620 Grand Avenue Mattituck, NY. feet, located at: 855 Fisherman's Beach Road (aka Haywaters Road) (adj. to SCTM#1000-107-3-9.2 1.15 P.M. - MACH3 LLC #6797 - Cutchogue Harbor)- Cutchogue, NY. (Adj. from 11/6/2014 PH) Request for SCTM#1000-111-1-30 reversal of the Building Inspector's de - 10.30 A.M. - JA -MES KNOBLOCH OM - Request for Variance from Ar- termination, based on the Building In - sector's Notice of Disapproval dated P ticle XXIII Section 280-124 and the September 4, 2014 pursuant to Article Building Inspector's August 4, 2014 Notice of Disapproval based on an ap- III, Section a Pre- A based on an inE for aPre-CO for two dwely application for building permit an "as built" deck addition to existing single plication units on one lot, at; l) "g built" r. • family dwelling, at; l) less than the cede ng int Sion of accessory storage building intc a second dwelling unit, located at: 3( required single side yard setback: of l0 feet, located as e y Bayview T t , Smith Road (corner Indian Neck Lane, Pcconic, NY. SCTM#10(� 98-3-39 East Marion, NY. SCTM#1000-37 ;-19 Principal Clerk day of 2014. ,- abl.--X--� ! NOTA"'` NEWYORK 4:; !: i +s t c, :s 50 UM P.M.- FRANK M ►tRF runty 1 - Request for Variances from Ar- 2:10 PAL - LAUREN •AMBR ..- ticle:dII Section 280-14, Section 280-15 y is #6803 - Request for Variance from and Article XXIII Section 280-122A Article III Section 280-15 and the and the Building Inspector's Septem- Building Inspector's February 11, 2014, ber 8, 2014.Notice of Disapproval based Updated September -29, 2014 Notice on an application for building permit of Disapproval based on an appliea- for `as built' additions/alterations to tion for building permit to reconstruct existing single family dwelling and ac- with second story addition an accessory cessory structures, at; l) (dwelling) leas garage, at, 1) less, than -the minimum than the code required single side yard side yar4 setback'of 5 feet -);= BOARD MEMBERS 0 Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 6, 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, NOVEMBER 6, 2014: 1_:50 P.M. - MACH3, LLC #6797 — Request for reversal of the Building Inspector's determination, based on the Building Inspector's Notice of Disapproval dated September 4, 2014 pursuant to Article III, Section 280-13A based on an application for a Pre -CO for two dwelling units on one lot, at; 1) "as built" conversion of accessory storage building into a second dwelling unit, located at: 30 Smith Road (corner Indian Neck Lane) Peconic, NY. SCTM#1000-98-3-39 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: October 6, 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 • 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 October 6, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, November 6, 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 October 20th: 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 October 27th: 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 October 29th: 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 November 4, 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: M _J LI 414 MAP # VARIANCE MACH3, LLC #6797 REVERSAL OF BUILDING INSPECTOR DETERMINATION REQUEST SECOND DWELLING UNIT DATE0 : THURS NOV. 6, 2014 1 :50 PAW! If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD -TOWN OF SOUTHOLD 765-1809 • .i • { j ±�. #11932 � 7 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 23rd day of October, 2014. / / THURSDAY NQ, E11� 6,2014 PUBLIC GS NOTICE IS HEREBY GIVEN, pur- suant to Section 267'o the Town Law and Town Code Chapte r? (zoning), Tbwn of Southold, the following public hearings will be held by the SOUTH OLD TOWN ZONING BOARD OFAPPEALS at the 7bwn Hall, 53095 Main Road, PO Box 1179, Southold, New York 11971"-0959, on THURSDAY NOVEMBER 6.2014. Request for Variances from Article XXHI Section 280-124 and the Building InspectoesApril, 5,2014, renewed August 29, 2014 Notice of Disapproval based on an application for. building permit for do- molition of an existing single family dwell- ing and construction of a new single family dwelling, at; 1) less than th'e code required single side yard setback of 15 feet, 2) lea than the code inquired combined side yard setback of 35 feet, 3) more than the code permitted maximum lot coverage of 20%, located at 450 Sound Beach Drive (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-99-1-382 10:10 A.M. - RICHARD FREDI #6799 - Request for Variances from Ar- ticle XXIII Section 280-124 and the Build- ing Inspector's August 12, 2014 Notice of Disapproval based on an application for building permit for additions and altera- tions to an existing single family dwellin_g, at; 1) less than the code required single side yard setback of 10 feet, 2) less than the code required combined side yard set- back of 25 feet, located at: 240 Sunset Path (Billtop Path) Southold, NY. SCTM#1000- 54-1-19 . 10.30 A.M. - ROBERT and PATRICIA i-IOVEY #6800 - Request for Variance trotn Article III Section 280-18 and the Building Inspector's August 18,2014 Notice of Disapproval based on an application for building permit to enclose an existing roof dCc: at 1) more than the axle maximum maul rr er{ stn.:^s of 2 1/2, located at: 125 1414op Path (cx)rv!;r Hilltop Path) South - pi.! �j 1':SC,'v\9iElf1:`v�-j4-1 �0 Principal Clerk )i¢50 A.M. - W, RICHARD and PM _BARBARA ADAMS and fa WENDY BINGHAM #6802 - Request JAN NICH01SON (CV) #6792 - (Ad - for Variances from Article =11 Sec- joumed from 101212014: PH) Request for. Article tion 280-124 and Article XXII Section Variances from XXII Section 280- 280-116A(1) and the Building Inspector's 116B and Article XXIII Section 280-124 September 17,2014 Notice of Disapprov- based an application for building day of 2014. al on for additions and alterations to an Inspector's 28;) amended Jul 29 20014, amended August 4; 2014 Notice permit of Disapproval based on an application for existing single family dwelling at; 1) less building permit for partially demolish and. than the code required front yard setback n of 40 feet, 2) more than the code permit- +/ ted maximum lot coverage.of 2Q%,3) less 111 than the code required bluff setback of tsHRISTINA VOLINSKI 100 feet, located at: 3973 Central Avenue front yard setback of 40 feet, 3) less than (adj. to Fishers Island Sound) Fishers Is- i ib iAf2 ruauc-STATE OF NEW YORK land, NY. SCI'M#1000-6-4-2 No. 01V06105050 11:10 A.M. - JSF PARTNERSHIP #6806 - —est 'for Variances from Ar- 215 p14� - SEAN•iy Qua;iflod it`s Suffo _ ticle III Section 280-15 and the Building PM _BARBARA ADAMS and fa Inspector's October 3, 2014 Notice of JAN NICH01SON (CV) #6792 - (Ad - Disapproval based. on an application for. building permit for accessory..garage at;) joumed from 101212014: PH) Request for. Article 1) proposed location at less than the code Variances from XXII Section 280- required front yard setback of 55 feet, 2) 116B and Article XXIII Section 280-124 i less than the code required minimum side and Section 28015(F) and the Building 28 an14; setback of 20 feet; located at 1430 Espla- Inspector's 28;) amended Jul 29 20014, amended August 4; 2014 Notice nade (adj.. to Hog Neck Bay) Southold, NY.000 g81r13.46 of Disapproval based on an application for 1:30 A. i1.30 A 47 0 M0(NS' ' building permit for partially demolish and. .M. - M1� REALTY CORP.,(RAISSI'l1 , .relocate an existing single family dwell - LnN-, S12=011) #080i - Request for Vari- ing as an accessory building construct a new single family dwelling and construct ances from Arficle XI, Sections 280-50A and 28049 and the Building Inspector's a new accessory garage, at; 1) less than the May 30, 2014, renewed July 30,2014, code required setback of 75 feet from the bulkhead, 2) less than the code required Amended October .6, 2014 Notice of Disapproval based on an application for front yard setback of 40 feet, 3) less than building permit for addition and altera- the code required rear yard setback of tions an existing commercial building, at; 40 feet, 4) accessory building in location other than the front (waterfront) or rear 1) less than the code required front side yard, 5) accessory garage proposed in a yard setback of 100 feet, 2) more thnn the code permitted maximum lot coverage of location other than the front (waterfront) n 30%, located at: 170 Moores Lane Green- or rear yard, located at: 8100 Indian Neck port, NY. SCTM#1000-45-7-3 Lane (adj. to Hog Neck Bay) Peconic, NY. 1 1:15 P.M. - JOHN E MAL -LEY t LEY #&90i- SCT1vR1000-86-7-9 11:5 P.M. - MACI I3, LLC 16797 - Re -t Request for Variances from Article XXIII Section 280-124 and the Building Inspec- quest for reversal of the Building Inspec- tor's September 25, 2014 Notice of Disap- tot's determination, based on the Building Inspector's Notice of Disapproval dated proval based on an application for build- September 4, 2014 pursuant to Article ing permit for additions and alterations to III, Section 280-13A based on an applica- an existing single family dwelling,at; 1) less than the code required front yard setback tion for aPre-CO for two dwelling units "as of 35 feet, 2) more than the maximum on one lot, at; 1) built" conversion of accessory storage building into a second code permitted tot coverage of 20%, lo- cated at: 1330 Gillette Dcivc East Marion, dwelling unit, located at: 30 Smith Road NY. SC1�ivvIl000-38-2-1.4 (corner Indian Neck Lane) Peconic, NY. In - of tion to an existing snip at; 1) less than the code setback of 75 feet,'loc nehaha Boulevard (ad,' Southold. NY SCITvf#1 under Article III, Section` 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, lo- cated at: 565 Old Main Road Mattituck, NY. SCTM#1000-122-7-2. The Board of Appeals will hear all per- 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 /oot start earlier than designated above, Ides are available for review during regu- ar business hours and prior to the day of he hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki.Toth@Town.Southold.ny.us Dated: October 6, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki loth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------X In the Matter of the Application of MACH3 LLC (Name of Applicant) SCTM Parcel #1000 -98-3-39 -------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) C1 4-,C7i--�- AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 201h day of October, 2014 , I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this a a NJ% dayof (N ary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County, Commission Expires June 3, 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. • • MACH3 LLC 1000-98-3-39 #6797 NEIGHBOR LIST JOYCE OLSON 235 W 76TH STREET NEW YORK NY 10023 SCTM: 1000-98-3-38 (160 Smith Road) DOUGLAS & MARYANN MORAN 95 ARROWHEAD LANE PECONIC NY 11958 SCTM: 1000-98-3-2.1 ANITA MORAN 105 SMITH ROAD PECONIC NY 11958 SCTM: 1000-98-4-1.1 PHILIP & PATRICIA MARCO 37 RIVERSIDE DRIVE NEW YORK NY 10023 SCTM: 1000-98-1-1.3 (3375 Indian Neck Lane) RECEIPT RECEIPT RECEIPT RECEIPT 7104 2438 8090 0000 3878 7104 2438 8090 0000 3885 7104 2438 8090 0000 3892 7104 2438 8090 0000 3908 FROM: FROM: FROM: FROM: Moore Law Office Moore Law Office Moore Law Office Moore Law Office RE: mach3 Ile RE: mach3 Ile RE: mach3 Ile RE: mach3Ile SEND TO: SEND TO: SEND TO: SEND TO: PHILIP & PATRICIA MARCO JOYCE OLSON DOUGLAS 8 A MORAN ANITA MORAN 37 RIVERSIDE DRIVE 235 W 76TH STREET 95 ARROWHEAD LANE ANE 105 SMITH ROAD NEW YORK NY 10023 NEW YORK NY 10023 PECONIC NY 11958 PECONIC NY 11958 FE•�8g �( FEES: FEES: FEES: . R`1t 0.48 Postage 0.48 Postage, Postage 0.48 Certified F tage 0.48 C �'cted t t 3.30 Certified Fee 3.30 `� �'; 30Certified Fee 3.30 --�Return AeReceipt 2.70 Returxt _�Iptr� 2.70 Restr' tAi>l , Y pQ{turn Receipt r- 2.70 Rt'stncted /Rer s( 5 TOT f — T TAL g TOTAL �- T{ 'as, 8 �PSTMARK OR DATE POSTMARK OR DATE POA�tK OR DATE MOORE LA*FICE ► 51020 MA OAD ► SOUTHOLD NY 11971 ► A. SicjljajwV—_Vi�A .Vres ,$---or 0 Agent) S. Receive7'5y-:- (FVase Print Clearly) T Dale of C>e1 /cry 4. Restricted Delivery? 3. Service Type (Extra Fe a Yes I CERTIFIED ► 2. Article Number 7104 2438 8090 0000 3885 I ?104 2438 8090 0000 3885 1. Article Addressed To: DOUGLAS & MARYANN MORAN ► PDAIJUVAt LANE ► ► PECONIC NY 11958 ► � Secondary Address /Suite / Apt. I Floor (Please Print Clearly) ► 6�iiv---------- ^ --------------------------------------------------- ► '' Delivery --- Address s . i VIAOIg ................ . ► Wfi .................... 4 o, �d;ej ri v -v -RE LAW O -F -F I' C E 4. Restricted Delivery? 3. Service Type 51020 MAIN CERTIFIED ► SOUTHOLD NIOIM411 2. Article Number ► 7104 2438 8090 0000 3892 ► A. Signature: (OAddressee or DAgent) X /-,-" —eived By, (Please Print Clearly) AX\ C. Date of D I C;)Jivrj I IL D. Addressee's Address (tfD1ff—tF..Add.-U..dbyS-d.d Secondary Address /Suite /Apt. /Floor (Please Print Clearly) .. .... .. .. Delivery Address ,E�f; ----------------- * ----------- -------- - j;jaj� ZIP + 4 Code 0 7104 2438 8090 0000 3892 1. Article Addressed TO: ► ANITA MORAN ► 105 SMITH ROAD ► PECONIC NY 11958 F! TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,, NEW YORK In the Matter of the Application of (Name of Applicants) Regarding- Posting of Sign upon Applicant's Land Identified as SCTM Parcel #I000 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 21.��, il- Ot-Z��� residing, at AFFIDAVIT OF POSTING New York, being duly sworn, depose and say that: On then day of ty---t- , 201 1, I personally placed the Town's Official Poster, with the date of hearing and'nature of my application noted thereon, securejy 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) dayUjw ior to the date of the subject hearing date, which hearing date was shown to be (.q I aA� I k Sworn to before ride tl Dav of . 201 (Sign e BETSY A. PERKINS . Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Courn��) Commission Expires July 18, * near the entrance or driveway entrance of my property, as the area most visible to passerby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider January 23, 2015 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 �yocDUIdV Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http: //southoldtown . northfork .net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6797 — Mach3, LLC Dear Ms. Moore: Transmitted for your records is a copy of the Board's January 22, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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 call the office. Sincerel , \0\ -I.-K Vicki Toth Encl. Cc: Building Dept. / =LINE LINE 1 4 'l6A, '. p. 12' 12 SEE SEC. NO, 066 V A 5EE SEC No ow `1gP�c\_uNF. ' MATCH - _ J y MA TCH- 1.2 �� '`OP�c\ 1' c, 176MATCH LINE Z 1.3 ` `•`39 to 15 11P\4\Cto,9c g,PFC O�oO �a`C� bpJ,`FC �'!, .. Y�2oo ?3 Z 14.9A n ,., ', yJ NN ` \g 1� eyO$ yo No (, 10 C ti020 rsyC/t ,�g .y �'r ° .c 10 $� 0 MATCH_ LINE l ' , psM I len .*dyr w• �p � 9l �FF �FF '3' o, .•, p .' A I -- '4---'� ,.r CZQ j. o, t. •�O 'J _ ,53 % 17.5 '' ••• JY ,e 2 C7 2 T• ��P_ p131 0` 'S •°' O, 9 .w ` 'i5c\ t? �0 � P` �P\\ 9,.� �,�s.� ' tnt\ \ 3�c1 $ 2? $ y M $ r 4 wtb ,q1 g .S $ $ & 5 O ♦ 5"' a �� 35 y5 ..• ,� 1 7'3 3 p` 4 �` 1n P\4� 4p' ' � 3' r $ Pl.1 ,4 MATCH LINE 27.1 7 ) F 2g ,n 1.0 �• — NraM Ouplw _ _ aw � � N � — _ IwAfX W.YYN OTKm,.X. KLNwCgnR us wnw.T.E rauowwp osTnlen ,NM,n 2L " �"r NOTICE MAINTENANCE.6AL KEMTION. EM asm eunoN or nNv roarloN or rl,e su 1.—TIT-uAV is vnanw+Eo �A• 1es 'I m $gam 13 MtO 1 2g N • k pLt g M 2i � d, 1n �'/' NO �8 3 'pn 9 SEE SEC NO. 133 � y 1�2, J b• � ,rr tm 20 b �q j 12? ► 53.1 Nt - f, 19 c1.5P14� -- 94P e°1g - � 3 , `iG 'a 18 Mt %,1 r, 11b.4 i / / g � J4 15 N/•y, n Gal ,q ,q �� ,q F� L / n -1162 26 d Y 18.1 ) fl \ R � v 1 ro n 79' `' 1 y-_1 1qcT 2S 1.4A(c) tut I ant � 9 y d 24 mt �4 ss• "'X20.1 1.2A(c) .M cm �y at O 22 1 �t la 1.4A(c) Idp�I COUNTY OF SUFFOLK ©K Real Property Tax Service Agency r Cavin➢ CYntur Ri—h"d. N Y 11901 >m c ErreET. W M 20.4A(/)o l ' , psM I sou+Na°Fio \ I -- '4---'� .pO ,5'j � a" • ` ggISYIxE � I 1 k ' tnt\ \ FOR PCL. NO.VIP I - 13 m4 SEE SEC. NO. 104-03-014 �. �� OF SOUTHOLfI�.,,I .� ._.. J r 2 ,4 MATCH LINE •— M.olOwal.s � —60,— o,•,,,d �„� _ —r awr•. — NraM Ouplw _ _ aw � � N � — _ IwAfX W.YYN OTKm,.X. KLNwCgnR us wnw.T.E rauowwp osTnlen ,NM,n 2L " �"r NOTICE MAINTENANCE.6AL KEMTION. EM asm eunoN or nNv roarloN or rl,e su 1.—TIT-uAV is vnanw+Eo �A• 1es COUNTY OF SUFFOLK ©K Real Property Tax Service Agency r Cavin➢ CYntur Ri—h"d. N Y 11901 >m c ErreET. W M