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HomeMy WebLinkAbout4473 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. r~aY~liraeAellT~}'t.° r~) s t e v m a n n BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 7, 1997 Appl. No. 4473: SYLVIA M. DALEY PARCEL ID: 1000-31-3-17 STREET & LOCALITY: 8985 Main Road, East Marion DATE OF PUBLIC tIEARING: May 7, 1997 REQUEST MADE BY APPLICANT: This is a request under Article III, Section 100-30A.2B and 100-31B(14a-d), Zoning Code as amended 2-7-95 by Local Law #3-1995 which provides for an allowance of not more than three bedrooms for rental as an Accessory Bed and Breakfast, subordinate and incidental to the residence of the applicant in a principal single-family dwelling, for lodging and serving of breakfast to not more than six (6) casual, transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section 100-31B(14). FINDINGS (PROPERTY DESCRIPTION): DESCRIPTION: This property is situate along the north (n/w) side of Main Road, East Marion, Town of Southold with 110.27 ft. road frontage and a lot depth of 293.06 along the easterly side property line. This lot contains a total lot area of .749 of an acre and is improved with a single-family dwelling, as more particularly shown on survey dated June 16, 1994 prepared by Roderick VanTuyl, P.C. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in wbicb is is located, adjacent use districts, and nearby and adjacent residential uses. 2) The prevent the use Special Exception nsc is an accessory use and will not the orderly and reasonable use of adjacent properties and 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. Page 2 - May 7, 1997 Appl. #4473 - Sylvia Daley B&B Southold Town Board of Appeals 5) this use is listed as an authorized accessory use subject to a Special Exception review and approval by the Board of Appeals; 6) no other adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code, which are noted as follows: Section 100-263: A. This use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts because it is accessory to the owner's residence and operated by the owner. B. This use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C. The safety, the health, the welfare, the comfort, the convenience or the order of the town would not be adversely affected by the proposed use and its locations. D. This use would be in harmony with and promote the general pnrposes and intent of this chapter. E. This use would be similarly compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. The use of this building, as proposed, is to continuously be accessible not only for parking of guests but also for fire and police vehicles. Section 100-264: In making this deter~nination, additional consideration has been given to the following: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permitted use is not affected by this use. B. The conservation of property values and the encouragement of the most appropriate uses of land is not affected by this use. Page 3 - May 7, 1997 Appl. #4473 - Sylvia Daley B&B Southold Town Board of Appeals C. There will be no adverse effect to traffic or unsafe conditions in the location of the proposed accessory use and its location when the owner complies with the conditions under which this permit is issued. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage or refuse related to this use. E. The use will not cause, or give off, obnoxious gases, odors, smoke or soot. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation in pursuance of the use will not interfere with any public or parking, or of recreational facilities. H. The necessity for (on-site) off-street parking of vehicles incidental to tile use and three spaces are reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used on this lot where the use will be located. I. There will be no hazard to life, limb or property because of fire, flood, erosion or panic created by reason of or as a result of the use proposed, and there will be accessibility of the property or structures thereon for the convenient entry and operatiou of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. The use or the structures to be used therefore will cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation. L. The use to be operated is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. Tl~e site of the proposed use is particularly suitable for such residential accessory use. Page 4 - May 7, 1997 Appl. #4473 - Sylvia Daley B&B Southold Town Board of Appeals N. Adjacent properties and land uses will not be affected by any possible detrimental impacts of the proposed use. O. Adequate provision has been made for the collection and disposal of stormwater runoff, sewage, refuse and other waste which the proposed use would generate. P. The natural characteristics of the site are such that tile proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. BOARD ACTION/RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, and with the FOLLOWING CONDITIONS: 1) parking spaces shall be perpendicular to the Main Road. 2) no backing out of vehicles onto Main Road whatsoever. 3) three outside parking spaces are required on-site upon the applicant's property, as shown on the sketch submitted by applicant to the board. 4) compliance at all times with the zoning code, and other laws and regulations applicable to this accessory use. (Note: Applicant is to return to the Building Department for final approval for accessory bed and breakfast occupancy.) VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Lydia A. Tortora, Maureen Ostermann, and Gerard P. Goehringer. This resolution was unanimously adopted 5-0. Actions. 97131-3.17 ~nA-lk RECEIVED AND FILED BY THE SO~JTH©LD TOWN CLERK Town Clerk, Town of Southold ~(~RARD P. GOEHKINGE ; CHAII(~N Resolution Adopted May 7, 1997 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer. Chairman Gya? 53095 Main Road Serge Doyen' o P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. nz, Rgy{ 1 °y Fax(516)765-1823 Lydia A. Tortora~01 Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 - Main Road, Southold, New York 11971, on WEDNESDAY~MAY 7, 1-9-97 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4472 - RICHARD BOARDMAN. This is a variance application based upon three Actions of Disapproval: (a) dated March 12, 1997 to construct an alteration and additions which Disapproval states "...Under Article XXIV, Section 100-244B proposed construction will have insufficient side yard setback minimum is 10 ft. and a combination of 25 ft. total side yard setbacks are required. "Note: any further expansion of dwelling or accessory footprints may exceed 205 maximum lot coverage; and (b) Amendment dated March 31, 1997 to construct an alteration, addition and accessory garage which states "...Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20%. New construction will exceed lot coverage by 223 sq. ft. relating to approximately 22.250 lot coverage; and (c) Amendment/ Supplemental Notice of Disapproval dated April 14, 1997 to construct an alteration, addition and accessory garage which Page 2 - Legal Noti# • Southold Town Board of Appeals Regular Meeting of May 7, 1997 states: "...Under Article IIIA, 100-30A.3 of the Bulk and Parking Schedule, proposed deck addition will exceed maximum lot coverage of 20% based on cover letter explaining reduction of amount of lot coverage by 102 sf. from 223 to 121 sf. because of removal of back porch 6' x 17'....11 Location of Property: 690 Village Lane, Orient; Parcel ID 1000-25-1-13. This parcel consists of a size of 9625+- sf.; R-40 Zone. 6:50 p.m. Appl. No. 4471 - LAWRENCE and LINDA WARREN. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct a fence 6 ft. in height in the front yard, and the application was disapproved on the following grounds: "...When located in front yard of residential zones, a fence shall not exceed four feet in height. Article XXIII, 100-231...." Location of Property: 24380 Main Road, Cutchogue, NY; Parcel ID 1000-109-3-2.41 (Country Club Estates). 6:55 p.m. Appl. No. 4470 - WILBUR OSLER. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct additions to existing dwelling, and the application was disapproved on the following grounds: "...Under Article XXIV, Section 100-244B proposed construction will not have sufficient side yard setback. Fifteen-ft. side yard setback is required. *Note: existing deck addition adjacent to proposed dwelling addition does not have any building permit or C.O. on record. Building Dept. will issue order to remedy...." Location of Property: 8070 Peconic Bay Boulevard, Laurel; Parcel ID Page 3 - Legal Noti4 • Southold Town Board of Appeals Regular Meeting of May 7, 1997 1000-126-11-17. This parcel consists of approximately 32,000+- sq. ft. with 99.58 ft. road frontage. Zone: R-40 Resident\i{al. 7:05 p.m. Appl. No. 4473 SYLVIA M. :AL EY.This is a request by the owner to establish Accessory reakfast Use in conjunction with her residence, as authorized by Special Exception for the rental of three rooms for temporary, transient lodging with breakfast, limited to a maximum of six (6) casual and transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section 100-31B(14). Location of Property: 8985 Main Road, East Marion, NY; Parcel ID 1000-31-3-17. 7:10 p.m. Appl. No. 4474 - SUZANNE CAMERON SCHUTZ. This is a variance request based upon the March 14, 1997 Action of Disapproval by the Building Inspector, whereby an application for a permit was made to construct an inground swimming pool, and disapproved on the following grounds: "...The proposed pool is in the side yard. In an R-120 Zone, Accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, 100-33, or in the case of a waterfront parcel, accessory buildings or structures may be located in the front yard provided that such buildings and structures meet the front yard setback requirements as set forth by this code, Article 100-33C. In this case 60 ft... this lot is approximately 101,930 sq. ft...." Location of Property: Middle Farms, Fishers Island, NY; Parcel ID 1000-8-1-2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time Page 4 - Legal Notio Southold Town Board of Appeals Regular Meeting of May 7, 1997 designated. Each file is available for reviews during regular business hours, and written comments may be submitted before that hearing is closed. If you have questions, please do not hesitate to call 765-1809. Dated: April 22, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x TOWN OOUTHOLD, NEW YORK ;p 5,.0 4 =,4 RECEIM e` APPLICATION FOR SPECIAL EXCEPTION APR11997 ' Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (,~j{ o gy/ South Town Cie* I (We),~ ~I of 7 est ence, House No. and Street am a l:aEe; Zip-i.ode,-TTep one umbe t` hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXC PTION in accordance with the ZONING ORDINANCE, ARTICLE ~ SECTION 3I, , SUBSECTION B((( for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): / ? j A. Statement of Ownership and Interest. 1 1 is(are) the owner(s) of propar y known and referred to as/ ALJ t) (HOSE NO., street, am e / identified on the Suffolk County Tax Maps as District 000, Section Block , Lot(s) which is not (is) on a subdivision Map (Filed , "Map of " Filed Mapes and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision), p, The above-described property was acquired by the owner on ) / B. The applicant alleges that the approval of this exception would a 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: C. The property which is the subject of this application is zoned L~ ' and [ ] i.5 consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.. tiv-1~8.~ V14 ~ re Sworn to be4o -ma yh'I~ />-yday of/ 'l% 19 Gj (Not ars~ I S, ( I d N.. v b : ~un2v ~ ~ ZB2 (rev. 2/6/86) Cc;nnunsmr .u f,: *L~ TOWN OOUTHOLD, NEW YORK . ' APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), by of !.'9 ( ~~~1 (Residence, House No. and Street am a e, Zip Cod, Te ep one um erg hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE X77, SECTION icc / SUBSECTION 1,2(ly ) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): A. Statement of Ownership and Interest. 1 - ly~- re) a owner's) of props ty known an re erred to as v fit/ ! 0/l)l/V y. olo., treet, Hamlet) identified the Suffolk County Tax Maps as District 1000, Section Block , Lot(s) which is not (is) on a subdivision Map (Filed "Map of Filed Map-?. 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 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: C. The property which is the subject of this application is zoned - 41-0_ij and [ ] i.s consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.. _ 1 e- j t f- r %T u e 9 Sworn to befo r,~~ is of \ l ~o~,tary 4 to /Noier 7 1~ C~ie n:,0v Y No) 1G S t= at New Y rk ZB2 (rev. 2/6/86 No_31 - !•;;;ia6 Cemmiesion E'xa.rss TO1kN OF SOUTHOLD *IPERTY RECORD CARD OWNER STREET - - VILLAGE DIST. SUB. LOT "A60 AI GtrZ°l 1~/`(1 1 _Ile ESC. FORMER OW~FR N E ahe d! --F,A,t WRA, ACR.7~_o W TYPE OF BUILDING - - ES. SEAS. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r i )A P f - - - i; r ' c,, v _ 9 f0 0+~ l f!~ p too v/l a.n,l Ii7!'.~~ G f(>:1%? ZI/_ } 7&a Sao c-j 2~%~' S~~ -tt ' 3 1~hc~ ~ ~ ~ ~ - D ~.:w~ ham- / ~o ri 61 ' fro C,)C (iZ.Or7-~~f -7 (O C) ~O (p oIJ~o -Ty~S l NPel, ~,iA ~iy 5'~F•~~ Id ~.r; 673 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE -i FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland - FRONTAGE ON ROAD Q) 0 J 9 Meadowland - DEPTH ~ I ' J House Plot BULKHEAD Total I - DOCK ' i 'R COLOR G? H / TRIM -zo 77, M. Bldg. _ L~-LA1 L-1 Extension z - Extension X V - - - -31 --44 FF Extension 3,Su _ Foundation t\, Both Dinette Porch G- x / t / Z .j , L Basement T' f Floors t•' K. - Porch G V 0 Ext. Walls i ti Interior Finish LR. -Breeze - -..9 _ l y r^ Fire Place Heat yt ' IDR. LL'~ dJ9 G-d 2 _ darage S Type Roof Rooms Ist Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B i O. B. Ij S f~ e -,o / e. Dormer e - Driveway Total /c~ yy 1rsanio - 2 z I 5 0 ~ I cry y i '\1 Marion e pi3t. if y. Aremkows,ti! N.7 9' ' B". - /06.?Z V rwwy,p?rr.~~.u~r. b ~ •Nt wrgY.N21Awd h bar / Nuiap 7mldMUawt`tir . tr /RI/( W kWan lat p Capkaderwrwrmoodb ft MYeewwaywlMaOra w V - ..eawew~M'1.nw«nu~.n re..wawn2w2 ` oa.MawYawY~2uwn~rarr, aaybb piwn61dbm tlwaurvq 4.: kpmpanJ. an0aplw 6dmCtoE!a . We c'cmpary. pwemme" agmy w O , Y.aqwNmwUW&d heM&. ma ^i to pw mipx-s c(Lw 4nJinp Nsa. IWIOM1 riY:.. W L:C:. diB Ibb ~fd119I&Bbl. • ~ bWJiiawl'v,uawwns arsua,pwnl V w.r. 2 Q ~ I N Z " o feNC°~ - - ° MAP Jr" PI20/-'E2TY N S i .502VFYE0 role s I I Doled} jr, 45 pompr~ O LJ AT EAST MARION, N. Y. t a~ _ ky i ~ ~a = a VI Scale : 40'- I" j ~ ~ 3to rs ~ ¢ Aneai=c7.?49 Ac. v fe.h p~,rhyl I v 1. o • =Pipe. 6 4 Yyfr_Ik Tax til1uX; 0e_n "1x inrf: s de ` Dint. COO, .O !i: Btw. . F:::i t?. • t , L>l:~/E esdvlr:~c ~'rK_ Q~ H.'/,J4~t/ ~ y p~/ ~ ~ ~ • ~idcliry No;-:.xr,~l r'rtlF !n5ur. 44 t` t b i 05 sen veyer' Jivers 1S, 1994. OboeotcA,~ VA" MY/-, o0 N ~ JZ Licensed Lane! Surveyors e (70 P4~ J 6leen~frort, N, Y. 2~V 0 (J} Wy' OV BOAND Off'./ _PPY.41S SOutlloflfro7v72 _Mall 53495 ?WaM Road Sautlaf4__ Vy »97/ ~r s~6~76s 18og z~rA tef 765.9064 fax. e+yes.sss~+rssxsrxe~eseae~.~s:r~.~sesxsser.r,~r.rer.s.s~s.ses~~-era+e~+r MEMORANDUM TO: Greg Yakaboski, Town Attorney FROM: Jerry Goehringer, ZBA Chairman DATE: April 20, 1998 SUBJECT: Four-Bedroom B & B Transient Use in HB Zone (Presently in Code as Tourist Home) Mrs. Sylvia Daley owns HB Zoned property in East Marion, and has been asking Town Department(s) for the procedure which would in effect re-define or allow a four-bedroom Transient Use in the HB Zone from Tourist Home to another category (similar to Transient Home Use or B & B). She indicates that during September 1997, the State Fire-Building Code allows four-bedroom transient use under dwelling occupancy without structural changes to the building. Mrs. Daley says that she understands that the HB Zoning provides for "tourist homes or boardinghouses" - but this "definition" requires structural changes, she says, different than that required for a four-bedroom transient use (according to her conversations with the Building Dept.). Since this cannot be accomplished by a use variance as indicated in the Building Department's letter to Mrs. Daley (copy attached), we do not feel it is a matter for the ZBA because re-defining use categories in the code must be adopted by the Town Board (if it desires to do so). Copies of communications are attached for informational purposes together with Mrs. Daley's telephone number and address. Thank you. Attachments A'PPCA,LS BOARD MEMBERS gOFFO(~ • ~0 CD Southold Town Hall Gerard P. Goehringer, Chairman h~0 Gy~~ 53095 Main Road Serge Doyen o 'd P.O. Box 1 179 COD James Dinizio, Jr. ~ Southold, New York 11971 1QRYfto Fax (516) 765-1823 Lydia A. Tortora '~0( Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD lCc13tB May 19, 1997 Board Members agreed to the now parking plan submitted by Sylvia Daley, which new plan was discussed prior to the start of the ZBA session. ~{q7~ MAY 13 '97 17:14 FR ############tS#### 1216975325 TO 15167651823 P.01 o C1\ MAY 4 19W May 13, 1997 C Zoning Board of Appeals Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 A : Linda Kowa] cki_ Bo rd ecre = Re: Bed & Breakfast Application 8985 Main Road, Past Marion - -Zoned H.B. Coun Tax Map#1000 Section 31 Block 3 Lot 17 Dear Linda: Thank you for your assistance and kind cooperation in the filing of my application for abed and breakfast license. I also wish to convey my appreciation of the Board's favorable decision pending my widening of the driveway to provide additional space for parking to avoid cars backing out into Main Road. On a copy of my property survey, I submitted a sketch where I would be widening the driveway. I would like to change the location from the center to the western side of the driveway near to the hedge and fence. (Please see new area sketched on attached copy of property survey.) It is a better solution and it would allow for a larger parking area which would enable the cars to exit easier with more space, eliminating the possibility of can backing out into the road. I will be at the next meeting of the Board on Monday, May 19, 1997 at 6:30 pm as you suggested. Again, thanks for the appointment. Sincerely, Attachment: Copy of Property Survey with car parking indicated Sylvia M. Daley S e COUNTY OF SUFFOLK RoeERr J. GAFFIJEY _ SUFFOLK COUNTY EXECUMVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR Or PLANNING May 15, 1997 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) Sacks (Gary) & Schlesinger (A.) 4410 LILCO 4429SE LILCO 4430 Osler, Wilbur 4470 Boardman, Richard 4472 ~aley, Sylvia M. 4473 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C%WPWINMQ DOCSIZONING\WORKINGLLDSWAYkSD"10 . MAY ?20 RABRO DRIVE • ?.O. BOX 6100 ¦ HAURP4' Cam, .ONG (SLANG. ~Y . 7B6uG95 ¦ ,,o; b53-5190 ¦ PAX 3166; d5i-c0»» APPEALS BOARD MEMBERS •o~gUFf0(~cOG • Southold Town Hall Gerard P. Goehringer, Chairman v < v 53095 Main Road 0 Serge Doyen W a P.O. Box 1179 James Dini2io, Jr. Southold, New York 11971 Fax (516) 765-1823 Lydia A. Tortora ! # _ Telephone (516) 765-1809 Maureen C. Ostermarn zL w= BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article ?CV of t ~e Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Plarrzng Comui.ssion: Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector XX Special Exception, Article III Section 10030A.2B and 100-31B (14a - d) Special Permit Appeal No: 4473 Applicant- Sylvia M. Daley Location of Affected Land: 8985 Main Road, East Marion, NY County Tax Map Item No.: 1000- 31-3-17 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Higtnvay, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existino 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 establish a Bed and Breakfast Use Copies of Town file and related documents enclosed for your review. Dated: May 13, 1997 APPEALS BOARD MEMBERS. SUFFaI Ike ` 0 Southold Town Hall O Gerard P. Goehringer, Chairman = Gy = 53095 Main Road Serge Doyen y y P.O. Box 1179 James Dinizio, Jr. ~ Southold. New York 11971 Rom 17{ y Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 Maureen C. Ostermannz BOARD OF APPEALS TOWN OF SOUTHOLD May 9, 1997 Mrs. Sylvia M. Daley 8985 Main Road East Marion, NY 11939 Re: Appl. No. 4473 - Accessory B & B in Existing Dwelling Dear Mrs. Daley: Enclosed please find a copy of the Board's determination rendered regarding your new B & B project. We have today furnished the Building Department with a copy of this determination for their update and permanent file. Please be sure to finalize your applications with the Building Department and any other agency having jurisdiction before commencing the B & B establishment. Should you have any questions, please call either our office at 765-1809, or the Building Department at 765-1802. All of us in the office wish you and your family the very best in your beautiful home and your new B & B establishment! Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department • Page 4 - May 7, 1910 Appl. #4473 - Sylvia Daley B&B Southold Town Board of Appeals N. Adiacent properties and land uses will not be affected by any possible detrimental impacts of the proposed use. 0. Adequate provision has been made for the collection and disposal of stormwater runoff, sewage, refuse and other waste which the proposed use would generate. P. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. BOARD ACTION/ RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, and with the FOLLOWING CONDITIONS: 1) parking spaces shall be perpendicular to the Main Road. 2) no backing out of vehicles onto Main Road whatsoever. 3) three outside parking spaces are required on-site upon the applicant's property, as shown on the sketch submitted by applicant to the board. 4) compliance at all times with the zoning code, and other laws and regulations applicable to this accessory use. (Note: Applicant is to return to the Building Department for final approval for accessory bed and breakfast occupancy.) VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Lydia A. Tortora, Maureen Ostermann, and Gerard P. Goehringer. This resolution was unanimously adopted 5-0. Actions. 97/31-3.17 ,IV D AND FILED BY GERARD P. GOER INGER, CHAIRMAN C L T :i= D . _',dI1 CiER.X Resolution Adopted May 7, 1997 Lts~ia~r R35 c cwa +own of Southold I I FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: Mo 1997 Attached is an (original) co )of Y,?Id (new information added to the original Town BA ile) n re: Pending Application of Other Comments: # of Pages Attached: ) Placed in Members' office mail boxes for update on ,j/ (/97 by~p. Board.Trans e~ lip Y' ~ ~OgUFFO(,~~D 5 0~o Gyp ~ x Town Hall, 53095 Main Road p • Fax (516) 765-1823 Telephone (516) 765-1802 P. 0. Box New York 9 11971 Southold, N OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD TO Zoning Board of Appeals Members y FROM: Gary J. Fish, Building Inspector DATE: April 28, 1997 RE: Accessory Bed & Breakfast application from Sylvia Daley Premises 8985 Main Road, East Marion, N.Y. Suff. Co. Tax Map #1000-31-3-17 As per your memo dated April 16, 1997 regarding the above property, please be advised that an inspection was made on April 23, 1997 at 10:00 AM, and that the premises meet the requirements for a B&B as per Article III Section 100-31 B.(14) i April 15, 1997 Zoning Board of Appeals Town of Southold APR 1 611997 P.O. Box 1179 53095 Main Road Southold, New York 11971 Art: Linda Kowalski. Board Secretary Re: Bed & Breakfast Application 8985 Main Road, East Marion - -Zoned H.B. County Tax Map#1000 Section 31 Block 3 Lot 17 Dear Linda: Thank you for your assistance and kind cooperation in the filing of my application for a bed and breakfast license. I have followed-up as we discussed by completing and sending you all the pertinent forms, attachments and fees. BU/d.0inc~ =ns Pec7er5 Just for clarification, does the Zoning Board require that I must have ar4nspection of the above premises prior to the hearing date set for Wednesday, May 7th? Please let me have your answer as soon as possible because I would like to avoid any delay. Given that today is April 15th, we still have almost a month to go before the hearing? I hope that if the inspection is in fact required before the Board meets that I will get an inspection date before May 7th. I could imagine that the Building department gets swamped with inspections during the May through September summer period. Again, thank you so much for walking through the process with me. Looking forward to hearing from you. Telephone: 718-783-9114 during office hours. Sincerely, X4S M. Daley lid 62 APIA 1 6W7 4y OFF1cE0I- BOARD Of A1'1'~,415 SomoiolifTown _9lall 53095 _Nai,(2 Road Soutlio/~_ 9V_I/ 1197,( (15107r5-18Q9 ZffA tel 7659oG4 fax.. sssee:..see.essseeeeee~+~rer.eee:~:.r«x.essr.e.err~.<~~sr.s~:rsesee:e. MEMORANDUM TO: Greg Yakaboski, Town Attorney FROM: Jerry Goehringer, ZBA Chairman 02~ DATE: April 20, 1998 SUBJECT: Four-Bedroom B & B Transient Use in HB Zone (Presently in Code as Tourist Home) Mrs. Sylvia Daley owns HB Zoned property in East Marion, and has been asking Town Department(s) for the procedure which would in effect re-define or allow a four-bedroom Transient Use in the HB Zone from Tourist Home to another category (similar to Transient Home Use or B & B). She indicates that during September 1997, the State Fire-Building Code allows four-bedroom transient use under dwelling occupancy without structural changes to the building. Mrs. Daley says that she understands that the HB Zoning provides for "tourist homes or boardinghouses" - but this "definition" requires structural changes, she says, different than that required for a four-bedroom transient use (according to her conversations with the Building Dept.). Since this cannot be accomplished by a use variance as indicated in the Building Department's letter to Mrs. Daley (copy attached), we do not feel it is a matter for the ZBA because re-defining use categories in the code must be adopted by the Town Board (if it desires to do so). Copies of communications are attached for informational purposes together with Mrs. Daley's telephone number and address. Thank you. Attachments Apr-l5-yts c;~:-+tsA wu inx.asseni_ ia,s/ ua,ey rax iits- .5 in--z4e r.v? April 14, 1998 likiddinit Depatltuent Town of Southold, New York An M Ua[y Disci, Bldg lrspecror Fax Number 115 IN 765-1823 Re Permit Ibt Renovation of House at 8985 Main Road, Fast Marion, N Y I NY) i'ur.uart to our conversation of this date, please be advised that it is niy invention to add two {2) bathrooms to my 1Llly licensed 1 -bedroom Bed & Breakfast hurther, pursuant to this license, this B & B will continue to offer the present legal maximum of three (3 t bedrooms Thank you for your time and attention A V truly yours, r Ii` Syl a M Daley ~ PnAhc - Ura'Src~CC s•rs a-i. ,"J."Id 0 4 i' 930-AR.D OF APPS CS Sout6iolflonvn .q<ald- 53og5 -3tain Road- SautlioJX.9Vy-7 9» 765-18og ZBA teG 765:9o64 ZDA teCefax. .~.~sss?aswrtswrts#ss~rrrssssss:tr??sss~assr+~rs~es~r?~ssr~sssesrw:?ss:rts~:srxs MEMORANDUM TO: Councilman Bill Moor airman, Code Commmittee FROM: Jerry Goehringer J~z DATE: April 3, 1998 l SUBJECT: HB Zone - B & B As a result of inquiries made by Mrs. Sylvia Daly, I wanted to bring to your attention the fact that although a five-bedroom tourist home is permitted in the HB zone (without a special exception), a four-bedroom B & B is not provided for. Mrs. Daly has been having difficulty adding a fourth bedroom to her approved B & B on the Main Road, East Marion, which is located in the HB Zone because the Zoning Code does not provide for that category of use, although a tourist home is permitted under both the State Code and the HB Zone subject to stricter fire code mandates. Thank you for considering this area. Apr-15-98 09-48A ~uintessen is ,a;/Daley Fa 7113-3 22 P.Olm' Alxil 14, 1998 Hudding Department Town of Southold, New York Art Mr C;a hisc % Bldg ltis2ector l Fax Number t510) 765-1821 Re. Pennit for Renovation (if House • t 8985 Main Road. Fit Me ion, N 1939 Pur>uanl to out' conversation of tlus dace, please be advi. ed that h is my intention to '+.'d tv.o;2) bathrooms to my iiilly liccnse41-hedruom Bed Bteakfasj Nuilher, pursuant. to th!s hcense, this H & B will eontindJ to offer the pre, nt legal maximtun of thrcQ I) hedrooms Thank you for NOW time and attention I' i Y ~ truly ywus, Ir Svl a ~1 L)aley ~ I , . ~ 1111t111f - APPEA.LS BOARD MEMBERS ~ gOFfO( Southold Town Hall (~qqq Gerard P. Goehringer, Chairman r~`t~ Gym 53095 Main Road Serge Doyen o P.O. Box 1179 James Diniaio, Jr. W Southold, New York 11971 A4Rotremtr-liy ~ Fax (516) 765-1823 Lydia A. Tortola X01 .~a~ Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD COORDINATION /MEMORANDUM TO, Building Department DATE: April 16, 1997 SUBJECT: B&B - Request for Inspection by Fire Inspector This will confirm that the ZBA will be considering the application filed by Mrs. Sylvia Daly on May 7, 1997. As required by Section 100-3113-14) of the Code an inspection for the proposed B&B as shown on the attached plans is requested by a building inspector. Once the building has been inspected, please forward a copy of the inspection results for our file. Thank you. cc: All Members ,L,, ~ ~Illel912 ~bs1` Mdriorr F'ir~ Dial' ~ INV. 7 100.2Z wad - I V b* ...o r,r OL" he , . inpk,BtW ;.~Hnn stvi rvn or-r `)oa.WiIW WM1On tG eun~/ o Niu DIM ~4 6 MMO V If Q T4 t e n fines ° MAP OF P2OPEQ7Y Q w S SC/Q V6 YEO Foe SYLVIA DAL EY AT ~ LJ E =F A4A2 /ON, N. Y. w u ' u MAY-6;V ----3Stt- O of SLO/f~ IO~s/11 z • atO'y ' <r 4rea-0.~49 Ae. sr. hnuN ~ Q I v 1 M~ O ~ 0 - ~ ~ MONL/r1JIMt r • a Pi~ba n laa,~e~,i ~i O ~ d ~.~o1k ~'o. Tox ~ GY~'ry.wNicv+: p d'. ; \ W Dial`. Coo, a t. 031, E51 k. -5, Pt 1 17. 3 ,o .~uororri'ved to dirr?c 6OVirtgb Bsffr- of N.Y. dwv p 1C didal`ii+y nhrfionvl 7it/e /astir. Go. 0~ r r b 1 as suM+ywd jotys fr* r9Q4- ~ ~ ~..IJC~CS,G IGK 1~l11Y 7CJYL , pC. Q 2 ~0 y - LitensRd La.-,d SurvegorJ a m2w ; ~a ,Jcz,z~ 'dish ~ Ghc~tac.lei - y11 CY ~ L~c o r 1 ~G~2G C)Iu rkG XL. ey 5 N~ y v 9-3c, -9'J ; cL? a iXa,2~e.~ ct attQ~~, ~ ~v aUobu 3 fe 1 /Zk ? LCD CX,~~!-~L7 , cl C~`u~ ccf~, - ~ DNS i qtLLtr ~ ~w . ~cu~u~- ~lt rxE) . Acd s 's LY'~ ^ r Of, i' `C77_ I qca 'tt ii-- cy w 044 t -"k u crx) 1Q~ ~9 ce cQ~c c e cQ , tL~~C.c~ CUCX.~~ , c ln~ ~ IY~L~Yr-m +6 ~ -MOB 1'c°: l UP SIDE 9-- --Y ENTRA LE QEDROON, 1 f? UTI LIT`/ 16 A STORAG E w F_ AREh\ 13A7 H 5985 MAIN Rd. E.I%JOff L 6 r. 0I 6ATjH {I firstl_oor OUTP60k DECK j IcITcF~~~~ pocket Doe h I 1 17 PINING Roo Re F F - 17 - 141 L~If'(LOS-4D C H m Now* d v Gw © O ~ 1_P WKI LIVINI ROC)K- UBR-ARy _ i 18 OPEN( PORCH I z3~ I5 - i 51 TING RooN, I I f------_. V P 0 P F_ N P 0 R G H I t I j;1/7. ENTRANCE APR 16W7 18 ~..J E sTO&AC--~ Room S 19 5985 MAIN Rd. E. MARIOW i , I 9ICI OFFIGF- QEDRoot~ I6 - 12BF-OR OK \ - 15 g' 4vHRO0 ~a r sATHRb 0r~ 9.5 17 I ~ ~ BEDRoo>~ QEDRbbh>, - 13, 5~ APR 161997, L BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of S~Iv,w M, (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) p ma- New I, ~~V+ 1 .h~~le residing at F~ J t {r~~Cd~ ~~o~ ~T York, being duly sworn, depose and say that: 1) On the L3 day of 199.1, I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that , the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified 4 mail, return receipt requested: Name of Surrounding Property Owner Mailing Address Ny ((Z~c1 fir , • (0 • c M&,-VA . tic( 3`1 Gvw` sly -L3ex (3( qtr f9",Xy!lZ-QT' and, 2) On the Z_~) day of~ 1997, ,1, personally posted the property identified as District 1000, Section 3~ , Block 3 , Lot r: by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way), and that I have checked to be sure the poster has remained jII place fyr - seven fvjL days prior to the date of the public hearing (date oC hearing noted thereon to be held mkt 1997). 11 l' )01 Sworn to before me this (signature) d y of 1997. //,J ~ Robert S. Hugh c 11!____1 Notary public, State of New York Notary Public No.02 Hu5029422 yy Qualified in Suffolk Count commission Expires June 2Q,19 (Please return to the office of the Board of Appeals when completed. Thank you.) First-Class Mail UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • 1 a I. i P 4 61 7 4 4 4 6 3 5 SENDER: I also wish to receive the -Complete items 1 anciror a, a 2 for additional services. a -Complete items 3,4a, ss SerVICBS (f0/ an US Postal Service 2 •PriM your name and address an the reverse of this form so that we can return this extra BMfe fee): card to you. Receipt for Certified Mai! m this form to the from ofthe mailpece, or on the back if space does not 1, 13 Addressee's Address L No Insurance Coverage Provided. y -Write-Refum Receipt Requesred'an the mailpiece beluwthe article number. 2. El Restricted Delivery in Do not use for International Mail (See reverse) $ -The Return Receipt will show to whom ee article was delivered and the date Sent torr'' AA pt-i ~1 delivered. Consult postmaster for fee. .2 V - rlU R N ~j 3. Article Addressed to: 4a. Articl@@@ dumber ° Street & ber t 1 Q/~ c t q pr I I I f') I f I ¢ Post & z c e L 4b. Service Type fate r ya o f X33 ~ ? Registered Certified ¢ Postage $ ? Express Mail ? Insured Certified Fee ? Return Receipt for Merchandise ? COD a 1`~ X 7. Date of Delivery Special Delivery Fee ~ \ V i 5. Received By: (Print Name) 6. Addressee's Address if requested Restricted Delivery Fee . and fee i5 paid) (Only L W a, Retuw wing to 6. Signature: (Addressee or e ) tAlO ' d c ~ Re ecelpl m X D ,aPdaressee:A - PS Form 3811, December 1 694 Domestic Return Receipt ;6F es $ al ost or Date ~ r/ , m R > a I_ UNITED STATES POSTAL SERVICE First-Class Meil Postage & Fees Paid , USPS Permit No. G-10 l • Print your name, address, and ZIP Code in this box • • k lg3q- f i P 461 744 464 +I to SENDER: I also wish to receive the US Postal Service - $ •Oompiete items 1 and/or 2 for additional services. - a -Complete items s, 4a, and 4b. following services (for an Receipt for Certified Mail „ -Prim your name and address on the reverse of this form so that we can return this extra fee): No Insurance Coverage Provided. d -Acard to ttach this form to the front of the mailpiecs, or on the back If space does not u > 1. ? Addressee's Address Do not use for international Mail See reverse 2 permit. ~ Sent to w -Write-Return Receipt Requested' on the mailpiece below the adide number. 2. 11 Restricted Delivery y C , CM t C r -The Return Receipt will show to whom the article was delivered and the date Simet a 7l V l l o delivered. Consult postmaster for fee. ~j I v 3. Article Addressed to: 4a. A cle Number m Post odi Stat &ZIPC e n ~ No _ t14 4 b+ I_ _I E ~ ~lSTIP ;T 4b. Service Type l I I` Postage $ $ ? Registered Certified W W ? Express Mail ? Insured w Certified Fee tx ? Return Receipt for ndise COD Special Delivery Fee of Deliv w o5 Qr" Restdded Delivery Fee _ Z % ~ T f 5. ed By: Pd a e t B. Addressee' re ue ad m o~ Retum Re 3` - F Y' c m Whom ate r t m and /ee is pa _ r4. i g Retu ec wing to 6. Si slur • (Ad SS A \ dam/ F- Date esee's Address 'Rj4, et O TO AL Po"emye~ A I „ m PS Mrrfi 3811, December 1994 Domestic Return Receipt M Pos arkvr Date E ;v ti 16E6 a y - i UNITED STATES POSTAL SERVICE Fifst-Class Meil Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • ~i EY (~~3Q^as7~ i 7 k{_ f= l f i P 4 61 7 4 4 4 6 5 d SENDER: also wish to receive the v e Compete items 1 and/or 2 for additional services. 'F a a Complete items 3, 4a, and 4b. following services (for an US Postal Service ` e~ ndt; ourname and address on the reverse of this form so that we can return this extra fee): Receipt for Certified Mail 0 Aftachthi form to the from of the mailpiece,or on the back if Space does not 1.0 Addressee's Address u No Insurance Coverage Provided. m permit. Do not use for International Mail See reverse d -Write-Return Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery U) -The Return Receipt will show to whom the article was delivered and the date sent to/ p. f t delivered. Consult postmaster for fee. r FZ 6e ~ o d Strebar , °m 3. Article Addressed to: 4a. Articlq Number F6 la Y d 6I J c r I L14_ r Post ice,state, ZI Code a q3q E , 4b. Service Type 19 0 NV C, ? Registered Certified rn Postage $ 3,j GO ? Express Mail ? Insured 5 p Return Receipt for Merchandise ? COD Certified Fee 0 % 7. eof Deli ery; Special Delivery Fee ¢ f 1 , 0 T Restricted Delivery Fee 5. Received By: (Print Name) -d 8. Addressee' !(rid as Onl ~q{yfF!D"s1 i on Lu Return Reoei owing to kQ C 41JC e and lee 15 peiyf _ i i whom.&I 6. Signature: Addressee or Agents f~~' `r ` ~ 11I R ,d' essee's Ada X 0 Or Posts PS Form 3811, December 1994 Domestl m Receipt m f .Y First•Cless Mail UNITED STATES POSTAL SERVICE F Postage & Fees Paid USPS Permit No. G•10 I is • Print your name, address, and ZIP Code in this box • 16 i i P 461 744 466 SENDER* 'I. US Postal Service v .Complete items 1 anNor 2 for additional services. I also Wish to f0001V8 the Receipt for Certified W1 •Completeitems 3,4a,and4b. following services (for an •Pont your name and address on the mwrae of this form so that we can return this extra fee): No Insurance Coverage Provided. card to you. 6 Do not use for international Mail See reverse j •Attach this form to the from of the mailpiece, or on the back if space does not t, ? Addressee's Address o Permit d Sent s y •Wme'Retum Receipt Requssfed'on the mailpiece belowthe article number. 2. ? Restricted Delivery U) •The Return Receipt will show to whom the article was delivered and the date ` Street , Nu nber 2 b delivered. Consult postmaster for fee. J 'm Post State, & 21 ode a 3. Article Ad1dreassedd tot:~n 4a. Article, Number_ Postage $ 'a E ~1 WI b'1~ I Y 1?~tU~ I~T~ JD C 41). Service Type i! $ ? Registered Certified Certified Fee Op j r„ ress Mail ? Insured 5 C? t v Special Delivery Fee R m Receipt for Merchandise ? COD _ g~ ri l l I e o \qn f Restricted Delivery Fee to o'f liv 4-i V` N l l o rn Rate 'rig to 1 J ¢ 5. Received By: (Print Name) 8-Addressae16 Add n/y it requested j a gem apt W Ff L ek CO 0) t and fee is paid) r j a .DK, Address r g 6. Signature; (Addressee or Agent) F Il 0 TO LPos48 Feel $ a5U a X v I E os~, ,Pate w PS Form 3811, December igga Domestic Return Receipt a I I I UNITED STATES POSTAL SERVICE First-Class Mail Postage R Fees Paid USPS E III III Permit No. G-10 • Print your name, address, and ZIP Code in this box • f :V ;;f Ill fill 1111111111iff Ill 7 I- SENDER: I also wish to receive the Complete items 1 anNor 2 for additional services. P 461 744 467 -Complete items 3, 4a, and 4b. following services (for an % -Prim your name and address on the reverse of this form so that we can return this extra fee): US Postal Service I card to you. > -Attach this form to the front of the mailpiece, or on the back if space does not 1, ? Addressee's Address Receipt for Certified Mail d permit. NO y -Write'Retum Receipt Requested'on the mailpiece below the article number. 2. 13 Restricted Delivery not Use for Coverage Provided. :S -The Return Receipt will show to whom the article was delivered and the dale y' Do not use for International Mail (See reverse) I c delivered. Consult postmaster for fee. Sent t o ,SO 8 3. Article Addressed to: 4a. Articl N umber - , • . 17 6 65f Street Number 6 r 6 Post At ate 8 ZIP C e E 4b. Service Type 2- M a07 u 1 , I t~ ? Registered Certified I Poste9e $ { qD PAD 1 bib tJ ? Express Mail ? Insured o ]iE '~/1 I ? Return Receipt for Merchandise ? COD Certified Fee C ' 7. Date of Dellve Special Delivery Fee > 5. Resl Received By: (Print Name) S. Addressee's Address (Only if requested Restricted Delivery Fee w and fee is paid) r Return wing to , 6. Signature: (Addressee or Agent) W ate Dellve X ! .n iq5- a ..J l7 Tx a N, Address - PS Form 3811, December 1994 Domestic Return Receipt SAL ee`F $ i ~ P~tQ Data a ~?blrJ L~ ` ~ - - - - - - - - - - - - - - - - - - - - - - - - Lx./;AL Iy V l ll.L~ NOTICE IS HEREBY GIVEN, pear- ant to Section 267 of the Town law d the Code of the Town of Southold, f~ Ll following applications will be held r public hearings by the UTHOLD TOWN BOARD OF PEALS, at the Southold Town Half; 3095 Main Road, Southold, New York 1971, on WEDNESDAY, MAY 74 ff7 at the limes noted below (or m n thereafter as possible): 6:45 p.m. Appl. No. 4472 CHARD BOARDMAN. This is i ariance application based upon ti l Woos of Disapproval' (a) Dated Match 12, 1997 to con= mct an alteration and additions which bapproval states "...Under Article XIV, Section 100.244H proposed umction will have insufficient aide and setback minimum is 10 ft. and combination of 25 ft. IoW side yard Ilack are required. -Note: any for provai by the Building Inspector, r expadsion of dwelling or accesso- whereby an application for a permit STATE OF NEW YORK) footprints may exceed 20% maxi- was made to construct an inground ) SS; um lot coverage; and I swimming pool, and disapproved on (b) Amendment dated Much 31; the following grounds: The pro- CO 7~ O~ O K 997 to construct an alteration, addi- p~ Wd is in the d k yard. In an ll - ( of Mattltuek, to on and accessory ¢ara¢e which statek 120 Zone, Accessory buildings and ~~~III 1Jl.l ...under Article IHA, Section 300. structures or other accessory uses shall said County, being duly sworn, says that he/she OA.3 of the Bulk and Parking be located in the required rear yard. hedule, proposed deck addition will Article 111, 100-33, or In the case of ¦ is Principal Clerk of THE SUFFOLK TIMES, a acted maximum lot coverage of 20%. waterfront parcel, accessory buildings ewconstruction will exceed lotcov Or strudurcsmay be located in the front Weekly Newspaper, published at Mattituck, In rage by 223 sq. ft. relating to approxl- yard provided that such buildings and the Town of Southold, County of Suffolk and ately 22.25% lot coverage; and structures meet the front yard setback (c) Amendment/Supplemental requirements as set forth by this code, State of New York, and that the Notice of which ~7ouct of Disapproval dated April 14, Article 100-33C. In this axe 60 ft.... the annexed is a printed copy, has been regular- I1997 to construct an alteration, addi this lot is approximately 101,930 sq. B. ion and accessory garage which states: Location of Property: Middle ly published in said Newspaper once each week ...Under Article ILIA, 100-30A.3 of Farms, Fishes Island, NY; Parcel ID the Bulk'and Parking"Schedules pnI.7 `1000-8-d-2: - - for weeks s c{_eays'I ely, mmenetng on of at oted deck addition will exceed seep time ea and ple Board a h e hear any and my asnd all will pe a u rsons mid the ~ -day of rJl A 19 7 um lot coverage of 20% based od over letter explaining reduction of or representatives desiring to be heard mount of lot covers s by 102 yj, from the above applications. The above 3 to 121 sf. because of removal of hearings will not star) before the time ek poach 6' X 17' designated. Each file is available for luadon of Property: 690 Village. reviews during regular business hours, lase, Orient; Parcel ID 1000-25-1-13, and written comments may be submit. Principal Clerk Is parcel consists of a size of 96253 ted before that hearing is closed. If you ~sf.; R-40 Zone. have questions, please do not hesitate 6:50 p.m. Appl. No. 4471 _ to call 765-1809. LAWRENCE and LINDA WAR. Dated: April 22, 1997. ~t' REN. This is a variance application BY ORDER OF THE SOUTHOLD Sworn to efore me this- abased upon the March 10, 1997 Action' TOWN BOARD OF APPEALS ~ , qday Of h'"L' 19 7 of Disapproval by the Building' GERARD P. GOEHRINGER C (Inspector, whereby applicant applied' Chairman MARY DIANA FOSTER for a permit to construct a frees 6 ft. in By Linde Kowalski / , SPATE OF NEW YORK Iheight in the front yard, and the app0, 8959_ITA24 NOTARY OTARY PUBLIC PUBLIC2 TAT EOf.K COUNTY r NO. 52-465524 malign was disapproved on the follow- COMMISSION EXPIIfES AUGUST 31,19 Z ling grounds: When lasted in front iyard of residential zones, a fence shalt mot exceed four feet in hCighl. Article XXIII, 100-231 " Location of, Property: 24380 ~ Main , r Road, Cutchogue, NY; Par=] ID 1000.109-3- 2.41 (Country Club Estates). 6:55 p.m. Appl. No. 4470 - WILBUR OGLER. This is a variance application based upon the March 10, 1997 Action of Disapproval by the Building Inspector, whereby applicant applied for a permit to construct gddi &M to existing dwelling, and the application was disapproved on the fob I lowing grounds: Under Article' XXIV, Section 100-2448 proposed construction will not have sufficient side Yard setback. Fifteen-ft. side yard ,setback is required. 'Note: existing deck addition adjacent to proposed, dwelling addition does not have any building permit or C.O. on record. Building Dept. will issue order to rem+ ' edy Location of Property: 8070 Peeonic Bay Boulevard, Laurel; Parcel ID 1000.126-11-17. This parcel coo- I sists of approximately 32,000± sq. ft. with 99.58 ft. road frontage. Zone: R- 40 Residential 7:05 p.m. Appl. No. 4473 - SYLV IA M. DALEY. This Is a request by the owner to establish Accessory Bed and Breakfast Use in conjunction' with her residence, as authorized by' Special Exception for the rental of three rooms for temporary, transient lodging with breakfast, limited to 8 maximum of six (6) most and tran. sient roomers in accordance with con- ditions (a), (b), (c) and (d, as pel Section 100.31B(14). . Location of Property: 8985 Main Road, East Marion, NY; Parcel ID 1000-31-3-17. 7:10 p.m. Appl. No. 4474 - SUZANNE CAMERON SCHUTZ. -his is a variance request based upon e March 14, 1997 Action of Dsap- i BOARD OF -APPE LS ~ _5au1/zolif I~»v~~ .Ncrl~ .S,j~?QS _~1~c71J? IlOCIC~ S-outholcf, .%V1/ iiq~ ~ 765-i8o9 Z93-A tel. 765-9064 Z`L'-A tetefcIX. ¥¥Y¥¥¥¥¥¥¥¥¥¥¥a-k¥¥Y¥¥¥#¥+a#YY¥¥¥-k¥¥YYY¥¥¥¥¥¥-iYiY¥YIYY M¥¥¥1¥IYYY¥i¥¥ INTER-OFFICE MEMO TO: Jerry Goehringer, Chairman FROM: ZBA Office DATE: April 2, 1998 SUBJECT: HB Zone Four-Bedroom B&B /Boardinghouse 100-91A-3 Sylvia Daly has a three-bedroom B & B approval from the ZBA, and wishes to add a four bedroom for transient use. In the attached letter, Ed Forrester suggested that Mrs. Daly apply to the ZBA for a variance, for the reason that "tourist homes or boarding houses" are allowed in the HB Zone in which she is located. The reason that the Building Department cannot allow a five-bedroom is because the State requires substantial renovations for handicap facilities, fire-sprinkler system, etc. Mrs. Daly's house is historical and she does not wish to change any structural parts of the house. Do you agree with Ed that Mrs. Daly could be considered by a variance with the ZBA under 100-91A-3 for a four bedroom use - to fall tinder a definition similar to B & B instead of tourist home or boardinghouse? A tourist home/ boardinghouse in HB zone says that it is a transient use for five persons or more, but does not stipulated number of bedrooms. In Mrs. Daly's application to the building department, she is asking for rental for five persons or more, in four bedrooms. In this case, Ed said, four-bedroom transient use would not kick in the State's additional building requirements. The only other option would appear to be with the Town Board and Mrs. Daly could request that the Code be changed to include a use under B & B in the IIB Zone for up to four bedrooms (which is less than the tourist home permitted use in 1113 Zone existing now). Mrs. Daly asks that you call her, if possible. Her number is 1-718-783-9114. (Please note: nonrefundable application fee is $400.) I 0 l 1, v"~y? ~8 b~ M Loth,hook)-i- Winclun.s APPEALS BOARD MEMBERS FFO(,r~ Op Southold Town Hall Gerard P. Goehringer, Chairman o A ? 53095 Main Road James Dinizio, Jr. ti Z c P-O.'Box 1179 Lydia A. Tortora O Southold, New fork 11971 Lora S. Collins y~ Off. ZBA Fax (516) 765-9064 George Horning ,~1 Telephone (516) 765-1809 >.,4 ARTICLE IX, Hamlet Business t6 f?tdi1S10-1989 by L.L. No. 1-1989EN(1)] TOWN OF SOUTHOLD § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area - § 100-91. Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following. A. Amended 5-9-1989 by L.L. No. 6-1989, 5-16-1994 by I L. No 9-1994, 2-7-1995 by L.L. No 3-1995] Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A( I), A(2) and A(I 9) hereof, are subject to site plan approval by the Planning Board: ( I ) Any permitted use set forth in and regulated by § 100-31 A( I ) and (3) of the Agricultural-Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet --'N Residential District. i (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices (5) Banks and financial institutions. (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L No. 9-1994] (8) Bakeshops (for ou-premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional I Towtt of f's56wholc x.,l odehookfor W111dows BOARDING- AND TOURIST HOUSES A building, other than a hotel, where lodging, with or without meals, for five (5) or more persons is furnished for compensation. 1 APPEALS BOARD MEMBERSft7(~ IX; ~A2 Southold Town Hall Gerard P. Goehringer, Chairman may` Gy~ 53095 Main Road Serge Doyen P.O. Box 1179 James Diniz in, Jr. Southold, New York 11971 } y ~4~ Fax (516) 765-1823 Lvdia A. Tortora Telephone (516) 765-1809 Maureen C. Osterman_ BOARD OF APPEALS TOWN OF SOUTHOLD April 22, 1997 Re: New Application Dear Please find enclosed a copy of the Legal Notice confirming a date of WEDNESDAY, MAY 7, 1997 for the public hearing on your application. Publication will be sent by our office to the newspaper for this week in the Suffolk Times. Also: 1. Enclosed is a sign which must be posted within 10 feet from the front property line (facing the traveled roadway or town street). After the sign has remained in place at least seven days, the enclosed Affidavit of Posting and Mailing should be signed before a notary public, and returned to our office not later than May 6th. (The sign may remain in place longer, which is always preferred - but not required by law.) 2. At this time, please send a copy of the enclosed Legal Notice, by certified mail, return receipt requested, to the surrounding property owners. 3. The enclosed Affidavit of Posting and Mailing should be signed before a notary public after the sign has remained in place for seven days. When returning the signed Affidavit, please be sure to attach the postmarked (white) certified mail receipts attached. 4. Later, after you receive the returned signature (green) cards, please return them at that time for the permanent file. During the last few days of processing before the hearing, you may wish to stop by, or call us, to review your file for updates or new communications added to the file. Very truly yours, i Oi nda Kowalski Enclosures MaryAnn Cybulski P. S. For your convenience, we enclose another copy of the "standards" of law to be addressed at the hearing, or in writing beforehand. (Waiver standards or area variance standards). E.~ y CAS FA6 T ~E NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: DATE OF PUBLIC HEARING: • ~Ay 7 17?7 71'~OC000746 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 77 S50'0 MAIAI ~L.4Sfor J'f gk1eA/ APPEALS BOARD MEMBERS era"`gUFFO(~ ~Ap~0 C~ Southold'Cown Hall Gerard P. Goehringer, Chairman "~Z Gym' 53095 Main Road Serge Doyen P.O. Box I l79 James Dinizio, Jr. Southold, New York 11971 }}zK y tom." Fax (516) 765-1823 Lydia A. ToROra Telephone (516) 765-1809 Maureen C. Osterman- BOARD OF APPEALS TOWN OF SOUTHOLD May 7, 1997 S. R. A. TYPE II ACTION DECLARATION Appeal No. 4473 SE Project/Applicants: Sylvia M. Daley County Tax Map No. 1000- 31-3-17 Location of Project: 8985 Main Road, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Establish Bed and Breakfast Use This Notice is issued pursuant to tar- 617 of the implementing regulations pertai:~:ing to Article 8 cf the N.Y.S. Environmental quality Review Act of the Environmental Conservation Law and Local Law 4'4A-4 of the Town of Southold. An Environmental assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the T-~e II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this dete_-nination shall have no affect upon any other agency's interest or SEQPA determination as an involved agency. For further information, -lease contact the Office of the Board of Appeals, Town Hal_, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copv placed in ZBA project -file -for record purposes. JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK w P.O. Box 1179 a- T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O 41~ Fax (516) 765-1823 MARRIAGE OFFICER O~,rN RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER ~~zzzct:.t~' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4473 DATE: APRIL 14, 1997 Transmitted is an application for a special exception submitted by Sylvia Daley together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; survey; and other relevant documents. Judith T. Terry G Southold Town Clerk ~ W fL ----Y b sic ~Ftic~ To P rLooCZ M P i r, a i d 1Z Bt~/DV oor+~ ~ UI + i I g~ k14 Y i p 13_______~ r - i 1 Q 4 i I OT i P~ 14 i FIQ G~D5gp YAT1b O -rp 06) 4q S lT~ir~~, uP P,oo~ F3 ni4 35' _ g985 MAIM Qd, ~~44. • APPEALS BOARD MEMBERS CO Gy o Southold Town Hall Gerard P. Goehrm'aen Chairman 53095 Main Road Serve Doyen. Jr. w x P.O. Box 1179 James Dinizio, Jr. 1 0 z'~ Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A.Touora jig Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD QUESTIONNAIRE Accesso r~ Apartment or Bed and Breakfast with Cwner-Cccupancv Names of individuals or Parties Having an interest in the Subject Premises and a description of their interests: 9~Iv'I1) Name of the Applicant(s) and his/her Residence: Hoj L-0-, Names of Current Residents/Cccupants of the subject premises: 1 V .Via P'1 . Sj~ ~L_-v) C•urr2n7 Cccupants are: (please check one or more bores) { } Tenants with Written Lease { } Tenants Without Written Lease { } Cur='ent Owner { } Contract Jendees { } proposed Occupants/Residents under the Subject Application { } Residents NOTE,': 3y not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written er without a written lease, are not ===Tent owners, are not cont=act vendees, are not pr=csed CcclapantsiResideats under the Subject Applicaticn, and/or have a different residence. Is the Subject premises listed on the real estate market for sale or being shown to prospective 'nuyers? { } Yes No. Atk'nor=rea Signature a. d Date The :4.y,S. Environmental Review Act rocuires submission of this corm, and an environc:en cL review -w lil le :raae :.y tics ..oars before any action is taken. SHORT ^NL^,ON:IENTAL ASSESS*1E9T ~OR:1 INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the Likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- ni< ficant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. - (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physicaliy'alter more than 10 acres of land? _Yes ~J_"O 2. Will there be a major change to any unique or y unusual land form on the site? _Yes ' No 3. Will project alter or have a large effect on an existing body of water? _Yes Z_No 4. Will project have a potentially large impact on groundwater quality? _Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? _Yes '-~No 6. Will project affect any threatened or endangered plant or animal species? _Yes V 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes )(No 9. Will project adversely impact any site or struct- ure of historic, ore-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes No 10. Will project have a major effect on existing or future recreational opportunities? _Yes KNO 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation.? _Yes K No 13. Will project have any impact on public health or safety? _Yes X NO 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year _Yes v No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project. _Yes No Preparer's Signature: . 10, '14 ; r ~ Representing: V (ADate: Z8A 4/?5 1L161 roan-Text 12 PROJECT I.O. NUMBER 617.21 S EO R Appendix C State Environmental Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART [-PROJECT INFORMATION (To be completed by Appficant or Project sponsor) 1. APPLICANTuA (SPONSOR 2. PROJECT NAME S L M c L~ u nfe 7. PROJECT LOCATION: Municipality County L PRECISE LOCATION ((Street aoanesa and road intersections, prom) of landmarks, ste_ or provide map) .la f Qty X05+cC~~ D l ~T_; of Las+ k6l- 5. IS PROPOSED ACTION: Naw ? Expansion ? Modlflcanolvalteratlon 6. [[DESCRIBE f~PROJECT (BRIEFLY: LS l~(~. ~ '8~-~-k-~ ~ i'G jE?r-~n I Y7 (~L~ Y'b D •-a-v15 ~np b>~5~2 N i b'~eL~k~~ V (5>1 7. AMOUNT OF LAND AFFECTED: Initially ( VA's acres Ultimately acres 6. WILL PROPOSED ~ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? I~~ Yes L No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential ? Industrial /{p~q Cpmmercul ? Agncilture ` ParidForesUOprm space ? Diner Describe. , `I P v-C1l ~~T'DI'~ lly~ l/~Y~~'C 8 i 0~. U b IICXS`t\~fZ'•(,\G`-yt~"~~~1 yam`1_ e+ r:f,5 side 10. DOES ACTION INVOLVE A PERMIT APPROVAIL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU?r- ? Yes ? No if yes, list agencyisl and oarmNapprovals it. DOES ANY ASPECT OF THE ACTG.N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ? Nr It yec, !isl agency name and Permlpapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMI T (APPROVAL REQUIRE MODIFICATION? ? Yes ? No I CERTIFY THAT THE INFORMATION PROVIDED AB `OVE IS TRUE TO THE BEST OF MY KNOWLEDGE Ap0licanllsponz ~I name: ~ I Date: C I signature: ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) QUESTICNNAIRE FC7 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.) L v r rl Z_ .7 B. Is the subject premises listed on the real estate market sor - sale a being shown to prospective buyers? { } yes plea=se art--r,~, campy } o 1.1f Yes, _ of "conditic:s" of sale.) C. Are there a:Z grvnosals to atanQe ~ alter land cantos ? ( ) Yes {X o D. 1. Are there any areas which contain wetland grasses? NO 2- Are the wetland azeas shown on the map submitted with this application? 3. Is the property bulkheaced between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed co~~ ruction at or below five feet above mean sea level? ~ - -t-= (I£ not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or feasts which exist and are not shmgn on t_te survey map that you are submitting? &q-) If none exist please state "none." G. Do you have any construction taking place at this time concerning your premises? ~N. If yes, please submit.a copy of your building permit and maas approved by the Building Department. If none, please-state. H- Do you or any co-owner also own other land close to this parcel? Al o If yes, please explain where or submit copies of deeds. I. Pleas 1ist,presggnt u or operations conducted at this parcel Q~v~ and proposed use ~l H U F_ 11 I ri-ea Signature an Date 3/87, 10/901k " All. S § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6-5.84 by L.L. No. 6.19841 WE TI-LIMS [Amended 8-26-76 by L.L. No. 2.1976:3-26- 85 by 1_11~ Na 5-1985k A. TIDAL WETLANDS: i (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters- which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush,. cattails, groundseL marshmallow and low march cordgrass:aad/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 21-0107, Subdivisions I(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- tvard edge of a "freshwater wetland:" 9705 =-xs•es I TOWN of SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Hall 4 8 6 7 3 Southold, New York 11971 Receipt NO. Date Oe...,,3.!,.J3.7.L......... Received of ...-P ao . it V IA .../100 Dollars Q For ' C.~..~..au :.............•`•~i'U.XX~±~ Fe or Fee for Fee for VV fee for rtificate H.I.C. ? Building Permit of Occupancy L3 Misc. ? Yard Sale ? ? ? ? Ca Check{' ~°2 (v C $ .........c~ 1.t.L Building Deportment FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No2.1.1223........... Date JTV-jj_ 1983. THIS CERTIFIES that the building . Addit.ipn• , . • . , , . Location of Property 8.9.85. Main. Rd..... . House No. • • • Ea.St. Marzori . Street Hamlet County Tax Map No. 1000 Section 03A .....Block 0.3 .......Lot 0.1.']....... • , . Subdivision ...............................Filed Map No. ........Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated May 2 19 83 pursuant to which Building Permit No. I2342Z dated May. 20............ 19 83 , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is For a deck addition to an existing dwelling The certificate is issued to ..Myrtle Amott • • • • • • (owner, •lessee or tenant) • • • • ' ' ' of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO........ N/A Building Inspector Rev. 1/81 ~ r5F 4', TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No.!5y17 h ~-3 Date !,A„ THIS CERTIFIES that the building located at i, ;n..,yoad . . , 19 Map No. =:=r; Block No..;~e.......... Street . ......Lot No.^c. :.st -r nn conforms substantially to the Application for Building Permit heretofore filed in this office dated ..........J:np..,??.. 197j, • Pursuant to which Building Permit No..F'. dated ~pYi t 19. ' was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .accessor ld_:: The certificate is issued to of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE No. HOUSE NUMBER . E 9 F 5 Street (•:.'r ~ ) Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-23319 Date OCTOBER 31, 1994 THIS CERTIFIES that the building ALTERATION Location of Property 8985 MAIN ROAD EAST MARION, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 31 Block 3 Lot 17 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 17, 1994 pursuant to which Building Permit No. 22152-Z dated JUNE 27, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIR EXISTING PORCH & INSTALL HEATING SYSTEM & INSULATE TO CODE EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to SYLVIA DALEY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - OCT. 20, 1994 PLUMBERS CERTIFICATION DATED N/A Building Inspe or Rev. 1/81 Form No. 6 0 6 U L5 II TOwN OF SOUTHOLD ~U{ BUILDING DEPARTMENT APPLICATION FOR CERTIFICATE OF OCCUPANCY VY A. This application must be filled in by typewriter OR ink and submitted inspector with the following: for new building or new use to the building 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 3. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form. tion from Board of Fire Underwriters. ) 4• Swornvstatementcfromaplumberl certifying that the solder used in system contains less than 2/10 of 17, lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations,a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B.. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and -pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $20.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date New Construction........ Old Or Pre-existing Building p Location of Property...., _ • Jt~ L k h 10N .......l..7~ 4.~ House No. Street " " ~ Hamlet Jnwer or Owners of Property......... •,L y,i Q , PLF-Y... . ounty Tax Map No 1000, Section...`......... 1' j Block Lot..... . subdivision ....................................Filed Map Lot 'ermit No............ 7 ~~p jLlN PL~A+~DtLP~j ....Date Of Permit... . k; J4-...Applicant..:......... iealth Dept. Approval ..........................Underwriters Approval 'lanning Board Approval .equest for: Temporary Certificate.....-, Final Certica[e•........... cE ee Submitted: $,,,•„z,-,. WC92 II c"^daed N. Y. B.T. IL Form 8000 -Bargain a Sale Deed, i,h Covenant against G.nl.,', gcvs_~ndlviduil a, Co,po,auon (single sherry Y CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. • 1 THIS INDENTURE, made the day of J ( nineteen hundred and ninety-four BETWEEN PAMELA RANDOLPH, M.D., residing at 8985 Main Road, East Marion, New York party of the first part, and SYLVIA DALEY, residing at 175 Eastern Parkway, Brooklyn, New York party of the second part, WI'I'NESSEPH, 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 beingYit73W at East Marion, in the Town of Sot*hold, Cbtrtty of Suffolk and State of %V York, being bounded and des=ibed as follows: DISTRICT BFI at a point on the rortlerly side of Main Road at the scudiaasterly Luaus of hereinafter 1000 described pgimises and the smUbtesterly mars of land now or farrerly of East Marion Matorial Assoc.; SECTION laNNIN3 `THINE sarth 50 day 42 mar sites 40 seconds nest along the rort21erly side of main Road 031.00 110.27 feet to land now or formerly of Angel; BLOCK Trdf3NT,£ north 12 degrEes 07 minutes 50 seuzds vest along last ttattiaed lards and partly alog land 03.00 now or formerly of Fartsolalds 197.62 feet to a ttonnstt; LOT 11= north 12 des Ol minutes 20 seconds nest still along lad now or formerly of Fartsalakis 017.000 149.45 feet to lard now or formerly of Daanivwsld; `It'll north 79 dngrees 55 hdnrtes east along last ttsttie e d lands 106.22 feet to lad rna or foMerly of East Marian Fire District; TIRE M Barth 10 degxeas 30 tt draw 00 seconds east along last mattiaed lards and slog lard now or formerly of East Marion M3 trial Assoc 293.06 feet to a ttlrnwtt set in the rrstherly side of Main Road and the point or plain of BTd3DIm>;. BEING MU INIEND D IO BE the sate praxises c=eyed to the party of the first part ty dead front Myrtle ckacia Arott dated August 1, 1992, and remEded in the Office of the Suffolk Oanty Clerk on August 12, 1992, in Liber 11518 of I}3a15 cp 200. 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 consid- eration 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 WH F, the party of the first part has du uted t is deed ay and r fi v written. e IN PR E E F- ro0o~ r / ELA RANDOLPH, M.D., b JOHN ANDOLPH, her attorney- -fact ORK. COUNTY OF SET STATE OF NEW YORK) ay of 19 before me COUNTY OF SUFFOLK)ss.: On the day of dtuse 1994, before me be the individual described in and who personally came JOHN RANDOLPH to me known -egoing instrument, and acknowledged that to be the person described and appointed the same. attorney-in-fact and by a certain limited power of attorney executed by PAMELA RANDOLPH dated May 24, 1994, and to be recorded simultaneously herewith in the Office of the Suffolk County Clerk and he acknowledged to me that he executed the foregoing instrtmie as the act of the sa d PAMELA RANDOLPH. s Y PUBLIC 'ORK, COUNTY OF as: JACQUELINE DONOHUE ...Aa, Fusuc, S1.1. a N. T.e lay of 19 , before me ,V.. alvsso, s.xen c.mmHdo. E.ED.E O witness to the foregoing instrument, with sonally acquainted, who, being by me duly ie and say that he resides at No. of mac ue Knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is sur'• corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, Lion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. joarpin ant bale lettt SECTION WITH COVENANT AG^AINs'I' GR N' OR's AC 1's TITLE NO. ~~tJ I BLOCK LOT PAMELA RANDOLPH, M.D. COUNTY OR TOWN TO SYLV IA DALEY Recorded At Request of First American Tide Insurance Company of New York RETURN BY MAIL TO: STANDARD FORM OF NEW YORK SOARD OF TITLE UNDERWRITERS Duhi6,Jed by CHRISTINE C. ANDERSON, ESQ. First American Title Insurance Company 218 Front Street of New York Greenport, NY 11944 t' Zip No. u~ . Z S ev 0 W M W V S F- SIT