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HomeMy WebLinkAbout4823 els/INA T/, LEE r/l 75 :1870 �ECON/G 2R./ tcoN/L Yfra.3 5E ,V. / 'arc. /oo 66-b r •ts4 /FAST /.•' C/9 164/7 Accy s&McCa)5' adDEalets <XGG6S , -90 °/D T 'goof to/Y/IL 3/ag/o7- E,bv oemea ' ftp,O # hEiC1T $ APPEALS BOARD MEMBERS p,,�%UFFOfr �to pkv COGS Southold Town Hall S. Gerard P. Goehringer, Chairman t : 53095 Main Road James Dinizio,Jr. • y z rc j P.O. Box 1179 Lydia A. Tortora ; = Southold, New York 11971 Lora S. Collins ` t p! 1 ZBA Fax (631) 765-9064 George Horning �' 1 #( -0,10 Telephone (631) 765-1809 ass BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION MEETING OF JUNE 8, 2000 Appl. No. 4823 - LEE AND MARIE BENINATI. Parcel 1000-74-3-15. Street& Locality: 3070 Peconic Lane, Peconic, NY Date of Public Hearing: June 8, 2000. REQUEST MADE BY APPLICANT: The basis of this request is Zoning Provision Article III, Section 100-30A.26 (R-40) and 100-31B(14-d). Applicant-owner is requesting a Special Exception for an Accessory Bed and Breakfast for a maximum of three (3) bedrooms to be used. The proposed Bed and Breakfast is an accessory use incidental and subordinate to the principal use by the owners, as their residence, for renting of three bedrooms by casual, transient roomers. PROPERTY DESCRIPTION: The property contains a total lot area of 80,000+- sq. ft. with 120 ft. frontage along the east side of Peconic Lane and 155.20 ft. frontage along C.R. 48 (North Road), in Peconic. The property is improved with a single-family dwelling for which a Certificate of Occupancy has been issued. A more detail description of the property and building is shown on the August 26, 1999 survey prepared for the prior owner (Dart). ADDITIONAL INFORMATION: Applicant has submitted a parking plan which indicates a parking area on the northeast, rear side of the house with access to Peconic Lane via a driveway. The plan indicates a total of six parking spaces, two for the existing residence and three/four spaces for the three-bedroom Bed and Breakfast. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 2) The Special Exception use is an accessory use and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected. 5) This zoning use is authorized by the Zoning Code subject to a Special Exception review and I 4 Page 2 -Appl. No. 4823 1000-74-3-15: Beninati B & B Southold Town Board of Appeals approval by the Board of Appeals and a Certificate for occupancy from the Building Inspector. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) The parking area shall be located only in the area outlined on the map prepared for the prior owners (Dart) dated August 26, 1999. A minimum of five (5) parking spaces, for this bed and breakfast use, shall be provided in accordance with the parking plan submitted with this application. 2) To shield the parking area from view, the applicant shall maintain in good condition the existing fencing from the northeast side of the house to the southeast side of the driveway, and from the northeast side of the driveway to the northeast property line. 3) The applicant shall maintain in good condition the existing shrubbery along the north and south property lines as indicated on the August 26, 1999 survey. 4) There shall be no backing out of vehicles onto the street(s). 5) Applicant-Owner shall obtain a Certificate from the Building Department for occupancy as a new Accessory Bed and Breakfast in an existing dwelling, as the owners residence. 6) The Board reserves the right to inspect the premises after notice to the applicant, or by prearranged appointment. VOTE OF THE BOARD: Ayes: Members Goehringer - - - ), D . '=, ortora, Collins, and Horning. This Resolution was duly adopted (5-0). RECEIVED AND FILED BY GERARD P. GOEHRI ER THE SOUT'TIOLD TOWN CLER CHAIRMAN DATE (e.()4l0o v0 • 9'�f0wt,,, -_` ' i '/' ITown Clerk, Town of Southold I - ParPgf have beeZ� o.1ia s Aver � -t, STATE OF NE1NY axl aFt ip; ., ' tIf s SOBLIGC � 1 -• , e e ': �oS:. s O °PEALS. a c i P °- .' � COUNTY OF SUFF L �DAw o•oO .. He ctto '°' '. tea" ' 1 j,(�( 1 ` �5 of Mattituck,ik, in said y" NO "IS'> E""" ' ' a ' Building - �. • • . county,being duly sworn,says thathe/she is Principal ="'f- WQVCE h er +�. Zonm tJ naecthe l3 '::;,4111.pr , ori clerk of THE SUFFOLK TIMES, a weekly newspaper, $},,3,3 P 3 m-. ` Code ' ° �'L tj1O rottn . t published at Mattituck, in the Town of Southold � " �'� Coun of Suffolk and State of: New k, and that the - publtcy=' a rmgs ' ®mei fLonta tt�ste at. et ty QY1�IiOL PAWD7 Eo ` , x equirea eat, r cau hof Notice of which the annexed is a printed copy, has witi" EO ,�%n e e5k., , pert�4tte n a,+-t € ' been re 0I- souzhbtas ne''- otk 4�§outhma �.. ,,,t, regularly published in said Newspaper once i kions sDANE^ ' 7^zlt1 -; each week for noted bell , tv PPI weeks s ccessively, iueano' vier na,s r da � commencin on the ,..snob e COct6sa' ma Apps o, aszo s 'atee of (� g 20 y ▪bo►.OR Pa►NcI» Th ant Buaam• ' an.. n I �. �,. 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Iirrre e, — , R 11:1, 1 roof ,:f,, 5e410a c.�c #r4-°,4-t°,1° ral ori,to a m� ate . ` o A is(be 5e'd4 t1 epnn –,a,,- ay • PI ace U 7Si` x44 is a e ,t than deli . `-� les a va t � � 7.-I based,..n The..FA le=tonere r re a' " "'' 7 C:o aInspector's y 2�r2000,.` ll business V y f °„. P N 1 m ,pnroOi 3 vee' �4.ve quer.63s, pleased* k..,tr( It , os it eon- t s te pt4 to CO(1 , xact . y. cc,i`iyar °nail • as n eche 3,Med May 14p2000+. e =, e ' s a llik°e . By ebaZ9 the. ° *. sa Q 'e wr S '' _ rofi' °" 0.4 /C o rII(` ,-x , P.,,„: ' 6.• 4.5 09 h, - > e a' w ,,,4. -- + 534, 5 4 .. Et t x,- -.3 �, % it,. •r (rthpCd,�. 97,1 i1. f ; n a ut ▪ < . s .�,. � 4 :=;171.:,-F.. u u ar sel , ., =_. o 6 y 1Sri91 I+ r ffi* w: r "l g .9,4$"1 l e lire -' • AT Ft. Ja + .y`25111 M rye 'i /700 /coo masa, OWN OF SOUTHOLD, NEW YORK • APPLICATION FOR SPECIAL EXCEPTION Application No. g,2, Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I. (We) , LEE `t MArtta '(j6NrftATi of 3070 PEcetjtc Lilac (Residence, House No. and Street) ' ca ttc ci y t19S? 63t 76s- - 1760 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with :, the ZONING ORDINANCE, ARTICLE I 00 , SECTION3 ( , SUBSECTION IS"' for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Fort USE AS A f1/26-1> -arzeAST rid Pt on. Tb 0444 CstnePT LASE PrS.A n est-r (LES Se. • It Mas+1MKM of Mite goo MS Ra.c Pito G>oses Fos. 0--M4&—L. Rapottelta isle be.JTAL &.S> SWt&) cm4Pere• To 'Tike QR-IA-t Quit- A> t arts ovf,_ 'T er etk .iacr- is hvrr(444R.te fJo A-CCESSoµt f}PA,tirµe-+ t EX ts'rS A. Statement of Ownership and Interest. Le 4 Ma2te 'CrJinAtI is , the owner(s) of property known and referred to as 30-7,:, 1%coats (.arC (House No. , Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 7Y Block 3 , Lot(s) /S , which is not (is) on a subdivision Map (Filed "Map of " Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on &1&gc.tk at , a-o oo • B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: QaeQemty S5 ttVed2gAreL.1 SET . • p�Ctc . ?Ali .J(rTr) OtstF31Lirt 'ra-eM . snteET LASACZ LtM oTer Tb 3 "Rooms o'Clstett 6$B es EK.isr o a �EcoiJ« Lomas C. The property which is the subject of this application is zoned ,o and [-] is consistent with the use(s) described, in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following; reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) ,4%? STATE OF NEW YORK) ss. : � � (Signature) Sworn to before me thisl2'"•day ofC! " 4:1.c��®, (Notary HELENE C.HORNE Z62 (rev. 2/6/86) Notary Public,State of New York No.4951364 Qualified in Suffolk qourny Commission ExpiresMay 220e,e9 d% sv SKE`uH PLAN 5 ,k A a t eitn• si,answ_�®4/A' '� ED DART AT PECONIC - TOWN OF SOUTOLL SUFFOLK COUNTY, N. 1000-74-03-1 SCALE: 1"--r--100' AUG. 26, 1999 frP p / y e .„. :.,,...,„/„. t.,_,, -15 O \\ S o '.obl . 4 499' ay PI,' " , _ g etg` .i .0 . // 0 4 O g O 0 fl O!JO ¢ z \ edtx —24 O�%i. tiJya , p Qt a'9" 4p '' Me. o, , 41" �`a> \ y 29199 ? 000,\i0 COUNTY OF SUFFOLK TV tr, tmi 4 D 18©&011,8,, ROBERT J GAFFNEY SUFFOLK COUNTY EXEC :� JL/N 2 ' G U EN`!r •NES, A.I C.P. DEPARTMENT OF PLANNING DIRE'', •- •F PLANNING June 20, 2000 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Gaddis, Astrid 4804 Daly, Veda 4816 Romagnoli, Elaine 4821 4eninati, Lee and Marie 4823 Sleckman, James & Cathy 4832 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G AC C H O R NY)ZON I NG)ZON I NG\W O R KI N G\LD2000\MAY\S D4780.MAY LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P 0 BOX 6100 ■ (516)853-5190 Nei'PPM IMF AIV I I-7Rq.nnoo TFI F(()PIFR(ri 16) R53-4044 f, SUfFOTitCpG jam° � N Z �Ito ��,/1,1 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector XX Special Exception, Article III , 100-318 (14)Section Special Permit Appeal No : 4823 Applicant : Lee and Marie Beninati Location of Affected Land : 3070 Peconic Lane , Peconic County Tax Map Item No . : 1000- 74-3-15 Within 500 feet of: • Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X X State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : Applicant is requesting permission . to est.ablich a "Bed and Breakfast" use Copies oiTown file and related documents enclosed for your review . Dated : Jun e 15 , 2000 „ ,,,iii,,,_ APPEALS BOARD MEMBERS !, •"1 SVFFOL4 ��i p� CQG Southold Town Hall Gerard P. Goehringer, Chairman ;j y�c: 53095 Main Road James Dinizio,Jr. H Z ; P.O. Box 1179 Lydia A. Tortora , % ��' Southold, New York 11971 Lora S. Collins `** p!/ ZBA Fax(631)765-9064 #0”George Horning �l * ,��� Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 14, 2000 Mr. and Mrs. Lee Beninati 3070 Peconic Lane P.O. Box 552 Peconic, NY 11958 Re: Appl. No. 4823 - Accessory Bed and Breakfast Use Dear Mr. and Mrs. Beninati: Enclosed please find a copy of the Appeals Board's determination, with conditions, rendered at the June 8, 2000 Regular Meeting. Please return to the Building Department for the Certificate of Compliance (for Occupancy) and, if necessary, a building permit for electrical, plumbing or structural alterations. As a reminder, an annual Certificate of Compliance through the Building Department, before occupancy, is necessary, and must be renewed each year thereafter. The Building Department may be reached at (631) 765-1802. Best wishes with your new Bed and Breakfast. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department al,s14) esa-d- 6/`floc ,'&" ( �� JP,I 337 West 21 8t . t. 5B �..Y• , N.Y. 10011 Southold Town Board of Appeals Town Hall 53095 Main Road Southold, N.Y. 11971 Dear Chairman: I am submitting this written statement regarding thy: request by Lee and Marie Beninati for an Exception which would allow them to use their residence at 3070 Peconic Lane, Peconic, N.Y. (Parcel 1000-74-3-15) for a Bed and Breakfast and to have a parking lot on the north side of the residence. (Although the parking lot is not mentioned in the notice of the hearing itself, I am assuming that they are requesting permission to set up a parking lot next to the house only because a map showing the dimensions for the parking lot- but not the length of the drive- way- was enclosed with the notice .) I have no objection to the Beninatis using their residence for a Bed and Breakfast . I do, however, have a request which I hope the Board will consider and make part of the Special Exception if the Board chooses to grant their permission for the Beninatis to go ahead with their plans. At this point I would like to let you know that I own the house and land across the street from the Beninatis . The address is 3105 Peconic Lane, Peconic, N.Y. and the Tax Map No. is 473889 74 .-4-16. I see the Beninatis' home quite clearly from my home. The plan for the Beninatis ' parking lot does show the dimensions for the parking lot itself, but not for the driveway, and also does not indicate exactly where a certain two lengths of fence are. In any case, at the present time, two shortish but rather high segments of fencing flank the driveway. One segment of the fence extends from the north side of the house to the south To: Southold Town ird of Appeals p. 2 'rom: Julia D•Leo edge' of the driveway, and the other segment extends from the north edge of the driveway to the south edge of a high hedge which runs parallel to the driveway. The two sections of fence which I have jusiispoken of have proven to be fairly effective in hiding from view any cars that have been being parked in the present parking area and would serve . the same purpose if the future Beninatid parking area is entirely to the east of the presently existing fencing. Pursuant to all of the foregoing, I hereby request that either the existing fencing be left where it: is and the entire parking area be east of the fencing or, if the new parking area is to extend a bit further west than it does now, that the existing fence be moved to the western edge of the parking lot, or if the fencing needed to be new for a parking area that would have its western borde4slightly west of where that border is now, that the new fencing be very similar in style and height to the existing segments of fencing. I hope that the Board will give this request the attention that I strongly feel that it deserves, and that if the Beninatis are given permission to use their home as a Bed and Breakfast, and to also have a parking area as shown on the map, that the Board will require the Beninatis to "hide" the cars in their parking lot in the manner explained above. Thank you for considering this request . Very sincerely, Lokt Julia D. Leo :1K7 �� r, !6/@7/28@@ 13:55 7183796988 WORKMEN CIRCLE PAGE 02 7 West 21 St • � .rt. 5B N.Y. , N.Y. 10011 Southold Town Board of Appeals w..��,2��4 Town Hall 53095 Main Road Southold, N.Y. 11971 Dear Chairman: I am submitting this written statement regarding thm request by Lee and Marie Beninati for an Exception which would allow them to use their residence at 3070 Peconic Lane, Peconic, N.Y. (Parcel 1000-74-3-15) for a Bed and Breakfast and to have a parking lot on the north side of the residence. (Although the parking lot isnot mentioned in the notice of the hearing itself, I am assuming that they are requesting permission to set up a parking lot next to the house only because a map showing the dimensions for the parking lot- but not the length of the drive- way- was enclosed with the notice.) I have no objection to the Beninatis using their residence for a Bed and Breakfast. I do, however, have a request which I hope the Board will consider and make part of the Special Exception if the Board chooses to grant their permission for the Beninatis to go ahead with their plans. At this point I would like to let you know that I own the house and land across the street from the Beninatis . The address is 3105 Peconic Lane, Peconic, N.Y. and the Tax Map No. is 473889 74.-4-16. I see the Beninatis' home quite clearly from my home. The plan for the Beninatis' parking lot does slow the dimensions for the parking lot itself, but not for the driveway, and also does not indicate exactly where a certain two lengths of fence are. In any case, at the present time, two shortish but rather , high segments of fencing flank the driveway. One segment of the fence extends from the north side of the house to the south e6/0712000 13:55 7183796988 WORKMEN CIRCLE PAGE e1 To: Southold Town Board of Appeals p. 2 rrom: Julia D.Leo edge' of the drivet.and the other segment extends from the north edge of the driveway to the south edge of a high hedge which runs parallel to the driveway. The two sections of fence which I have jus4spoken of have proven to be fairly effective in hiding from view any cars that have been being parked in the present parking area and would serve the same purpose if the future Beninatid parking area is entirely to the east of the presently existing fencing. Pursuant to all of the foregoing, I hereby request that either the existing fencing be left where itis and the entire parking area be east of the fencing or, if the new parking area is to extend a bit further west than it does now, that the existing fence be moved to the western edge of the parking lot, or if the fencing needed to be new for a parking area that would have its western borde4slightly west of where that border is now, that the new fencing be very similar in style and height to the existing segments of fencing. I hope that the Board will give this request the attention that I strongly feel that it deserves, and that if the Beninatis are given permission to use their home as a Bed and Breakfast and to also have a parking area as shown on the nap, that the Board will require the Beninatis to ',hide" the cars in their parking lot in the manner explained above. Thank you for considering this request. Very sincerely, Julia D. Leo TRANSMITTAL M TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: Maid Z3, ZooO -FA SUBJECT: File Update - 4c.e MaiLie ,yL - t5 ,a iii-pg With reference to the above application, please find attached the following new information added to the official ZBA office file: )1A`rmmi e %W1,-Li £ jr, . dna 2CLoda*) -W--1-11:1A-4-1-1 _<=5:-.. --- � � aarn�ice.,(1f,3. Comments: Number of Pages Attached: cA TrMemo.doc ` / Lee Beninati&Marie inaLi 3070•Peeonic-Lane PO Box 522 Peconic,NY 11958 Fax 631 765 1760 Home Phone 631 765 1799 MAI 22no May 21,2000 Board Of Appeals ,_ Town Of Southhold Attention Mr.Gerard P.Goehringer,Chairman PO Box 1179 Southhold,NY 11971 Re:Application number 4823-Application for Accessory B&B Dear Mr.Chairman, This is to confirm that the property, subdivision request for the property located at 3070 Peconic Lane, map 1000-74-03-15, has been cancelled.We are the new owners of the property, and at this time we do not plan to continue with the subdivision requested by the former owners,Ed and Judy Dart. As such the property size remains at 2.01 acres. Very truly yours, Lee Beninati Marie B inati .4.3P/-17 "a i ivo2.P8 r at®� 4 ‘'N 'N i 'N'N''''N'N,.C 1 I ---I UZIAVW NN0 to 0,0 I k I N , z . ri .N. _ - _ - N N, N\\ T // ''' ,,,N- ' N\-,,,, N N Ntr,,,,,,, -N N 'N ''N I N N. ., NN.) N., , r ('t 0 0 I I .4 1 R I C ALL W-► N tot, ,� T siz£ 32 X 77 T 4?"-k , p . iii' /v Z „ . • 1 1 -- .., . Act t v 45L.I ,: - .... +Pr c ..9 pits r 1 ,, , - -- - - -- N, QG if 5cAz P 64) E FO©T alp 1 is la 2) Li.f U i k LAWS - r :., CKE ' H1' .. S. _ . ..., r—i-AN (...--, ,vmrfrisrolvpr , ED DART AT PECONIC TOWN OF SOUTHOLI SUFFOLK COUNTY, N. , . 1000-74-03-15 SCALE: 1 "=100' AUG. 26. 1999 ,. • d / ,• . . ..--, -• viz?. 2 -5 . . --2. '-, e 14•0_ e\'° cp,,r, •(0' 4, '•., ce Nk. \i., vo. q4. , 4)-1 / 0 08- ;415 0 e % ep 0 --'^ ,o •.' 30' 0 0 p. , ois ....so,. (22, 0 o 4, Ir.i 99. ,, 14_ / JR if ,-3. 0 co• .A °,'1) q.v. 0 at:r '61"0•. -; 0 .1.7p . .. 0 tot j• t4 S + 4 \N. 9. 401— f , , '+‘ -r. ,:,, •*Itirti:,,e.,, ::'' ir ''- 0. i.,...,;.' ''. Fr. %Sr 1 70 \ * / t-. „.4. ,/ • .' 4 f r •-------• ----... • ..0 .04,\ ..1, , .4; 7-7'..----,—r7— -----, . '7 h-;,' r" + kr ..:•'. 12 \\ ,); -f6 s• .• e, .• ' ' \ , ,,OCT 2,91999 <CA# ** , , . • .D o , L-----------J.41e .., , .,, .,.. ., . . . ,. „. . . . . ., . , , . . . , . . , ...., • 1 P EAI,130AItD MEMBERS ," c FFOL,j 00 Southold Town Hall Gerard P. Goehringer, Chairman : 53095 Main Road James Dinizio,Jr. y z P.O. Box 1179 Lydia A.Tortora $ Southold, New York 11971 Lora S. Collins 'f' p!te' ZBA Fax(631)765-9064 George Horning =��1 Jig $.�'� Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 2000 Mr. and Mrs Lee Beninati 3070 Peconic Lane Peconic, NY 11958 Re: Appl. No. 4823 -Application for Accessory B & B Dear Mr. and Mrs. Beninati: This will confirm our telephone conversation today requesting the following information: (a) sketch of a proposed or existing parking area (which may be shown using the enclosed sketch plan prepared for the prior owners), or other available survey; please show parking spaces (8 x 18' or larger) which include two for the existing residents plus one additional parking space for each bedroom proposed for B & B occupancy; also on-site turning area (no backing out onto the street); (b) please confirm the status of the subdivision, which we understand has been canceled since the transfer of ownership, and therefore the property size will remain of 2.01 acres Thank you. Very truly yours, ZBA Office Enclosure 44-162-1) arc- • c.,A.-e-.z..te /U tor- 14. /4 ,0° N.1, UFFO(,�60 ELIZABETH A.NEVILLE t 1° G1' Town Hall, 53095 Main Road TOWN CLERK C - P.O. Box 1179 ti Southold, New York 11971 REGISTRAR,OF VITAL STATISTICS �� MARRIAGE OFFICER ,L / Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER 4,, Fax jog �a��1��, Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER Jo' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 25, 2000 RE: Zoning Appeal No. 4823 Transmitted herewith is Zoning Appeals No. 4823 —Lee & Marie Beninati- Zoning Board of Appeals application for special exception. Also included is application for special exception, ZBA questionnaire, an application for accessory bed &breakfast, Questionnaire for accessory apartment of bed&breakfast, a copy of the property card, floor plan, and a copy of the deed. R Gym Town Hall,53095 Main Road i N 1 Fax(516)765-1823 P. 0. Box 1179 �� Telephone (516)765-1802 Southold, New York 119714,#••� - .4o 4 *-,..I, OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD APPLICATION FOR ACCESSORY BED AND BREAKFAST Please attach the following items when submitting this application: 1. Floor plan showing the location and number of guest rooms, smoke detectors, sizes of exits and egress - windows and doors; 2. Application fee. ($100.00 initial fee, $50.00 annual renewal). Note: A permit for a Bed and Breakfast will be issued only after owner has obtained and complied with a Special Exception for a Bed and Breakfast from the Zoning Board of Appeals, and after the Building Inspector has inspected the property and has found same to be in compliance. Note: A Building Permit and Certificate of Occupancy shall be required for any structural alterations. STATE OF NEW YORK) COUNTY OF SUFFOLK) I, LEE l' nil NAT 1 , owner of property identified as Suffolk County Tax Map #1000- 74 - 3-1S- , a/k/a House # 3070 , located in n1 E ar c.. , Town of Southold, County of Suffolk, State of Ne. York, hereby agree to abide by the conditions and requirements of the Zo P. . 1 Code of the Town of Southold and all other applicable laws, rules and re:: :lions pertaining to Bed and Breakfast facilities, and hereby give conse. for the Building Inspector of the Town of Southold to inspect the buil.' . : and premises. 101 Please contact Le C"-- E141..3�i at (5 ) 765 - 1119 to make Q an arrangements for on-site inspections. ( y" Sworn before e this / . 7 y of � � , -�of HELENE D.H011i fner's Signature CV-t) .(-41 Notary Public,State of New York �, No.4951364 Qualified in Suffolk Coun Notary Public Commission Expires May 22,-‘2,0O/ For Office Use Only: B & B Permit Application #BB- ZBA Reference # SCTM #1000- - Zone District: ( ) Inspection Fee $100.00 Nonrefundable ( }Annual Renewal Fee $50.00 ( ) Approved Building Permit # C.O. # BB Permit Issued: Buildino Inspector Expiration Date: • • APPEALS BOARD MEMBERS .�,,� $t1EF0(,�co • O Gy Southold Town Hall Gerard P. Goehringer.Chairman c .A 53095 Main Road Serge Doyen.Jr. ; � P.O. Box 1179 ' • _ ; ` G 41$ Southold,New York 11971 James Dinizio,Jr. =.y'j1p Robert A. Villa00-•'° Fax(516)765-1823 Lydia A.Tortora -ljic .;', Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD QUESTIONNAIRE Accessory Apartment or Bed and Breakfast with Owner-Occupancy Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: LgE � M Airoe DcoiNA-r t • Name of the Applicant(s) and his/her Residence: Lee A MA2ie • 3°7o MCAD iLL Lair NJ , 'EC-4°^1tc_ , IQ • It Names of Current_ Residents/Occupants of the Subject Premises: Lee o KPr i �EN1 NiVT I • Current Occupants are: (please check one or more boxes) ( ) Tenants with Written Lease ( ) Tenants without Written Lease (X) Current Owner {. } Contract Vendees . { } Proposed Occupants/Residents under the Subject Application • ( ) Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners, are. not contract vendees, are not proposed Occupants/Residents under the Subject Application, and/or have a different residence. Is the subject premises listed on the real estate market for sale or - *lig shown to prospective buyers? ( } Yes Authorized Signature and %ate NY005-Bargain and Sale Dq h Covenant against Grantors Acts Individual or Corp I(Single Sheet)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 21st day of March , in the year 2000 BETWEEN EDWARD D. DART and JUDY L. DART , his wife , both residing at Indian Neck Lane , Peconic , NY 11958 party of the first part,and • LEE I . BENINATI and MARIE BENINATI , his wife , both residing at 1050 West Park Avenue , Long Beach, NY 11561 • 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, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on.the northeast side of Peconic Lane distant 212.40 feet southeasterly from the corner formed by the intersection of the southeasterly side of Middle Road with the northeast side of Peconic Lane, said point also being where the southeasterly line of land now or formerly of Waller intersects the said northeast side of Peconic Lane; Tax Map RUINING THENCE along said last mentioned land North 43 deg. 06 min. 40 sec. East 236.99 feet to the easterly corner thereof; Designation THENCE still along said land now or formerly of Waxier, North 43 deg. 59 min. 10 sec. West, 101.68.feet to the easterly Dist. • corner of land now or formerly of Pupecki; 1000 THENCE along the northeasterly line of said last mentioned land North 43 deg. 26 min. 30 sec. West, 101.35 feet to the southeast side of Middle Road; Sec. THENCE North 45 deg. 36 min. East along the southeast side of Middle Road, 155.20 feet to the southwesterly line of land now 074 .00 or formerly of Wolosik; THENCE along the said last mentioned land.South 43 deg. 40 min. East, 197.93 feet to the southerly corner of said land of Bek Wolosik; 03.00 THENCE along the southeasterly land of said mentioned.land North 43 deg. 54 min..East, 78.85 feet to land now or formerly of Lang; Lot(s) THENCE along the southwesterly lines of said last mentioned land and land now or formerly of Hairston South 40 deg. 01 min. 015.000 East, 120.73 feet to land now or formerly of Adipietro; THENCE along the northwesterly line of said last mentioned land South 43 deg. 29 min. West, 466.25 feet to the northeast side of Peconic Lane; THENCE North 41 deg. 15 min. 30 sec. West along the northeast side of Peconic Lane, 120.00 feet to the point or place of BEGINNING. SJBJEC?TO all instruments of record. BEING AND INTENDED TO BE the same premises conveyed to Grantor by deed dated 12/27/76 and recorded 1/5/77 in Liber 8170 Page 324. TOGETHER with all right, title and interest, if any,of the party of the first part of, 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 incumbered 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"wttenever the sense of this indenture so requires. .fix EMU 2oh yr— .. ,:. 'IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. .. qsc IN PRESENCE OF: 4,7 4(1� AL4/I 1. //11 EDWA ' . I • UDY L. RT • . . .. _ v..• v.,.:�1.411ruia.wU4urrr4 tUicnl nr.Luw ws+tlnW IMW tette J4djC UNLE; State of New York,Countj of S u f - 1 k }ss.: State of New Y County of 5 v ' On the,/, day of March in the year 2000 On the la day of t cc -. \ in the year ›..54 before me,the undersigned,personally appeared before me,the undersigned,personally appeared JUDY L. DART , COvac V . ppc{yT personalty known to me or roved to me on the basis of Ratisfactory 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 evidence to be the individual(s)whose names)is(are)subscribed to the within instrument and aclno*ledged to me that he/she/they executed 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 same in his/her/their capacity(ies),and that by his/her/their signatures)on the instrument,the individual(s),or the person upon behalf of which the the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. / individual(s) executed the' ; ent. rARBARASTEPNOWSKI /Rag(• l %r. PAUL SANTOLI Public,State of NOW Yc:cry Notary Pub 7 NotaryPublic, State of New York No.01ST4844752 Qualified in Suffolk Cour No: 4837056 WatnlssionEl�Yet8ep.30, Qualified in Nassau County Commission Expires July 31, 2z1c?1 AcawotLED© EAT FORM FOR USE WhtmV NEW YORK STAIEONLY: ACRAUIVIEDGWEST FORMMRUSSZOUI37DENEWYORKSEIMEOAZY. (New York Subscribing Witness Acknowledgment Certificate) (Out of State or Foreign General Acknowledgment Certificate) State of New York,County of }ss.: }ss.: • (Complete Venue with State.Country.Province or Municipality) ' On the day of in the year . before me,the undersigned,personally appeared On the day of in the year 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 personally known to me or proved to me on the basis of satisfactory say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they (fthe place of residence is in a city,include the street and street number,if executed the same in his/her/their capacity(ies),that by his/her/their any,thereof); that he/she/they knows) signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and to be the individual described in and who executed the foregoing that such individual made such appearance before the undersigned instrument; that said subscribing witness was present and saw said in the execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS TITLE No. AL. DiSTRIcr SECTION EDWARD D. DART & JUDY L. DART BLOCK LOT - TO COUNTY OR TowN LEE I. BENINATI & MARIE BENINATI RECORDED AT REQUEST OF Fidelity National Title Insurance Company of New York RETURN BY MAIL TO FIDELITY NATIONAL TITLE INSURANCE Kevin P. Fit z p a t r i c k , Esq . \ COMPANY OF NEW YORK 12.11 INCORPORATED 1928 245 Hi11side Avenue • c , Fideltty.! �� Williston Park , NY 11596 Member New York State Land 77tie Association • • I W U LL u. O C7 Z cc O U W CC LI- 0 O W U) CC 0 LL W • U U) Ul S I— W cc W Ul W cc • . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a •financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) LEE M art►E --Re MI NI(-r► 0 W r4 EYLS B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( ) Yes {x} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes <} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland area shown on the map submitted with this application? PA 3. Is the property bulkheaded between the wetlands area and the upland building area? 4/R 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Phot E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? go If none exist, please state "none." G. Do you have any construe ion taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Oo If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ?Es►cAzn)c.6 and proposed us !ZFs(c)E c,E R N� � D t3ltx A th rize?Signa ure and '.ate i 3/87, 10/901k f ` ' APPLICANT TRANSACTIONAL DISCLOSURE PORN • The Town of SoUthold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and 'em•lo ees. The purpose of this form is to provide informaition , alert the town Of •ossbi le conflicts of intere.4rS • ',J IE it to take whatever action is necessar to; Ur I MAY f/M/1/(A1flI0w1 �Y 1 f 2 w0 11 YOUR NArti;: /.�C,NiN�r�r_ EG—� /�j�iV N�.�-� � (Last name, first -flame, middle 'int " ' - - you are applying in the name of so , -one else or other entity, such as a company:. the other person ' s; or company ' s! name . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other ( If "Other, " name the activity . ) Do you personally (or through your company,, epouae, 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. "flusinese interest" means a businenn, ' 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 N/ If you answered "YES, ". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse , sibling, parent, or child is (check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) ; B) the legal or beneficial owner of any interest in a noncorporate 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 REGATIONSIIIP S., ', Submitted this ;deday ofr4A •T•_ Signature Print name L6 Zf5iPAAVATi Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/25/00 Receipt#: 113 Transaction(s): Subtotal 1 Application Fees $250.00 Check#: 0113 Total Paid: $250.00 Name: Mdb, Culinario Inc 15 Buckram Road Locust Valley, NY 11560 Clerk ID: LYNDAB Internal ID:9479 42//&710 469 77 FOR BOARD AND STAFF USE #52Wsz- efe Updated New Information ajw, elp-ota-dojz,11- ,akiefroi - • A' :Or fl _e DA - .01 /4 = 1 AL,'1 ard7 altate zip?.441 -57/er/O ()1/2-- 7Z149 niJ-160ao*ooletY__42, 14144,0 - ( yalLeF 4/s7DTs," calf fin%)uS1 iadebttr—voymilAci/0-67 ko Aryli-A6ez.s.A.L.T. A ,044,:egt) et-L. Ad, evi_e a, 06,-6) cewd ei,ti 4-0 tr--ge-,) JA-eurilZZ 4.6) S4,1, • etk, 71,.ft J , APPEALS BOARD MEMBERS �,,���SVEFO(kcoGy�; Southold Town Hall � � 53095 Main Road Gerard P. Goehringer,Chairman ; < P.O. Box 1179 James Dinizio,Jr. y Southold,New York 11971 Lydia A.Tortora `O �� ZBA Fax(516).765-9064 Lora S. Collins ;'f'�j O� e' George Homing Ol 4 $,,t� Telephone(516)765-1809 ... „.0 BOARD OF APPEALS TOWN OF SOUTHOLD • FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 19, 1998 APPL. NO. 4622— EDWARD AND JUDY DART 1000-74-3-15 STREET& LOCALITY: C.R. 48 and E/s Peconic Lane, Peconic. DATE OF PUBLIC HEARING: October 15, 1998 and November 19, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The property as exists consists of 2.012 acres with 155.20 ft. frontage along the south side of C.R. 48 and 120 feet along the easterly side of Peconic Lane, Peconic. The November 24, 1976 shows an existing 2-1/2 story frame house located 59+- feet from the front property line along Peconic Lane. The property is located in the R-40 Low-Density Residential Zone District. BASIS OF APPEAL: Building Inspector's September 1, 1998 Notice of Disapproval of application to subdivide the property. The reason for disapproval is that the proposed subdivision would create a nonconforming lot of approximately 28,438 sq. ft. in the R-40 Residential Zone District where a minimum of 40,000 sq. ft. is required. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of a variance, in this diviision of property into Parcel A of 28,438 sq. ft. fronting Peconic Lane, and Parcel B of 58,221 sq. ft. maintaining the same 155.20 ft. road frontage along C.R. 48. The existing single-family dwelling would be situated on proposed Parcel "A" with an 85+- ft. rear yard setback. A proposed building area (envelope) is not shown on proposed Parcel "B"at this time. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board made the following findings: 1. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the character and appearance of the improved lot fronting Peconic Lane will not change, and a conforming lot, larger than most in the area, will be created fronting on C.R. 48. /9/o/z Page 2—Appi. No. 4622 • Re: 1000-74-3-15 (Dart) • • ZBA November 19, 1998 ____rmination • 2. The requested variance is not substantial because the improved lot will bei"' approximately the same size as surrounding lots and the unimproved lot will substantially larger. 3. There are no factors present to indicate that the requested area variance will have any adverse impact on physical or environmental conditions. 4. The requested variance is the minimum necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: ' On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, SUBJECT TO THE CONDITION that Parcel "B" (the unimproved larger parcel) shall be subject to a covenant, to be filed with the Suffolk County aerk, that will prohibit further subdivision. Grant of this Variance for Parcel "B"is in consideration of and conditioned upon the imposition of such covenant. (A copy of the filed Covenant(s) shall be furnished for the permanent records of the Board of Appeals.) VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS-- (MEMBER Horning was absent at this time.) This Resolution was duly ADOPTED (4-0). /7 • r /Ir_ GERARD P. GOEHRI GER, CHAIR fA 11/21/98 Approved for Filing ***************************** 1000-74-3-15 (Dart) 3 , ZONING BOARD OF APPEALS , • TOWN OF SOUTHOLD.NEW YORK ` x In the Matter of the Application of • ° , , • ' , ' AFFIDAVIT ,ems- f Hi44ic �v/NfT% OF (Name of Applicants) MAILINGS CTM Parcel #1000- 7V/ - 3 - --- -x x COUNTY OF SUFFOLK) , STATE OF NEW YORK) . • ' I, Ccs NDN AT` residing at 3 d 70 �N�� , ,.A-• 2c-e4D,v, , New York, being duly sworn, depose,and say that: On the a 6 day of MA)/ , 2000, I personally mailed at the United States Post Office in �.7--e-40.c11C.._ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal , Notice in prepaid envelopes addressed to current owners shown 9n the current assessment roll verified from the official records on file with the (Vj or • . ( ) County Real Property Office . z , • for every property which abuts and is across a public or private street, or vehicular right-of- ' way of record, surroundingy•plicant' property. �; (Signature) ..- Sworn to be1�onre me this a (01-1-‘ , ,�y of f " ' , 2000. , , - n� LYNDA M.BOHN ` 116e9,1•_____ y r \ NOTARY PUBLIC,State New Yolk No.Ot 806026020933 2 (Notary Public) Qualified in Suffolk County_, Term expires March 8,20 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank' you. Abitoi -T-R.A0) /?4 -itic.ic 1 d7 / ( /7 & ., i, €.. ',TY. //9,S2r .5Dire.11 evitha-ele- k-c..0,4),c, .14/ f,'c-r .4', , Doit4tpti if .Thiq,J AellAt5re 6 tqfk0<f /- e 0 11).1 3 6 4 ,C-c.4,tmb - • . ,.. ., nxiefouer ii-641e,6$,' q1 • r., .3o / ex). sf 57— v 447' AT ,004,e ., ,. ... c Lea,k 0 f ft.444 ,0/15 Aleir--3 , , crittf/A.. lim.msra,e) / ieo....5, c..... st,eit.4 d, 6get-6606e.. • 3..7 4'4 0 a4 Care- V ir /V viiati V ACItlYi ,C;teXi GC. itta tvs14 la s!n+ Ourlur-T MIMI .g..e0g1F2(&.;r3 to.oM Affnuo ) •;)!,)',J2 ni bni;rtlr,) Leo .71 e 444 iorti,rUS ,8 rioirfA f2,-_:liciy- ri-,.ri• i Aar-56 z--"' 337 bd. /5-7--- r>/ /241 (- 4-Ai 14d,ii jUerraifiti .-- II/6 dod‘ 4444) ,-- --- 5.---ra/tf/A/G--Mt) e-V----- 46 3 78 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT /et'' c` AMR iN4-r' OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 14 - 3 - i s COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 46-W (ScivimATI residing at 3o70 R--r-ox'ie LA ?c.--e. , New York, being duly sworn, depose and say that: On the a q day of MIA/ , 2000, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remains in place • seven days prior to the date of the subject hearing date, whi ' hi:rin a dat, s shown to be p (Sig ature) Sworn to before me this firi• �r-\day of Y u Y\--e--; 2000 . (� LUBLI , BOHN �"�— NOTARY PUBLIC,State of New York Notary No.01606020932 lk Count Public) Term Expires Marlified in ch 8,20 U' 1 *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,JUNE 8, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 8, 2000 at the time noted below (or as soon thereafter is possible): 6:40 p.m. Appl. No. 4823 - LEE AND MARIE BENINATI. This is a request for a Special Exception under Article III, Section 100-31B(14) for renting of rooms in the owner-occupied dwelling for lodging and serving of breakfast to casual and transient roomers. The proposed Bed and Breakfast is an accessory use incidental and subordinate to the principal use by the owner-residents of the dwelling. Location of Property: 3070 Peconic Lane, Peconic, NY; Parcel 1000-74-3-15. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 19, 2000. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 LEE AND MARIE BENINATI 1000 - 74 - 3 - 15 ACCESSORY B & B SPECIAL EXCEPTION JUNE 8TH - 6 : 40PM OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (ph) Fax 765-1823 or 765-9064 May 19, 2000 Re: Chapter 58 - Public Notice Requirement June 8, 2000 Dear Applicant: Please find enclosed a copy of the Legal Notice describing your application. This Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal Notice of your application and hearing date must now be mailed with a map or property sketch showing the request showing the new location of the area being considered. On or before Friday, May 26tn, please send the enclosed Notice Certified Mail, Return Receipt Requested, as soon as possible, with a copy of the project map showing the setbacks or request being considered, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses listed on the current assessment records in the Town Assessors' Office (765-1937) or Suffolk County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please complete your Affidavit of Mailing (copy enclosed) with parcel numbers for each lot, and return it to us with the white receipts postmarked by the post office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. A sign is also necessary for posting at the property by you not later than Wednesday, 5/31/00, and therefore must be picked up by you or your representative some time between now and May 31st between 8 and 4 p.m. The sign must be located on the property no 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 enclosed for that front yard.) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for our permanent file. When convenience, please also return the sign to us. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures