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HomeMy WebLinkAbout6945 i q i e5t A-pp,,o O-ed W j Uwk 4 !a-c 11& b ,/� BOARD MEMBERS oiti�o®F S®!/,y- ` Southold Town Hall Leslie Kanes Weisman,Chairperson �� ® 53095 Main Road•P.O.Box 1179 ...< �® Southold,NY 11971-0959 Eric Dantesc Office Location: Gerard P.Goehringer i Town Annex/First Floor,Capital One Bank George Horning It; �®��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =`zeCCUNT,l'-e701‘ Southold,NY 11971 _fl I http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS ' '' 2C TOWN OF SOUTHOLD UL 2 5 2016 Tel.(631)765-1809•Fax(631)765-9064 - 'j , • u ho ovon C er FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 21,2016 ZBA APPLICATION: SPECIAL EXCEPTION: # 6945 APPLICANTS/OWNERS: James O'Hagan PROPERTY LOCATION: 1125 Windward Road, Orient,NY SCTM# 1000-14-02-30.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: Pursuant to the Suffolk County Administrative Code Sections A 14-14 to 23, referral of this application to the Suffolk County Department of Planning is not required. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION: The applicants request a Special Exception pursuant to Article III, Section 280- 13B, Subsection 14 of the Zoning Code, to operate a four (4) bedroom Bed and Breakfast within their existing single-family dwelling, accessory and incidental to their residential occupancy under the Building Department's Certificate of Occupancy#Z-33957 dated September 15, 2009 and Building permit#31929-Z dated April 20, 2006. The proposed four bedrooms for lodging and serving of breakfast to eight B & B casual,transient roomers will be located on the first and second floors. ADDITIONAL INFORMATION: The subject property is part of a minor subdivision consisting of 5 lots accessed from Main Road by a private dirt drive right of way (R.O.W). The subject property is the first of these five lots that are all accessed by the R.O.W. On May 4, 2016 the Board received a letter from a neighbor objecting to the proposed B&B on the grounds of public use of the limited points of access created by easements intended for the exclusive use of Windward Estates parcels, including 1.the dirt R.O.W. 2. A walking easement for beach access located on private property 3. A small section of beach to service Windward Road parcels also on private property, all of which are maintained by the Windward Road residents. An Amended Declaration of Covenants was filed on May 9, 2012 (Liber M00022581, Page 848) with the Suffolk County Clerk describing the residential beach access easement and stairwell, and restricting usage to residents of Windward Road Association, only. At the hearing the applicant testified that she buys beach passes for her renters and does not permit them to use the beach stairs. On July 20, 2016 the Board received a letter dated July 19, 2016 from David P. Leno, an attorney representing four of the Association members (Eskandar, LaFauci, Kougentakis, and Kuehn). In that letter he requested that the Board condition Page 2,July 21,2016 #6945, O'Hagan SCTM No. 1000-14-2-30.1 the Special Exception approval to include, inter alia, the limitation of the beach and beach stairs to Association members only, per the covenant signed by the applicant. A response to this letter from the applicant's attorney, Patricia Moore, Esq. was received on July 21, 2016. After consideration, the Board affirms the assertion by the applicant's attorney that the enforcement of Covenants and Restrictions is a civil matter unrelated to the proposed B&B use. Moreover, the neighbors' attorney did not submit evidence to the contrary. Other objections were based upon the fact that the owner had been renting out the house on various websites and was rarely in residence. This neighbor appeared before the Board at the hearing as did other neighbors who agreed with the objections. The owner/applicant testified that she and her husband's employment had changed and that both would be in full time residence working and commuting to work from their Orient home. The Board requested a copy of the applicant's deed which was received on May 9, 2016. AMENDED APPLICATION: At the hearing the Board discussed the number of proposed B&B guest bedrooms, based upon the layout of the first and second floors of the applicant's dwelling, and the necessity of maintaining a bedroom and bathroom for the private use of the owner applicants. The owner/applicants agreed to reduce the proposed number of guest bedrooms from four to three for lodging and serving breakfast to six B&B casual,transient roomers. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 5, 2016 and July 7, 2016, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, and upon review of the code requirements set forth pursuant to Article III, Section 280-13B(14) to establish an Accessory Bed and Breakfast, the Board finds that the applicant complies with the requirements for the reasons noted below: 1. James O'Hagan, the applicant herein, is the owner of the property located at 1125 Windward Road, Orient, NY. The property is 0.923 Acres and is located in an R-80 Zoning District. The property is improved with a 1-1/2 story frame house and garage as shown on the survey prepared by Nathan Taft Corwin III, L.S. dated April 30, 2003, last revised on February 19, 2016. . The owner/applicant submitted proof of residence ( a driver's license, tax return and property tax record) and will continue to occupy same as their principal residence while the Accessory Bed and Breakfast facility is managed and operated. 2. The applicant's plans, as amended, comply with the on-site parking requirements and provide for five parking spaces, two for the principal single-family use and one (1) for each of the Accessory Bed and Breakfast bedrooms as shown on the survey prepared by Nathan Taft Corwin III, L.S. dated April 30,2003, last revised on February 19,2016.. 3. The applicant complies with the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code 4. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent residential uses. The subject lot is one of five lots located in a minor subdivision accessed by a private dirt R.O.W.; and the B&B guest traffic will not adversely impact the other homes. Additionally, the applicant testified at the hearing that she does not permit her guests to use the beach stairs or beach that is subject to Covenants and Restrictions. Also, the applicant has installed landscape screening on her property to create visual privacy from neighboring properties. 5. The Special Exception is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. Page 3,July 21,2016 #6945,O'Hagan SCTM No. 1000-14-2-30.1 6. This accessory will not prevent the orderly and reasonable uses proposed or existing in adjacent use districts. 7. No evidence has been submitted to show that the safety, health, welfare, comfort, convenience or the order of the town will not be adversely affected. 8. This zoning use is authorized by the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory use may be occupied. 9. No adverse conditions were found after considering items listed under Section 280-142 and 280-143 of the Zoning Code. 10. Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Bed and Breakfast use. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried to GRANT the Special Exception permit for an Accessory Bed and Breakfast for three (3) guest bedrooms, to be used only in conjunction with the applicant-owner residence, as amended for and shown on the survey prepared by Nathan Taft Corwin III, L.S. dated April 30, 2003, last revised on February 19, 2016 and the floors plans of the 1st and 2"d floors, sheets A-03 and A-04, respectively, prepared by Dario Agarabi, R.A., last dated August 11, 2005 (Bldg. Dept. Submission). SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an operating permit and inspection by a Code Enforcement Officer from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 2. The applicant must submit an updated floor plan showing three(3)B &B guest bedrooms and the owner applicant's bedroom and bathroom. 3. All parking for B&B guests and the property owners shall be on site, per Town Code requirement 4. The applicant shall maintain the landscape screening existing on the subject property at the time of this decision. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE: This Special Exception permit cannot be transferred to new owners Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Page 4,July 21,2016 #6945, O'Hagan SCTM No. 1000-14-2-30.1 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted (5-0). , 1.t i, 1 I di', Leslie Kanes Weisman, Chairperson Approved for filing 7 / /2016 A-7 P.O, B o x 411 SOUTHOLD`, NEW YORK 11971 ( 631 )_ 765 - 3928 - (DDA ARCHITECTURE 2005 BILGO TO BASEMENT R EGK 'T'-6" L 8'-0" 8'-0" 'T'-6' 4'-2 1/2' a'-2 1/2" L L L _ 4'-a 1 4' 1/2" 1 1/2" 1/24 mwt 3 MM E E = I (3) ! zxqll /4" I 1 in V O O 4 12 i —•� - =o I I — I I , I II 4 I L L_ L� L_ C B GARA6E ICL& ( 3 O GLG HEIGHT 21-60 +IVIC U J" x ! x I I ABOVE LLLLL LL I `I I � � cv 1 n l l (GAR. GL6. I -LLL � L.L ! 1 1 t r, I = (f/ -. -� m I � I (VERIFY DOORL_ L_L_ O TO KIT. 0+ � �Z o Il� ApC 9 MEDIA; ROOG RAGE 1'* HEI&fl) _ L_ L_L_ ,I 0 v t r/ ' , o o I I I oi• , � _ r� s 6 AT ROOM o v 1 KI ITC o ! I o �o �'I o I o 5 n I r o 00 _ L. I xl +f7©O SQ�7 xt xl xl N 1 Z" x 6° I I -7 t p Y/ ll�l ��s r �� _ : s s F- I ) ✓ �n ® 16 O.G. cV o o ( L_ L�L_ L_0 m m m m ( I % _� x p. L_ L_L-- �---r � �� 1 �`1 �1 COVERED a I I = s L_ L_L_ L_ Hil_ I ` _ _ PORCH m ( V OB n L— L_ L. 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WINDOWS AND 6LASS DOORS TO BE MANUFACTURED BY ANDERSEN 1/4" = 1'4r € ALL DIMENSIONS ARE TO FAGS OF WOOD STUDS NO. MODEL # TYPE ROUGHWINDOW CORP - FINELIGW 6RILLES OPENING (W x H) LITES REMARKS 2• GLASS AT FRENCH DOORS,UNITS ABOVE WHIRLPOOL,AND ALL STAIRS,BALCONIES,AND LANDIN65 TO HAVE INTERIOR PARTITIONS TO BE 2" x 4' 4D. HANDRAIL O 36" A.F.F.(BOTH SIDES) AND STUDS O Ib" O.C.Yr/5/8' PTD.GYP. BD. O ALL UNITS WHERE 6LAZIN6 15 LESS THAN 18" A.F.F. A 2856 COTTAGE STYLE D.H. 2-10 1/8" x 5-a 1/4" 6 OVER 1 LITE PATTERN 3. HARDWARE - WINDOWS TO HAVE WHITE PULL5 AND LOCKS;SLIDING E ISSUE: BALUSTERS (OPEN END) O 4 1/2" O.G. BOTH SIDES HINGED DOOR HANDLES TO HAVE WHITE FIN151ES FINAL MAP ALL CLOSETS TO HAVE A M.POLE AND SHELF• 4. SCREENS - ALL OPERABLE UNITS TO HAVE INSECT SCREENS ALL 66" A.F.F. EXTERIOR WALLS TO BE 2" x 6' WD. STUDS B 2446 DOUBLE HUNG 2-5 5/8 x 4-a 1/4' b OVER I LITE PATTERN REVIEWED g Y gA 4/23/05 PRELIMINARY ALL BATHROOM SADDL:5 TO BE MARBLE O 16" O.G. K 5/8" PTD.GYP.BD.ON 5. 6A14 DOORS TO HAVE INSECT SCREENS ALL UNLABELED HEADERS TO BE (2) 2" x 10" INTERIOR,R-la BATT INSULATION BETVlIEEN G 2442 DOUBLE F146 2'-�5 5/6' x 41-5 1/4' 6 CVER 1 LITE PATTERN (5 GANGING AND MIRE PATTERNS - SEE ELEVATIONS FOR WINDOW SEE A-8 FOR STRAPPING INFO STUDS,AND CEDAR "PERFECTION" 5HIN&LE5 6ANGIN6, FIXED /OPERABLE OPERATION,ARRANGEMENT;AND MUNTIN r REVIEW W 5 1/2" WEATHER EXPOSURE OVER 15#FELT V * 2852 DOUBLE HUN6 2'-10 1/6" x 5'-5 1/4' b OVER I LITE PATTERN PATTERNS• GANGED ROUGH H OPE65 Pet FACTORY&AN611� SEE DECISION ## 6. 6.G.TO VERIFY ALL Rovc•�H oPENIN65 W/WINDOW MANUFACTURER7/11/05 PROGRESS PRINTS O PREFAB FIREPLACE W/STONE HEARTH. SIZE OPENING OVER 5/8 PLYWD SHEATHING OVER PRIOR TO ORDERIN6,FRAMING AND INSTALLATION DATED /2j_ , 3OAND FLUES AS REQUIRED. HEARTH SIZE T.B.D. STRAPPING MAILED TO STUDS) ON THE E 3812 DOUBLE HUN& 3'-10 1/8" x '1'-5 1/4' 12 OVER I LITE PATTERN ALIGN SILL OF 'E' WINDOW W/ 7. PROVIDE ALL JAMB t SILL EXTENSIONS A5 RE•RUIRED - G.G.TO 8/11/05 BLDG. DEPT. GIRDER TO RECEIVE POST FROM ABOVE. INSTALL 6" EXTERIOR- x 6" POST AT BOTH ENDS OF GIRDER. SILL OF 'D' WINDOW TO VERIFY 51ZE5 REQUIRED 4OINSTALL EXTERIOR PAINTED WOOD HAND RAIL AND NEW WINDOW DETERMINE HEAD HEIGHT 8. ALL WINDOWS AND EXTERIOR DOORS TO HAVE 3/4" PLYWOOD SUBMISSION BALUSTERS. TOP OF RAIL O 36 APP. W/BALUSTERS REMOVABLE HURRICANE PANELS W/#10 WD. 5GRE W5 O 12 O.G. O 4 1/2" O.G. F 3046 DOUBLE HUNG 3'-2 1/8' x 4'-a II/4" 8 OVER I LITE PATTERN ANCHORED TO EXTERIOR SHEATHING AS REQUIRED BY CODE OINSTALL HB4& 'CIRAFT5MAN' Ib"xa' PERMACA5T O NEN DOOR COLUMN. SEE ALSO NOTE#8 REGARDING INTERIOR G OSTRUCTURE O CONSTRUCTION NOTE 6 INSTALL SIMPSON SW22x8x6 GARAGE PORTAL H CW14 WOOD CASEMENT 2'-4 ?/8" x 4'-0 1/2" MOD. COLONIAL W/CHECK RAIL TIE-DOWN YY/(10) SDS 1/4x6 FASTENERS AND(2) O55TB28 HOLD DOWN ANCHOR BOLTS ® SMOKE: DETECTOR I A21 WOOD AWNING 2'-0 5/8" x 2'-0`5/6" 4 LITE PATTERN INSTALL 514PSON 5424X10-RF SHEARWALL TIE-DOWNS W/02) SDS 1/4x6 FASTENERS AND (2) CARBON MONOXIDE DETECTOR J OVL.2050 OVAL 2'-0 1/2" x 3'-0 1/2" DIAMOND LITES PATTERN SSTB25 ANCHOR BOLTS. Y O IMBED SIMPSM SERIES PB POST BASE INTO GONG. K FOOTING AND SECURE TO 5TRUCTURE ABOVE. POST SECTION OR DETAIL CONTINUOUS FROM 61RDER TO STRUCTURE ABOVE. INSTALL SIMPSON SERIES BG POST GAP O POST AND # L FWH6080 FRENCH DOOR b'-0' x 8'--0" 3 LITE SHORT FRACTIONAL GIRDER CONNECTION - DECKING TO BE INSTALLED AROUND POST AND CAP,NOT UNDER THEM. M # ELEVATION z 26111 BASEMENT WINDOW 2'-8 5/8" x 1'--1 1/4' BRICK MOLD * EGRET,.{ WINDOW DRAWING NO. Aorw% PERMIT SET OF A-7 P.O. Box 411 12'-4" 15'-6" 15'-b" S O U T H O L D , NEW YORK 11971 3 3 1/2" 3 1/2" 3 1/2" 631 ) 765 - 3928 13'-5" © DA ARCHITECTURE 2005 3 1/2" \ ON I I - - \ LL `� 1a10 10 ' + � � c cIT9 a -� \ / $ <S> 3'-61/2' 4'-0" GLS,. c4 A I G I 1 iv \ 0 old � ?v / o m I _ \ UNFIN SHED / SHELF V - \ # / 4 \ SPACE / I I O GL05. B DM I 1 II = O \ 5A 't LLLL I f4r nF LLL - QQ 10 H L L g \ / Liv 7 iv BEDROOM #3 m L L ® CATHEDRAL - - GEIUN6 LLL ,e„ - / I \ 7 a a 1 a � LLL / � � Q _ � X50 Sc� $lam � TH #2- �b�hYl') L NDING LLL_ O 10 O m V O O Q � \ I LLL -„ R # I LLLL _ co :/: IN6GEI/ MASHER DRYER - L - - _ 8 I I B F B O iO I" 8 31/2" 31/2" 12'-4" 4 10 - \ I C c C G - - - D E WI W p - -- - - , 3 I/2" 131-5" 3. Z 51/2, ir 15'-6" 15'-6" ♦ �.. � •� L C • � O ' A-7 �a r� RECEIVED JUL 9 2010 2nd FLOOR PLAN DRAWING: 1W=1* M41NO BOARD OF APPEALS 2nd FLOOR PLAN GON5TRUGTION NOTES DOOR SCHEDULE I UNLESS,OTHERWISE NOTED,ALL STAIRS, BALCONIES,AND LAWIN65 TO HAVE HANDRAIL ® SCALE: 36" GOTH 51DE5) AND BALUSTER-9(OPEN END) NO. SIZE HARDWARE REMARKS 2 UNLESS,OTHERWI5E NOTED,ALL CLOSETS TO HAVE A WD. POLE AND SHELF ® 66" A.F.F. 1 3'-0" x b'-b" ENTRY PRIVAGY'LOCK W/DEADBOLT MORSAN OR APPROVED EQ. 3 UNLE55 oTHERN15E NOTED,ALL BATHROOM W/51DELIGHT5 3 SADDLES TO BE MARBLE FINAL MA P 4 MLE55 OTHERWI5E NOTED, ALL OPENINGS TO BE TRA ISSUE: t CASED OPENINGS REVIEWED BY ZBA 3'-0" x 6'-b" ENTRY PRIVACY'LOCK W/DEADBOLT � ALL UNLABELM HEAVERS To BE 2) 2"�io SEE DECISION # 4/23/05 PRELIMINARY 6 PROVIDE PULL DOWN ACCESS STAIR IN CEILING 3 3'-0" x W-O" F.P.S.G. PRIVACY'LOCK I HOUR FIRE RATED DOOR W/CLOSER To ATnC SPACE I CHASE FOR BOILER,STOVE FLUE5. COORDINATE 4 3'-0" x 8'-0" PRIVACY'LOOK DATED � �� ��� REVIEW 517F REQUIRED W/HVAC CONTRACTOR 7 1/05 PROGRESS PRINTS 8 W x b" POST DOWN TO FLOOR/HEADER BELOW 5 2'-b" x b'-O" PA55AGE LATCH -- 8/11/05 BLDG. DEPT. 9 6" x 4" POST DOWN TO FLOOR/F EADER BELOW (� 2'-4" x 8'-0" PRIVACY'LOCK IO ALIGN SILL OF 'E WINDOW W/SILL OF 'D WINDOW TO DETERMINE HEAD HEIGHT OF 'E' SUBMISSION 7 2'-b" x b'-b" PRIVACY'LOCK i ''� n �,,-- ,.- 8 2'-6" x 6'-b" PRIVACY'LOCK �� 5I ��_Poo 0 J ( !) ,C , 7 Q 2'-0" x b'-b" PRIVACY'LOCK 10 2'-0" x b'-b" PASSAGE LATOi II (2) 2'-0" x 6'-8" CATCH LIATGH W/ DUMMY TRIM � A9c ' IQ 3'-0" x 6'-b" PA55A6E LATCH � o a 20 15'-0" X'1'-O" LARGE DOORS W/OL05M � OF NEIN DRAWING NO. A. 04 PERMIT SET • OF i I SURVEY OF PROPERTY ' LOT® € z SITUATED AT ORIENT I 275.39' ^ 0.3NE0.7`W. TOWN OF SOUTHOLD 99 FENCE .L CHAIN LINK FENCE FOUND SUFFOLK COUNTY, NEW YORK N 86�29'40 E PIPE S.C. TAX No. 1000-14-02-30. 1 FOPPE I I W SCALE 1 "=30' IN O APRIL 30, 2003 Z NOVEMBER 2006 MARCH 22 B 2007 AFOUNDATION LOCATION ADDED PROPOSED SEPTIC I NOVEMBER 7, 2007 FINAL SURVEY O I ryyti �s W ?. Eg FEBRUARY 19, 2016 ADD PARKING SPACES (;40 O - ---1----- ?� �_ yo �� �a � AREA = 40,194 sq. ft. 0.923 ac. N p 18• O r ��VL. 2 OWNER P- ARKG PARKING SPACES y� ,.np C b CVRg�NG Ayr O' ry6 9�„ �'r• LOT 5Q to Ixj ,� I g�OG I tic0G O �1 d v5 GRpvO- 90�� Q�.���,s. G�, ,y0 �c. a►►�a 't1 Z�►�" ' PESO 0 5 � $��, �\ y ocK�Rg\N O crN d, ti c9� 94.7* __———— CERTIFIED T0: y'� o p '4 I �a+ 9 0 9 cP __-- LQ N g ,� M I gE�G� 0 9 ��ba y ��, _ _ _ JAMES 0 HAGAN . d. rye. O � :4_4 WELL I+ ' FOUND 60 T.V. I I PPE 0 I ELECTRIC MANHOLE 286.76' 300NOTES: . FOUND PIPE 1. LOT NUMBERS SHOWN THUS LOT 05 REFER TO MAP OF MINOR S I 6.29'40" W LOT SUBDIVISION MADE FOR FRANK STILLO 0 N 2. LOT NUMBERS SHOWN THUS LOT 2] REFER TO MAP OF MINOR Z SUBDIVISION MADE FOR PETER SLEDJESKI O � W W I W O I O ct F Y ZBco A � I � I y I � o O I N LOT Q w 9„ '21o I cD0 OZ 3 z cc a 301 �C, c 0 ?o UNAUTHORIZED ALTERATION OR ADDITION (V TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE O EDUCATION LAW. ,a/rjCOPIES OF THIS SURVEY MAP NOT BEARING q� THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. �� I�EC'EIVE-91 CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY / 0 C . p IS PREPARED, AND ON HIS BEHALF TO THE �,j�Y� `�� � �(��� TITLE COMPANY, GOVERNMENTAL AGENCY AND A 'Y 6 / (��/ TONDING THE ASSIGNEES OF THE LENDING INSTION LISTED HEREON. D- (1Y/ 4�J ZONING BOARD OF APPEALS O� 4TUITION. CERTIRCATIONS ARE NOT TRANSFERABLE. w THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS TITLE AND SURVEYS ASD ADOPTED Nathan Taft Corwin l l l FORTHE H A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY�it1E`1VEW"'YORK STATE LAND TITLE ASSOCIA �N,,,Or` NC_p, }a, Land Surveyor Title Surveys — Subdivisions — Site Plans — Construction Layout l �•- r.* �. t PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 322 Roanoke Avenue P.O. Box 1931 N.Y.S. Lic. No. 50467 Riverhead, New York 11901 Riverhead, New York 11901-0965 R P ZONING BOARD OF APPEALS RECEYVED TOWN OF SOUTHOLD,NEW YORK MAR & Phone(631)765-1809 (631)765-9064 20�� ACCESSORY BED and BREAKFAST IN EXISTING DWELLING ZQNING 130ARA QF App APPLICATION FOR SPECIAL EXCEPTION Application No Date Filed TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: Applicant(s), 'J" I'7 n!Ls 0 ' '6 f�" 'fid' of Parcel Location: House No. 1/2S Street �JPV00A-qD j204OHamlet 0K1kAJTJ Contact phone numbers: ( C 3 J) 10s— 6 L 9`2, SCTM 1000 Section 10 n 0 Block I—Lot(s) 0 Z 40 Lot Size O+ Zone District W 19GD Aeu hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE III,SECTION 280 ,SUBSECT�I/ON 13(B)14 for the following uses and purposes:�j, +-W4�K S� "f 1��2Cbl✓�S as shown on the attached survey/site plan drawn to scale. A. Statement of Ownership and Interest: 41 0 fb-'AG- is(are)the owner(s)of property known and referred to as ZS— Lj 1 h10LJA-0-? 1 o 621 fij� (House No.,Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000,Section ,Block Lot �`� ,and shown on the attached deed. n � The above-described property was acquired by the owner on A/4� a f' 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 therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: 80 0e, CUpt�v'y FbW- 140C �1 "&ffiJ. C. In addition to meeting the standards prescribed by the zoning ordinance,the following requirements will be met: 1. The accessory B&B will be located only in the principal dwelling. 2. The owner of the premises shall occupy the existing single-family dwelling unit as the owners'principal residence. 3. A smoke alarm shall be provided on each floor and in every guest room. A fire safety notice shall be affixed to the occupied side of the entrance door of each bedroom for B&B use indicating; 1)means of egress,2)location of means for transmitting fire alarms,if any;and 3) evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detecting or other alarm device. 4. No sleeping rooms for B&B use shall be located above the second story. 5. The dwelling shall have at least two(2)exits and there shall be a window to code to provide emergency egress in every sleeping room for B&B use. Means of egress shall include at least one of the following alternatives: 1)A portable escape ladder that attached securely to the sill, shall be provided for second story rooms for B&B use,constructed with rigid rungs designed to stand off from the building wall,it shall be capable of sustaining a minimum load of 1,000 pounds,and shall extend to and provide unobstructed egress to open space at grade,2)an exterior stair per code,3)or limited area sprinkler system per code. 6. There shall be no exterior signage identifying the use as a Bed and Breakfast in residential areas. 7. No accessory apartment,as authorized by Section 280-13(B)(14), shall be permitted in or on premises for which a Bed and Breakfast is authorized or exists. 8. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Compliance annually. 9. The existing building,together with this Bed and Breakfast,shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. 10. This conversion for the Bed and Breakfast shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. Th property which is the subject of this application is zoned W[01VM� and [ - has not changed since the issuance of the Certificate of Occupancy attached. [ ]has changed or received additional building permits,and Certificates of Occupancy for these changes are attached or will be furnished. aa;,-t4 v-� (Signature) COUNTY OF SUFFOLK) STATE OF NEW YORK)ss.: LORRAINE MACCHIO Notary Public, State of New York Sworn to before me this_Jday No. 01MA6150637 of Fe- 20j. Qualified in Suffolk County Commission Expires August 7, 2018 MAR Zt�16 (Notary Public) ZONING BOARD OF APPEALS 3/12 1 C ` QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the sub'ect pre . e listed on the real estate market for sale? Y s No B. Ar ere any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? tv 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk he^aqed between the wetlands,area and the upland building area? NO 4.)If your property contains wetlands or pond areas,have o contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the areaop�rposed construction at or below five feet above mean sea level? /�,V 1 E. Are there any patios,concrete barriers,bulkheads {fences that exist that are not shown on the survey that you are submitting? /"`'" Please show area of the structures on a diagram if any exist or state none on the above line. n F. Do you have any construction taking place at this time concerning your premises? ,tY O If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. �/ H. Do you or any co-owner also own other land adjoining or close to this parcel? ' " o If yes,please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel and the proposed use 0&JA &L 0 CCAu'140 &W 6-9 (ex:existing single family,proposed same with 9/z' .1 O garage,pool or other) � T Authorized signatureland Date RECEIVED MAR 11 2016 ZONIIYG BOARD OF APPEALS r.•orp cQ ;. Town of Southold 3/30/2016 P.O. Box 1179 W 53095 Main Rd Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 38188 Date: 3/30/2016 THIS CERTIFIES that the building OTHER Location of Property: 235 Rogers Rd., Southold SCTM#: 473889 Sec/Block/Lot: 66.-2-23 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 2/12/2016 pursuant to which Building Permit No. 40471 dated 2/18/2016 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: OUTDOOR SHOWER STALL TO AN EXISTING ACCESSORY GARAGE, AS APPLIED FOR The certificate is issued to Kalman,Howard of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 40471 03-29-2016 PLUMBERS CERTIFICATION DATED 03-27-2016 Walter Marczewski > f f 0 riled Si nature RECEIVED AGRICULTURAL DATA STATEMENT MAR 1 1 2016 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM. The form must be completed by,the applicant for any special use permi4 site plan approval, use variance,or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district.All applications requiring an agricultural data " statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Lax. 1)Name of Applican. eS n -e Q_ 2)Address of Applicant: V, h L OL 3)Name of Land (it other than applicant) : 4)Address of Land Owner: n 5)Description of Proposed Project: .q apP q-.66C gr- 6)Location of Property(road and tax map number): 7)Is the parcel within an agricultural district? WNo ❑Yes If yes,Agricultural District Number Is this parcel actively fartiied? 0 N ❑Yes 9) Name and 'address -of, any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet df the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. 3. 4. 5.- 6. (Please use back side of page if more-than six property owners are identified.) The lot numbers maybe obtained,in advance,when requested from the Office of the Planning Board at 765- 1938 oT the Zoning Board of Appeals at 765-1809. Signature of A lic ani Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.The'clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners' identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 / 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION To be completed by A licant or Project Sponsor) 1. APPLICANT/SP, SOR 2. PROJECT NAME OrUpvrm 3. PROJECT LOCATION: � Municipality 7S ww�gwWP V-Q� County 0r24riJF Imo" 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 5_ PROPOSED ACTION IS: F] New ❑ Expansion Modification/alteration ( f 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED. _ 0 Initially acres Ultimately acres 9V ) A- 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes n No If No,describe briefly 9. WHATI RESENT LAND USE IN VICINITY OF PROJECT? Residential M Industrial Commercial F]Agriculture [:] Park/ForesUOpen Space E] Other Describe: 10. DOES ACTION INVOLV A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR OCAL)? F1 Yes No If Yes,list agency(s)name and permit/approvals: 11. DOES ANY ASPECT O THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E]Yes No If Yes,list agency(s)name and penniUapprovals: 12. AS A RESULT OFPR OSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E] Yes LvjNo j I CERTIFY THAT THEFORM IO P VIDED ABO IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: 12,& Signature: �`— If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceec(iqg this assessment OVER/ 1 MAR 1 2016 �7`7.�R�tI U ZONING BOARD OF APPEALS fI I PART If- IMPACT ASSESSMENT o be completed by Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes 1No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may bsuperseded by another involved agency. 0 Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING-(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: 0^ C2 Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly, 9L) C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly. 0� C4 A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly NO C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly. 00 C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. v D. WILL THE PROJ T HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENT L AREA(CEA)? Yes No If Yes,explain briefly: E. IS THERE,OR I HERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and (f)magnitude. If necessary,add attachments or reference supporting materials Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance mustevaluate the potential impactof the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) RECEIVED (l� I MAR 1 2016 I 46t ZONING BOARD OF APPEALS 1� 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: - K 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: / 1 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES . completed)for hazardous waste? If Yes,describe: 1 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicants onsor name: Date Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" Vittro=Ks;`'. �.''q' ri'>>` .F.`.N,a c;1.'"r'.J.a,..•...Y✓q 1'pA"%'`'°•S:`:�r;l`s.;:,'�:.::' a5�:`i:S^ •:4;,hti `t3:'iy'. ii::s.. , �,.;:•<,c>��.: •;,, �T�;,. �.>:: r.��"+."k��; `°Y�=`� .x.E�,�, :.�:.w:�r,<<rv:,:Ai. ;L>�., ;� = No,or Moderate ;.,*ms'``s,'..,;�?'i r:a„g;ds�:;; "�.::"'v^:�..4',�,:,{-e.;,, ..+r,'?U.i�`.a,:'r<+w.'ti: y.{�`h•+�:`'«3.. ,:y..<.:';.Ly'E``'.'J,i�s:',.;.'..,.r,,..�.xc ^T. .ew l"`Z..i. R�M 4'�>: s`}�-.,ihzz:lai{i i.g.^')w.:er!<r r'P'S..� .»r;i'."!�'�,t, rli'';1-x _•..t -�I^.�`!. ,;�.' 'R ;: ;;f; small to large :.(,.<.'?afs J."' .4dt,. �':`,"• G'`>'le'� °..Net.t-: "•�" >). �4t''1'�`" t^a` '.i�.w q<a:iia✓,.:rv'. 4i3',rd ss A.', `4 ' r ''.' d}Y .,..r �.''i,t. ";.Ft. N.✓'::. j, v4:• �'��'=• ;.r 3'r impact impact .�.s+ ;��,-_e;'e:°';✓,,?';i�. ':`.3= ':>, - .1�..,^ 4 x �L='^<. '�.:=5•'1'�'''s'`" "- T,;"A=^' P yso:'` 1'�.,�•1'•.q'a S.';_.w ;+�y ..'.. riU,,.i.....'E',,.;i",ai _ 'd.:.,':i �„ %''.'=.i �s<:;t",c: r, n?,� '�'�. taw:;_:�i::,:.k.. ?c.�"".r,a...�.5.„t r°•--JS; ?�.. ma ::�Lr a. ,�sei., v.Il, '.P`'r.,r.3('�;,5"r:. ...r'.': {r• rrt.s=:..?..> .,,'^�r5,::�. i.J'I"r.:z��. y may occur occur 1. regulations? the proposed action create a material conflict with an adopted land use plan or zoning > regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, RECEIVE waterbodies,groundwater,air quality,flora and fauna)? WA 1 Page 3 of 4 ZONING BOARD OF APPEALS = No,or Moderate `< small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED MAR 11 2016 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 f APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the cart of town officers and emnlovees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME•• U 1 �TV�'l'� j�� (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECEIVED lL3 TYPE OF APPLICATION:(Check all that Apply) / 1 Tax grievance Building Permit �A� �0�� Variance Trustee it Change of Zone Coastal Eros7 ��ING iion BOARD 0P APPEALS Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,' which the town officer or employee has even a partial ownership of(or employment by)a corporation in hich the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this NMda 20 Signature / LORRAINE MACCHIO 11otary Public, State of New York Print Name J�yf✓J Q � -( No. 01MA6150637 Qualified in Suffolk County Commission Expires August 7, 2018 a/jq //6 FORM NO. 4 j TOWN OF SOUTHOLD PECEIVEO BUILDING DEPARTMENT Office of the Building Inspector MAR 11 2016 Town Hall Southold, N.Y. ZONING 80APp _ OF APPSALS CERTIFICATE OF OCCUPANCY No: Z-33957 Date: 09/15/09 THIS CERTIFIES that the building NEW DWELLING Location of Property: 1125 WINDWARD RD ORIENT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 14 Block 2 Lot 30.1 Subdivision Filed Map No. Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 6, 2006 pursuant to which Building Permit No. 31929-Z dated APRIL 20, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH COVERED PORCHES, REAR DECK AND ATTACHED TWO CAR GARAGE AS APPLIED FOR. The certificate is issued to JAMES O'HAGAN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R120-05-0065 11/28/07 ELECTRICAL CERTIFICATE NO_ 3028122 12/19/07 PLUMBERS CERTIFICATION DATED 12/05/07 SHOREHAM PLUMBING Au ize Signa ure Rev. 1/81 . *, "° CC# : C16-5626 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 10/15/2001 under Liber D00012146 and Page 996 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/10/2016 r SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL 'r RECEIVED MAR 1 1 2016 ZONING BOARD OF APPEALS 1 Illlill Illl 1[I[l[1111 IIIII 11[11 Illll Illll 1111!I[il IIII 1111111111!1111![III IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/15/2001 Number of Pages: 3 At: 10:04:49 AM TRANSFER TAX NUMBER: 01-10306 LIBER: D00012146 PAGE: 996 District: Section: Block: Lot: 1000 014.00 02.00 030.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $130,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO EA-CTY $5.00 NO EA-STATE $25.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $15.00 NO SCTM $0.00 NO Transfer tax $520.00 NO Comm.Pres $1,100.00 NO Fees Paid $1.,689.00 TRANSFER TAX NUMBER: 01-10306 THIS PAGE IS A PART OF THE INSTRUMENT' Edward P.Romaine County Clerk, Suffolk County R CE D MAR 1 1 2016 ZONING BOARD OF APPEALS 1 2 3 Nufttber of pages RECORDED RDED TORRENS 2001 Oct 15 10:04:49 R9 Edward P.Romaine Serial CLERK OF SUFFOLK COUNTS' Certificate R L D00012146 P 990 Prior CIE 4 D-14 01-10306 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page!Filing Fee / Mortgage Amt. Handling L2 —— 1.Basic Tax TP-584 2.Additional Tax Notation C Sub Total EA-52 17(County) S/'� Sub Total Spec./Assit. Or EA-5217(State) e�'t'7 , Spec./Add. R.P.T.S.A. �'V v ;ri 'ry��y TOT.MTG.TAX Comfit.of Ed. 5 00 Dual Town Dual County Held for Apporttonmen Affidavit d Transfer Tax r Certified Copy }%;(D Mansion Tax The property covered by this mortgage is of Reg.Copy (fi` will be improved by a one or two family Sub Total dwelling only. Other YES or NO GRAND TOTAL If NO,see appropriate tax clause on page 9 of this instrument. PQ Real Property Tax Service Agency Verification 6 Comruunity Preservation Fund eotnvr, Dist. Section B lock Lot Consideration Amount. $ CC-0 Sta oaa rte, x�O6 a 5%. CPF Tax Due $ l/ 14a 'D/ Improved Initia'/11-- Vacant land 71 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD _ RECORD&RrrURN TO: TD O Go 111,77/ s Title Company Information_ Co Name C / C X60 '—er --c•, Title $ter— Oa �/���Y Suffolk County Recording & Endorsement Pae RECEIVE/D/ This page forms part of the attached bl�� 1 made by: (SPF.CIFY'I'YPE-OFINSTRUMENT) y LIAR 11 2010 C A 2`' t!A�� � riles 'Ihc remises herein is situated in _ p ZONING BOARD OF APPEALS Feg— L-a Zvi!.Ua �C� SUFFOLK COUNTY,NEW YORK To / Itt ttte Township of S�s L� ,T,4 �!/ja��' d '�(4 CIf-X In the VILLAGE or HAMLET of Q/z 130,X'.S 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING. (OVER) w. r f Dear Taxpayen Your satisfaction of mortgage has been filed in my office and I am oncIosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you`wiil now need IQ contact your local Town Jax Receiver so thlt��ouirnly be billed directly for all future property tax hWS. Local property taxes are payable twice a year: on or before January 1011'and on or before May 31" Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. - Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631)957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island'rown Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 7.19-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of'raxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.X. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington. N.Y. 11743 Southampton. N.Y. 11968 (631)351-3217 (631) 283-6514 Islip Town Receiver of Tates Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, &Uudt � s Edward P. Romaine Suffolk Countv Clerk dw / 2/99 RECEIVED MAR 11 2016 ZONING BOARD OF APPEALS .z•um; nrn.r 1, ' I Forn1 RIK12 19/))1))-201 •-Birt:Jlrl,Ind S It'•I kvd,will('U,enJnh igain,I w Corporation. t<ingle.heel I- CONSULT YOUR LAWYER BEFORE SIONINO THIS INSTRUMENT—THIS INSTRUMENT SNOULD BE USED BY LAWYERS ONLY. lZ o THIS INDENTURE,made the oday of / V� r Qv Two Thousand and One BETWEEN CARL VALENTINO and JENNIFER VALENTINO, his wife, both residing at 56 Glen Cove Road, Glen Head, N.Y. 11545 i party ol'the first part,and JAMES OtHAGAN, residing at 1080 Corey Creek Lane, Southold, N.Y. 11971 party of the second part, t WITNESSETH,that the party of the first par(,in consideration of ten dollar,and other valuable consideration paid by j the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successor and I assigns of the party of the second part forever, i �i ALL that certain plot,piece or parcol of land,with the building.,,and improvements thereon erected,situate.lying and being in the Orient,Town of Southold,County of Suffolk and State of New York more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Main Road, said point being where the i easterly boundary of other lands now or formerly of Brokaw and the westerly boundary of lands now or formerly of Sledjeski intersects the northerly line of Main Road,and District from said point of beginning; 1000 RUNNING north 23 degrees 00 minutes 00 seconds east 220.13 feet; RUNNING thence north 03 degrees 30 minutes 20 seconds west 145.83 feet to the true Section or actual point of beginning;and from said true point of beginning; 014.00 RUNNING thence north 03 degrees 30 minutes 20 seconds west 143.0 feet; Block RUNNING thence north 86 degrees 29 minutes 40 seconds east 275.39 feet to lands 02.00 now or formerly of Pappas; RUNNING thence along said lands now or formerly of Pappas south 08 degrees 03 Lot minutes 00 seconds east 143.45 feet; 030.001 RUNNING thence south 86 degrees 29 minutes 40 seconds west 288.76 feet to the true i or actual point of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 10(22/98 and recorded in the Office of the Clerk of Suffolk County on 11/20/98 in Liber 11929 at Page 957. ) TOOPTHER with all right,title and Interest•tl'any,of the party ol'the first part,in and to any street':end roads ahu,dng the uhotc-described premises tit the Center/logy lhereal';'I'OGIs'I'HLR Leith rho appurtenances and all the estate and rights of ihr party ol'the lir st pug t in and to said preinkes;,R)HAVE AND TO HOLD the premises herein grantrd unto the party at rhe.cc(md part•the heirs or successors and assigns of the pnrty of the second p,w forever AND the party ur the first part covenants that the party of the ttrst part has not dime or Null Cred on)thin,whereby lite said premises have been encumbered in any ttuy whatever,except as cdoresaid. I / AND the party-it the Inst parr,in compliance with Section 13 ott• f the Lica l_a ,rotrnanh that the p.uly nCthc ifirst part will reeett'c the consideration for Ihts conveyance and will held the right to receive such consider- ation us a trust fund ro he applied lir<t for the purpose of paying the cast of the improvement and will apply I the came first to the payment of the cost of the impioveutent before usin.-any part of the wtal of the same for any other purpo<o. RECEIVED The word"party"shall he Lonsuued as it it read"purtte%'whenever the sense oi'this indenture<o requires. MAR D G IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year lust ahme HIj 11 20,f� written. IN %I nl. ZONING BOARD OF APPEALS NItLCI I Valenti yYo nn.1 a en it o r Acknowledgement taken in New York State Acknowledgement taken in New York State State of New York,Coun�t�y of Suffolk ss: Stato of New York,County of ss: On the day of)iG ' in the year 200•'Ibefore me. On the day of In the year before me. the undersigned,personally appeared the undersigned•personally appeared Carl Valentino & Jennifer Valentino• personally known to mo or proved to me on the basis of I personally known to me or proved to me'on the basis of satisfactory evidence to be the individ6al(s)whose name(s) is satisfactory evidence to be the individua(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s)or the person upon behalf of which instrument,the individual(s)or the person upon behalf of which the individual(s)acted,executed the instrument. the individual(s)acted,executed the instrument. l MICHELE MAISCOLA Notary Public,State of New York No.4948698 Qualified in Suffolk County Commission Expires March 20.A d 0� Acknowledgement by Subscribing Witness taken in New Acknowledgement taken outside New York State York State . i State of New York,County of ss: i 'State of County of ss: '(or insert District of Columbia;Territory.Possession or Foiei6h Couritry)" 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 personally known to me or proved to me on the basis of depose and say,that he/she/they reside(s)in satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to that he/she/they know(s) me that he/she/they executed the same in his/her/their to be the Individual described in and who executed the capacity(ies), that by his/her/their signature(s) on the foregoing instrument;that said subscribing witness was instrument,the Individual(s)or the person upon behalf of which present and saw said the individual(s) acted,executed the instrument•and that such ` execute the same; and that said-witness at the same time Individual made such appearance before tho undersigned in the subscribed his/heritheir name(s)as a witness thereto, (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Title No.:_� SECTION 014.00 Carl Valentino and BLOCK 02.00 Jennifer Valentino, his wife LOT 030.001 TO COUNTY OR TOWN James O'Hagan _ —RETURN BY MAILTO: Mr. James O'Hagan 1080 Corey Creek Lane Distributed by i Southold, N.Y. 11971 I Chicago Title Insurance Company Zip No LU LL I WRE.CEIVEO a '0 71 W i t ,D O P o MAR m u 1 I W m y ZONING BOp,RD OF p,PPEALS µ W • � I,• I W - \ \\ RECEIVED MAR Y 2010 ZONING BOARD OF \\� � APPEALS w v. _ F err 5 i rT , A • •d Y Y Y r� may• 4 � � { v rr ?ArcL fir.X1H'i'F/tk .' Vit•. � "� � a, v`, - �., � t� �1 - RECEIVED MAR 1 1 2016 ZONING BOARD OF APPEALS JAM s �� y f A. � porn: ...: �i ECS ZONING BOARD OF APPEALS K i �p � x At* i&PW C-) -1 TOWN"'m OF SOUTHOLD- PROPERTY RECORD CARD CIO � -:"- a y g1.9 OWNER r STREET VILLAGE DIST.1 SUB. LOT 7 T S 4 ka FORM_ ER,OWNER S z ,TNj• :5 i'C-n- N J E ACR. c '3 S W TYPE OF BUILDING 5 At,(c +M /) RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS dz-.6 P 17) S) 0 wlk /h 0 412C01 1,q1ZZ.1q r, L 119Z�,oc4i h Vp 0 le", 4o N12- L -716 0 9 -\Ia hnQ A _�n/ Vr,/,o &Ler, i V,-)q 01C7 ko 09116 - op RECEIVEU MAR 112016 ZONING BOARD OF APPEALS Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD 4 o Meadowland DEPTH House Plot BULKHEAD Total � r `. }� ■■■■■■■■���■e■■ ■ ■Ila rG MMM- 0101 ERIE NOWNEEMENUMEN 3y n x Yw iw *- - Me � ■■■■■■®■��■■�i�■■■■■ r �� � � .� - ��.; � ��� � : . _ ._. ■ ■����■■■■■■■■■■■■fecal .....�.�......�. --.. . - � til � �®® • �IC�l17i1itiLih IMP OEM I11� • Rooms 1st Floor i ®�®gt1FFOL.4►c® ELIZABETH A.NEVILLE,MMC �� <ly Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CCA . � Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �0� :�`�® Telephone(631)765-1800 www•southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 21, 2016 RE: Zoning Appeal No. 6945 Transmitted herewith is Zoning Appeals No. 6945 for James O'Hagan-The Application to the Southold Town Zoning Board of Appeals for an Accessory Bed and Breakfast in Existing Dwelling. Also enclosed is the Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form,Applicant/Owner Transactional Disclosure Form from James J. O'Hagan, Certificate of Occupancy for No. Z-33957,A Copy of James O'Hagan's Driver's License, A Copy of James O'Hagan and Renee Murray's 2014 Income Tax Return, 6 Page Copy of the Deed, 4 Pages of Photos, Property Record Card, Survey, 2 Pages of Drawings of the First Floor Plan and the Second Floor Plan. * * * RECEIPT * * * Date: 03/18/1.6 Receipt#: 201647 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6945 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#9102045180 $750.00 O'hagan,James Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: O'hagan, James 1125 Windward Rd Orient, NY 11957 Clerk ID: SABRINA Intemal ID:6945 r 1 PATRICIA C. MOORS JUL 2 1203 Attorney at law 51020 Main Road Southold,New York 11971 �• --- Tel:(631)765-4330 Fax:(631)765-4643 July 21, 2016 Town of Southold Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Attn: Leslie Kanes Weisman, Chairperson and Board members By email and hand deliver Re: B&B application #6945 SCTM# 1000-14-2-30.1 Dear Chairperson Weisman and Board members: In response to the letter submitted by Attorney David P. Leno on behalf of his clients, the letter does not raise new issues of facts or a dispute of the applicable law. During the hearing, the Board asked the applicant if the B&B could be limited to three rooms, rather than the 4 rooms requested. If the Board feels it necessary, ,this limitation was acceptable to the applicant as "alternative relief' and significantly mitigates the neighbor's complaints. We would merely request that the approval for 3 bedrooms be "without prejudice"to seek approval for additional bedrooms in the future, or as may be permitted in the Town Code. As to the neighbor's requested conditions: 1, My client will operate the B&B in accordance with the Town's regulations. The permit process assures compliance. We would object to modifying the regulatory requirements through the Board's decision. 2. The beach access is a private covenant. As we discussed at the public hearing, the neighbors wish to make the Town of Southold the enforcement mechanism of private covenants. The language of the covenants is subject to interpretation and may not be enforceable by the neighbors. Asa matter of Law, theldwri,of Southold does not intervene in private property disputes; This would resuff in the use of public funds (i.e,.,enforcement) for a private civil cause of action. 3. The application requires the applicant to show adequate parking on premises: This has been shown. If written into the decision as a condition, as the neighbor's have requested, code enforcement or the Southold Town police will be called to enforce parking on the right of way. Since there are several homes which have the right to use the right of way and there is no prohibition in the deeds that prevent any home owner or their guest (or their landscaper) from parking along the right of way, this condition could result in an inappropriate use of the Town resources for,parking enforcement. 4. The applicants have planted additional mature evergreens. The applicants also wish to maintain privacy, Given the possible unreasonable expectations and demands made by the neighbors to date, my concern would be what is "proper screening". The properties are large, the subject lot has been landscaped. "Proper" screening has already been planted. If the Board wants to add as a condition that the existing landscaping will be maintained, that is already the owners intention. 5. The applicant will comply with whatever the law requires of a B&B owner. We would object to superfluous conditions. We respectfully request that the Board grant the Special Exception, as applied. If approved for three bedrooms rather than for 4 bedrooms, then this approval be granted "without prejudice"to apply for additional bedrooms in accordance with the Town Coder Your expedited review is requested since the B&B rentals is primarily seasonal. Thank you for-your consideration. atricia C. Moore c; David P. Leno Esq:(by email) James O'Hagen & Renee Murray rR1.VK1 N RADLEW WWW RIVKINRADLER COM ATTORNEYS AT LAW vie"-1- 7��o-?t10 DAVID P. LENO L 2 0 2016 PARTNER (516) 357-3411 david lenoC@rivkin com July 19, 2016 VIA FEDERAL EXPRESS AND ELECTRONIC MAIL Town of Southold Zoning Board of Appeals 54375 Main Road Southold,New York 11957 Attn: Leslie Kanes Weisman, Chairperson Re: James O'Hagen#6945 ("Applicant") Application for Special Exception Under Article 3 Section 280-13B(14) ("Application") Premises Location: 1125 Windward Road, Orient,New York Suffolk County Tax Map No.: 1000-14-2-30.1 RR File No.: 5315-1 Dear Chairperson Weisman: As you know, this office represents the Kuehn, Eskandar, LaFauci and D. Kougentakis families in opposition to the above-referenced application. These families represent four(4) of the six (6) houses on the private road cul-de-sac where the Premises location is also located. At the last hearing of the Town of Southold Board of Zoning Appeals ("Board of Appeals"), I was handed a copy of the Memorandum of Law in Support of the Application prepared by Patricia C. Moore. While it is not productive to address every point raised in the memorandum, I believe that it is important for the Board to focus its attention on the following items: As stated in prior letters, and in testimony before the Board of Appeals, the families in opposition believe that a bed and breakfast is inappropriate in such a small private community. 'The Board of Appeals has a duty to impose reasonable conditions on the granting of an application in an effort to minimize impact on the surrounding neighbors. In this instance, it is clear that based on the positioning of the homes and the overwhelming opposition of the conversion of one of the,homes into a bed and breakfast, in the event the Application is granted, conditions must be imposed to protect the safety and wellbeing of the surrounding neighbors. As discussed at the hearing, the Board of Appeals did consider certain conditions to be imposed and we hereby request that the Board of Appeals require the following conditions: 926 RXR Plaza 477 Madison Avenue 21 Main Street, Court Plaza South Uniondale, NY 11556-0926 New York, NY 10022-5843 West Wing, Suite 158 T 516.357.3000 F 516.357.3333 T212.455.9555 F212.687.9044 Hackensack, NJ 07601-7021 T 201.287.2460 F 201.489.0495 11rRivKI N RADLER ATTORNEYS AT LAW Town of Southold Zoning Board of Appeals July 19, 2016 Page 2 1. The reduction of the amount of bedrooms that are available for bed and breakfast services. The number of bedrooms proposed at the Premises Location would be excessive in light of the residence structure, the size of the property and proximity to the neighbors. In addition, we request that the Board of Appeals curtail the applicant's ability to rent up to "ten casual and transient roomers" as set forth in the definition of a bed and breakfast in the Town of Southold Zoning Code and limit the amount of renters to no more than six (6) casual and transient roomers. 2. The Board of Appeals should condition this Application upon the continued non-use of the beach stairs (such use being a breach of the filed covenant signed by Applicant) by the renters of the Applicant. Based on the Applicant's own testimony, she does not allow her renters to utilize the beach stairs at any time. She further elaborated that she buys beach passes for her renters and recommends that they attend the nearby state beaches. Accordingly, it should not be a burden for the Applicant to enforce the obligation set forth in the easement that her house is subject to that no tenants shall traverse the Eskandar property; use the beach stairs or otherwise utilize the Eskandar property including the beach portion. 3. The Applicant shall not allow the parking of any vehicles on any portion of the private road. As discussed at the last hearing, there is insufficient width along the southern portion of the roadway for fire apparatus and other vehicles to get to the homes in the cul-de-sac in the event the Applicant or Applicant's guest is parked on the private road. 4. The Applicant should maintain the installed proper screening and have an ongoing obligation to maintain them so as to minimize any impact on the adjoining neighbors. 5. The validity of any license is subject to Applicant remaining a full time resident in the Premises Location. While we stand by the position that this Application is: 1) out of character with the neighborhood; 2) a burden on the quiet enjoyment of the neighboring properties; 3) an increase to owner's liability and maintenance costs; and, 4)a negative impact on their respective property values, we believe the conditions above are reasonable in light of the unique nature of this Application. Very truly yours, RIVKIN RADLER LLP David P. Leno IrRiVY,I N RADLER: 609 Lt M CORNEYS Al LAW Town of Southold Zoning Board of Appeals July 19, 2016 Page 3 DPL:dc cc: Alfred Eskandar Joseph LaFauci Dimitra Kougentakis Robert Kuehn 3453646 Q _ Y f �XJ (RiVY,1 N RADLER WWW RIVKINRADLER COM ATTORNEYS AT LAW D DAVID P. LENo MAy 17 2016 PARTNERtil- 0/�v/ //� /^,� _ (516) 357-3411 BY: /b david IenoCcDrlvkin.com May 17, 2016 VIA FEDERAL EXPRESS AND ELECTRONIC MAIL Town of Southold Zoning Board of Appeals 54375 Main Road Southold,New York 11957 Attn: Leslie Kanes Weisman, Chairperson Re: James O'Hagen#6945 ("Applicant") Application for Special Exception Under Article 3 Section 280-13B(14) ("Application") Premises Location: 1125 Windward Road, Orient,New York Suffolk County Tax Map No.: 1000-14-2-30.1 t RR File No.: 5315-1 Dear Chairperson Weisman: i Please be advised that our Firm represents Robert Kuehn and Sharon Kuehn, and certain owners of property located on Windward Road, Orient,New York. At the conclusion of the public hearing which took place on May 5, 2016,the Southold Zoning Board of Appeals(the"Board") voted to keep the record open for testimony in connection with the Application. We hereby request that this letter be added to the official record for the hearing of this Application. It should be noted that the Applicant failed to provide any evidence in support of this Application. The presentation of the Applicant's wife at the hearing only spoke to the reason why the Applicant was seeking to bring the Application. None of her testimony spoke to the merits of the Application and whether the Application satisfies the requirements for the granting of the Application. The Board should note that the decision to grant or deny a special exception must be supported by substantial evidence in the written record (Vesey v. Zoning Bd. Of Appeals, 154 A.D.2d 819, 546 N.Y.S.2d 254,255 (3d Dep't. 1989)). In addition,the granting of a special exception permit 926 RXR Plaza 477 Madison Avenue 21 Main Street,Court Plaza South Uniondale, NY 11556-0926 New York,NY 10022-5843 West Wing,Suite 158 T516.357.3000 F516.357.3333 T212.455.9555 F212.687.9044 Hackensack, N)07601-7021 T 201.287.2460 F 201.489.0495 t IrRiVKINRA-DLEW. WWW RIVKINRADLER COM ATTORNEYS AT LAW lal �y 1 s Zu1s DAVID P. LEND PARTNER (516) 357-3411 david IenoOrivkin com May 17, 2016 VIA FEDERAL EXPRESS AND ELECTRONIC MAIL Town of Southold Zoning Board of Appeals 54375 Main Road Southold,New York 11957 Attn: Leslie Kanes Weisman, Chairperson Re: James O'Hagen#6945 ("Applicant") Application for Special Exception Under Article 3 Section 280-13B(14) ("Application") Premises Location: 1125 Windward Road, Orient, New York Suffolk County Tax Map No.: 1000-14-2-30.1 RR File No.: 5315-1 Dear Chairperson Weisman: Please be advised that our Firm represents Robert Kuehn and Sharon Kuehn, and certain owners of property located on Windward Road, Orient,New York. At the conclusion of the public hearing which took place on May 5, 2016,the Southold Zoning Board of Appeals (the"Board")voted to keep the record open for testimony in connection with the Application. We hereby request that this letter be added to the official record for the hearing of this Application. It should be noted that the Applicant failed to provide any evidence in support of this Application. The presentation of the Applicant's wife at the hearing only spoke to the reason why the Applicant was seeking to bring the Application. None of her testimony spoke to the merits of the Application and whether the Application satisfies the requirements for the granting of the Application. The Board should note that the decision to grant or deny a special exception must be supported by substantial evidence in the written record(Vesey v. Zoning Bd. Of Appeals, 154 A.D.2d 819, 546 N.Y.S.2d 254,255 (3d Dep't. 1989)). In addition, the granting of a special exception permit 926 RXR Plaza 477 Madison Avenue 21 Main Street,Court Plaza South Uniondale, NY 11556-0926 New York, NY 10022-5843 West Wing, Suite 158 T516.357.3000 F516.357.3333 T212.455.9555 F212.687.9044 Hackensack, NJ 07601-7021 T 201.287.2460 F 201.489.0495 I \IrR1 VK1 N RADLER`_ ATTORNEYS AT LAW Town of Southold f`tea Zoning.Board of Appeals May 17, 2016 Page 2 can only take place if the applicant has fulfilled all of the criteria set forth in the Town of Southold Zoning Code ("Zoning Code") for the special exception permit. In this instance,the Zoning Code does not provide any specific criteria that needs to be met for the granting of this special exception. Accordingly, the Courts have held that a zoning board must look to the public health and safety factors that are involved in the granting of the application(Id.). The Board also is obligated to weigh the benefit to the Applicant as opposed to the burden to the adjoining property owners. While there was no evidence presented by the Applicant as to the impact of the Application, there was substantial evidence provided by the adjoining property owners with regard to this Application. The Applicant produced no evidence concerning the traffic and parking issues along the private road, and the Applicant's property does not have enough legal parking spaces to allow any guests to park on the Applicant's property. The Applicant's failure to address the impact of traffic and safety on this small 30 foot wide private road should be enough to provide the Board with an adequate basis for denial of the application. In addition to the Applicant's failure to provide any evidence in support of the Application, the Applicant failed to disclose to the Board material information impacting the Application. The Applicant executed a covenant dated May 1, 2012 which was recorded against the subject property with regard to certain rules and regulations about the Windward Road Association and beach access to the parcel (attached as Exhibit"A"). It should be noted that in the covenant, the Applicant specifically agreed that the beach access will be subject to the rule that"short term renters will not have use of the stairs." The Applicant had agreed with his neighbors to this restriction in order to preserve the idyllic nature of the community. However, with regard to the Application, the Applicant is going directly against legal obligations set forth in the covenant. Further, the Applicant executed and recorded a mortgage dated March 12, 2015 for the benefit of Wells Fargo Bank,N.A. (in relevant part attached as Exhibit`B"). The mortgage provides that the"property is or will be principally improved by a one or two family house or dwelling only." The Applicant has again executed a legally binding document that is contrary to the Application before the Board. Finally, the subject premises was created by a subdivision application approved by the Town of Southold Planning Board in November, 1972 and modified in both June, 1986 and August, 1987. When the subdivision was approved,the Suffolk County Department of Health had issued permits subject to an express restriction that the subject property only have a one-family house (attached as Exhibit"C"). The subject property is subject to a sewage limitation that seeks to prevent the intensification of use at the site. In all of the instances set forth above,the Applicant accepted limitations on their use of the subject property in accordance with their own choice to do so. For the IrRiVKINRA D L E R-'- AI IOHYLYS AT LAW Town of Southold Zoning Board of Appeals May 17, 2016 Page 3 Board to allow the Applicant to avoid and disregard their obligations under these documents would serve to enable the breach of these covenants. The Application should be denied in order to preserve the contractual rights of the neighbors and the lender who will be detrimentally impacted by an approval of the Application. Overall, the Applicant has provided no evidence to require this Board to grant the Application. A granting of this Application would be arbitrary and capricious based on the record. While a special exception does have a lower threshold than an area variance with regard to the burden of proof, there still undoubtedly exists a burden of proof on the Applicant to show its entitlement to the relief being sought. The Applicant has wholly failed in this regard. While the use may be permitted under the code, it is only permitted after an evaluation of the relevant factors and criteria by the Board. The Board is not meant to act as a"rubber stamp approval" on all special exception applications. The Board has a legal obligation to review the relevant evidence and make a determination based on that evidence on the record. When viewed in total, it is clear that the Applicant has not provided any evidence supporting its position and the concerned parties have provided substantial evidence to the contrary. We hope that the Board will not make an arbitrary and capricious decision in its granting of the special exception permit application of the applicant. To do so would create a substantial adverse impact on the neighbors, their property values and enjoyment of their property. Very truly yours, RIVKIN RADLER LLP &-(? C David P. Leno DPL:dc Attachments cc: Alfred Eskandar Joseph LaFauci Dimitra Kougentakis Robert Kuehn 3418546 v1 � I � ]EXHIBIT As. CC#: C12-18820 tnrr �� i lu COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 05/09/2012 under Liber D00012692 and Page 927 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/09/2012 SUFFOLK COUNTY CLERK -r=K Q. 41 a�t.�e t�,� JUDITH A.PASCALE SEAL 1 111III!Lill IlIII IIIII cilli[I!I!Ilil!Illli lIlll llil[!!I I I!!II![!II!I[!II[III Ilil SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/09/2012 Number .of Pages: 7 At: 03:31:51 PM Receipt Number : 12--0053272 LIBER: D00012692 PAGE: 927 District: Section: Block: Lot: 1000 014.00 02.00 030.006 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling : $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.50 NO Cert.Copies $5.20 NO RPT $60.00 NO Fees Paid $140.70 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County r I s J � _7 6qq Number of pages REC13RDED 2012 play OSS 03:31:51 PN JUDITH A. PASC'ALE This document will be public CLERK OF record.Please remove all SUFFOLK COUNTL D00012692 Social Security Numbers P 927 prior to recording, Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAsslt. S� or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. ZZ— Dual Town Dual County — Held for Appointment Comm.of Ed. S. 00 Transfer Tax Affidavit �• Mansion Tax Oil Certified Cop ���• The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 �� family dwelling only. Other Sub Total YES or NO � Grand Total [ 9()2-70 If NO,see appropriate tax clause on page#i of this instrume t.' s a 4 1 Dist. 1000 1000 01400 0200 030006 Oj 5 Community Preservation Fund Real Property RSL A Consideration Amount$ Tax Service Agency 03-MAY-1 CPF Tax Due $ Ven tion 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land TD Charles R.Cuddy,Esq. 445 Grifting Avenue TO Riverhead,NY 11901 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached AMENDED DECLARATION OF COVENANTS made by: (SPECIFYTYPE OF INSTRUMENT) PETER G.GORMAN and GRACE G.GORMAN The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In theTOWN of SOUTHOLD Peter Kougantakis,EleBherios and Dimitra In the VILLAGE Kougantakis,James O'Hagan&Joseph&Rosalie or HAMLETof ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over k AMENDED DECLARATION OF COVENANTS ,"'` THIS DECLARATION made and dated this 0 day of ! + � ,2012, by C rmC Peter and Grace Gorman, residing at 162 E. 80 Street, Apt. 4C New York, NY 10021 Peter Qe-(Y05 KouggAntakis residing at 57 Bassett Street, Brooklyn, NY 11234, Eleftheriosn9aud�,%Qtra Kougantakis residing at 2412 National Drive, Brooklyn, NY 1123�4wnam A es O'Hagan residing at 47-27 Little Neck Pkwy.,Apt 6H Little Neck NY 11362 and Joseph ands Rosalie LaFauci residing at 440 East 79th Street Apt. 15E,New York,NY 10075 WITNESSETH: WHEREAS,Declarants are the owners of lots situated at Windward Road in Orient,•New York,with the parcels identified on the Suffolk County Tax Map as 1000-14-2-30.6, 1000-14-2-30.5, 1000-14-3-30.2, 1000-14-3-30.1,and 1000-19-1-12.4; WHEREAS,Declarants have made a Declaration dated the 4th day of November 2009 recorded with the Suffolk County Clerk on December 10,2009 at Liber 12609 at Page 234; WHEREAS, the Declarants wish to amend the"Declaration" recorded on the 10th day of December,2009 at Liber 12609,Page 234 with the Suffolk County Clerk as follows: NOW,THEREFORE,THIS DECLARATION WITNESSETH: The Declarants do hereby make known,admit,publish,covenant and agree that said Lots as above described shall hereinafter be subject to the following covenant which shall be binding upon all purchasers and holders of said Lots, their heirs, executors, legal representatives, distributes, successors and assigns,to wit: 1. Declarants have formed the Windward Road Association to assist in maintaining the roadway known as Windward Road and maintain and enforce the rules for the 8 foot beach access easement that runs across the westerly portion of 440-Windward Road(SCTM# 1000-14-2-30.6),described on Schedule A annexed hereto as well as to provide for the use of the beach area. 2. Declarants intend to construct a stairway providing access to the beach area, which beach area is described as being 30 feet in width from the westerly boundary of the 8 foot right-of-way accessing the beach with a length equal to the distance of the ordinary high water mark of Long Island Sound and the toe of the bank or bluff adjacent to and immediately South of the beach. The stairway will be locked, with passage limited to Association members and house guests of members. Short Term renters will not have use of the stair and a sign will be posted at the stairwell indicating"No trespassing. Stairwell use for residents of Windward Road Association only" 3. Waterfront (440 Windward Road, presently owned by Peter and Grace Gorman) presently and upland owners will share equally the cost of insurance and repairs and maintenance expense for the easement stairwell after re-location to the easement location and roadway known as Windward Road. The easterly waterfront lot presently owned by Petros Kougentakis, shall only be responsible for the equal share of insurance and road repair and maintenance, not the easement stairwell repair and maintenance cost. In addition to sharing the expense for insurance, road repair and maintenance the upland owners will share equally the expense for the each stair permit, including but not limited to expediting and filing fees and legal fees, engineering fees and construction. A general liability policy of 1MM will be upheld by the association for the roadway, upon commencement of stair construction,excess liability coverage in the amount of 2MM will be upheld by the upland owners participating in beach access stair development. Construction of the stair will commence only after obtaining all regulatory approvals and building permits such as Town of Southold Trustees, NYSDEC and Army Corp. of Engineers,if applicable. (a) Upland owners are the owners of lots presently designated on the Suffolk County Tax Map as 1000-14-3-30.2, 1000-14-3-30.1,and 1000-19-1-12.4 (b) Waterfront owners are the owners of lots presently designated on the Suffolk county Tax Map as 1000-14-2-30.6 and 1000-14-2-30.5 (c) Notwithstanding any other provision of this Declaration of Covenants or the Associations bylaws and decision of the Association relating to use of Windward Road, or dues, insurances or any business to Windward Road shall be adopted by unanimous consent of the members of the Windward Road Association. 4. Fires are not permitted on the beach area. 5. Gathering of persons after 10 p.m. is not permitted on the beach area.There shall be no storage of any kind on the beach easement or on any part of the stairs or easement providing access to the beach. 6. Owners at Windward Road who do not contribute to the initial costs associated with the construction of the stairway and have not contributed annually to the upkeep of ,the stairway will not have use of the stairway until they pay the proportionate amount assessed to each owner of the Association. 7. The stairway will be located at the end of the 8 foot wide beach access easement that runs along the westerly line of 440 Windward Road. Each of the present owners and the assignees and successors of such owners shall have equal ownership of the stairs and shall have an equal obligation to maintain the stairs. 8. Membership in the Windward Road Association is limited solely to the owners of lots through which the road runs,as well as those contiguous to the road. 9. All Association members, upland and waterfront shall annually be billed for insurance, maintenance and upkeep/repair of the road, beach easement and beach stairs, which shall include timely repairs within a 30 day period following storm damage. The easterly waterfront lot presently owned by Petros Kougentakis will not be responsible for maintenance and repair costs for the easement stairwell, is still responsible for association insurance and road repair and maintenance costs. Failure to pay in accordance with the bylaws will result in suspension from the Association. A suspended member will not be in good standing and will not be permitted to vote on any Association business, activity, or circumstance requiring a vote until payment of any sum owed to the Association. 10. These covenants shall run with the land. 11. The provisions of this Declaration may only be amended by a unanimous vote of members in good standing. IN WITNESS WHEREOF, the above Declarants have executed the foregoing Dec tion the day and year first above-written. Peter Gorman Grace Gorman Petros Kougantkis loeEle ' s Koug6fitakis a antakis Jam 'Hagan J e aFauci Rosalie LaFauci STATE OF NEW YORK: SS.. COUNTY OF New 10yc: On the 19 day of A ftE 1 ,2012 before me,the undersigned,personally appeared Peter aga Grace Gorman, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual,or the person upon behalf of which the individual acted,execu# instrument. Notary Public KAREN Y CHOTO Notary Public-State of New York NO.oiCH6249069 Qualified in Queen C u tY .' My Commission Expires C1 1S W-4p.] STATE OF NEW YORK: j : SS.: COUNTY OF 1 5 On the ' ,day of kY l ,2012 before me,the undersigned,personally appeared Petros Kougantakis,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. ELAINE XEKARDAKIS ;rotary Public,State of New York ew owd�) No:01XE6224496 Qualified in Kings County Notary Public t;cnxraw E>ow July 6,2014 STATE OF NEW YORK: . SS.. COUNTY OFA*I__: Onthe 2 day of APri J ,2012 before me,the undersigned,personally appeared Eleftherio` imitra Kougentakis,personally known:to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. ELAINE XEK votary Public,Statete of of New York No:01XE6224496 Qual tied In Kings County Notary Public Ccrmision Eow July 6,2014 STATE OF NEW YORK: t SS.: COUNTY OF .! On thell lay of PS(2I L ,2012 before me,the undersigned,personally appeared James O'Hagan,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. RANNELORE H.UHL M tory.Public,State of New York Na 01 UH5068912 No Won Exp es N/oy 1 ounty�� STATE OF PJE'A/ ss.: COUNTY OF �f ark ) A On the I day of G� ,2012,before me,the undersigned,personally appeared L (raurr; JosepR and Rosalie LaFauci per:6 nally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument,and that such individual made such appearance before the undersigned in the(insert city or other political subdivision and the state or country or other place the acknowledgment was taken). R013ERT V NERO 111 Notary Public-State of New York No.olNE6220201 Quelffted in Suffolk pp u"t 20i4 M,j commialon Notary Public J1 ) SCHEDULE A ALL that certain plot,piece,or parcel of land situate,lying and being in Orient,Town of Southold, County of Suffolk and State of New York more particularly bounded and described as follows: BEGINNING at a point on the northerly side of New York State Route 25 (Main Road) said point being where the easterly boundary line of lands now or formerly of Brokaw and the westerly boundary of lands now or formerly of Sledjeski intersects the northerly line of Main Road and from said point ofbeginning: RUNNING North 23 degrees 00 minutes 00 seconds East 220.13 feet; RUNNING THENCE North 03 degrees 30 minutes 20 seconds West 595.83 feet to the westerly property line of land now or formerly of Peter G. Gorman and Grace G. Gorman the true point or place of beginning and from said true point or place of beginning: Along the westerly line of an eight foot wide pedestrian right-of-way which westerly line is North 03 degrees 30 minutes 20 seconds West 404 feet more or less to-the Long Island Sound beach area which beach area is 30 feet in width from the westerly boundary of the above-described walking right of way and a length equal to the distance between the ordinary high water mark of Long Island Sound and the toe of the bank or bluff adjacent to and immediately south of the beach,said length never to be construed as extending to any piece or parcel of land not consisting of beach, and RUNNING THENCE to the easterly line of said beach area south and west to the eastlerly lin eof said 8 foot right of way and RUNNING THENCE continuing south along said 8 foot right of way to a point on the southerly line of land now or formerly of Gorman and i RUNNING THENCE westerly across the 8 foot right of way to the point or place of BEGINNING. I EXHIBIT B l 11111111 I I 1111111111111111 o1111111111111111111111111 11111111111111111111 l u l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: MORTGAGE Recorded: 04/08/2015 Number of Pages: 17 At: 11:15:05 AM Receipt Number : 15-0045929 MORTGAGE NUMBER: DG000919 LIBER: M00022581 PAGE: 848 f District: Section: Block: Lot: f 1000 014.00 02.00 030.001 EXAMINED AND CHARGED AS FOLLOWS Mortgage Amount: ' $560,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $85.00 NO Handling $20,00 NO COE $5.00 NO NYS SRCHG $15.00 NO Affidavit $0.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Mort.Basic $2,800.00 NO Mort.Addl $1,650.00 NO Mort.SplAddl $0.00 NO Mort.SplAsst $1,400.00 NO Fees Paid $•6,035.00 MRTGAGE NWEER: DG000919 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County EXHIBIT C i T6 'HALL, 53095 MAIN ROAD ELIZABETHA. NE :E TOWN CLERK P.L. OX,1179 ;1 REGISTRAR OF VITAL STATISTICS SOUTHOLD NY 11971 M4RRL4GE OFFICER FAX. 631-765-.6145 RECORDS MANAGEMENT OFFICER 'TELEPHOIVE._631-765-1800 FREEDOM OF INFORMATION OFFICER southoldtown-northforknet q+of Yobly� 1 r�OWR OFFICE OF THE-'TOWN CLERK TOWN OF'SOUTHOLD 1 APPLICATION FOR PUBLIC ACCESS TO RECORDS 1 INSTRUCTIONS: Please complete section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. i SECTION I. _ ll TO: U��GCi �lQ�/ylrn aix�dtT (Depekriient or Offs r, if known,that has the information you are requesting). RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title,tax map number, and any other pertinent information). o CS 1114q 6&CfS1o15 ",# /r(ulklOns tor Q /dva/S ll'I vdl�tvl Ev etj ✓i6ion or Eek 'all r-Dxal � 170, fc k4_ Tu- / t) l 00�? " o� c� . 30. 1) G - � Signature of Applicant: ' Printed Name: ne�� . - Address: ' P D rlJ�lV�. • �Dl� � e-mail ,Address U-uytd" Telephone Number: a l y Date: 5 5 r r APPROVED RcCEI`�c.� DENIED* [ ] APPROVED WITH DELAY* �`• — r Elizabeth A. eville Date ` Freedom of Information Officer Accepting Clerk's Initials Southold Town *If delayed or denied, see reverse side for explanation. r,, r - 'fit •��,• vri�� � �/vp 1 L , PLANNING BOARD MEMBERS 17 SCOTT L. HARRIS Bennett Orlowski,Jr.,Chairman ,, �' ,%�` . Supervisor George Ritchie Latham. Jr. Richard G. Ward Town Hall. 53095 Main Road Mark S. McDonald „rd P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax,(516) 765-1823 May 23, 1991 Nicholas Patouris 220 Fifth Avenue Drew York, New York 10001 RE: Inquiry in reference to subdivision of Frank Stillo SCTM# 1000-14-2-30 Dear Mr. Patouris: In regard to your inquiry about the above mentioned subdivision, I hope you find the following information helpful. 1. The map was endorsed by the Planning Board Chairman; on November 29, 1972. A copy of this map is enclosed. 2. On June 23, 1986, the Planning Board approved an amended survey which deleted the proposed strip entitled "Reserved for Possible Highway Dedication. !' A copy of the minutes from this meeting is enclosed. 3. At a meeting held on August 10, 1987, the Planning Board accepted the final inspection report, approving the access road. A copy of this resolution is also enclosed. The Planning Board can not guarantee that the particular lot in question isobuildable until an approval from the Health Department and a permit from the Southold Building Department are obtained. Please contact this office if you require any additional information. Very truly/yours, l Bennett Orlowski, Jr Chairman enc. Ff Qac T LD' S Y Southold, N.Y. 11971 -(516) 765-1988 November 25, 1986 Mr. William Price 828 Front Street Greenport, NY 11944 Re: Subdivision of formerly of Frank Stillo Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, November 24, 1986. RESOLVED that the Southold Town Planning Board accept the profile submitted by Inspector John W. Davis for the access road within the minor subdivision formally of Frank Stillo, now owned by BLBD Enterprises located at Orient. The Board also recommended that excavating be done between the stockpiles to provide leaching areas. Enclosed is a copy of the profile for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Arthur P. Foster Form San. RS-2 SCDH Suffolk County Department of Health Riverhead, New York Division of Environmental Health Services PICATION OF APPROVAL Of REALTY SUBbiVISION PLANS Mr. Frank St M c/o Carnival Press TO: 480 Canal Street New York, New York 10013 This certificate is issued under the provisions j 9 h Suffolk County Sanitary Code in connec- November 13, • for your realty subdivision known as tion with the approval of plans on . . . . .. . .. .. . . . . .. FRANK STI11D SUBDIVISION . . . . . . . . . . . . . .. . .. .. . . . . . . .. . . . .The following data was furnished in connection with the-submission of the plans. Orient, Town of Southold, Suffolk County, New York . . . . . . . . . • .• . . . Location . . . . . . .. . . . .. . . . . . . . . . . . . . . . . 5 (approx.) . . . . .�fl,00l1, square, Acres (approx.) S . . No. of Lots . . . . . . . . Size (app ) sell lots only. . . . . . . . . . . . I . . . . . . . . . . . . . .. . . . . . . . Owner intends to . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . Topography . . .gentle. . . . . . . . . slops . . .. . . . . .. . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18' Min: 14, When June 29 . . . . . . . . . . . . . . . . Depth to Ground Water - Max: . . . ., . - top soil , sand a gravel , send . . . . . . .. . . . . . . ... . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . Soil . . . . I . . . . . . . I . . . . . . . . . . . . .. .. . . . . . facilities N t to affect design of sewage .disposal , . • . . . . . . . . . . . Grading (cut or fill) Q. . . . . • • • • • • •• • • ' . •` As approved by the Town of Southold, . .. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . Drainage . . . . . . . . . . . . . . Wat r S ly On each lot individual wells constructed in manner approved . . . . . . . �y � Suffolm k 'Count tioartiaent of fieal't� and iainim of.`I00 ,feet, horizontal distanoe, N.M•nee ns -!%Qw4S*. dl�:P081.sy-0010 . On each lot, one goo-gallon minimum liquid capacity appprtiived t�rpp Sew pti.0•tank' cdririected' td "No,approved't'yp'e precast' ar block cesspoo is each developing a minimuaI of ISO square, feet of Ipaching.OreA bel�� . 'Inlet •pipe• i. .natural or undisturbed medium-coarse sand and/or gr •. . . . . . or. 1>R .tale.css� .of..unusjuAl..soil.,. the.excavation-19, tc .be.carried.to.a depth until a 6400t. strata of virgin Long Island sand and gravel is en- . .countered.and •the•pool• •i•s -provided •with• ar alinillw-3-feet-sand A-9rave'1. . . . . . . Approval of this subdivision is gran fod on water supplgypllar for anti sewage d spo abate inkuses allied n Ston approved 1. That the proposed facilites plans. fortuity with said plans. 2. That private sewage disposal systems shall no longer be constructed or used after public sewerage facilities become available. cc /Van Tuyl and.-Son. >> ,_, ,, Bldg. Dept.-Southold (T) Ilr / A;wt.�y Dept. of State - Subdivided Land Unit F Federal Hoasing Administration H. W. Davids, F. E. Director, Riverhead Office Division of Environmental Sanitation Form San. RS-2 SCDH Suffolk County Department of Health LP Riverhead, New York Division of Environmental Health Services CERTIFICATION OF APPROVAL OF REALTY SUBDIVISION PLANS Mr. and tors. David L. Gillispie ; Main Road TO: East Marion, New York 11939 This certificate is issued under the provisions of the Suffolk !✓ounty Sanitary Code in connec- tion with the approval of plans on .?. .. . ,2 for your'realty subdivision known as :;,_.;:• . . . . . OAY.ID.$jl L;SP.XE.SUBDIVISION. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . The following data was furnished in connection with the submission of the plans. Location Elks t.l4iariont .Town. Oi:,Southold, Suffolk ,County,,, gew.York. . . . . . . . . . . . . . . . . . Acres (approx.) . . . . . . No. of Lots . .5. . . . . Size (approx.) . .40,000. squm.feet . . . . . . . . Owner intends to Sell -lots. only&. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Topography Ventle S1ope. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . �. Depth to Ground Water - Max: Us-5.1. Min: 95.1. . When . . AOM.1972 . . . . . . . . . . . . . . . . . . . .. Soil . . . .loam,. clay, .sandy. -loam,. gravel,,sand . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . Grading (cut or fill) Not. to -affect' design-of sewage.disposal-fac- l•ities . • .. • • • • . Drainage -As. approved.by -the-Town. of-Southold, . . . . . . . . . . . . . . . . . . . I . . . . . . . . . I . . . . . . - . Water Supply .. On .each. lot 4ndi vidual -wells .constructed.in.manner-approved.by. . . .: ; :K the Suffolk County Department of Health and minimlpll of 100 feet horizontal distance- from,neares.t-sewage -disposal. stystemo. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewage -On-each -lot,• one -900-gallon •minimum •liquid. capacity• approved-type •septic.-tap connected to two approved type- precatt or block cesspools each developing a• mfnimtm. of 4SO•square-feet. 64-leadhirrg ''-arr ba•be-Tow,the. inlet pipe. in -natura-1-dr.; undisturbed wdium-coarse sand and/or gravel , or in the case of unusual soili .' the excavaitton'is i±o 'fsa cart�fied te' a depth'until .a 6-foot 'strata:.of virgin' t9 Island-s.end and gravel is encountered and the pool is provided with a minim* _ +- 3 gg00t orifi 'fid ..... 'co ar iror a'.p�e�fas�lily House' as' 's �i e� 'ori 'appro � A . App ova of t is suMvi�on is gr&n ed on condition: 1. That the proposed. facilities for water supply and sewage disposal are installed in con- formity with said plans. 2. That private sewage disposal systems shall no longer be constructed or used after public - sewerage facilities become available. cc yen Tuyl and Son 141W04U�ldg. Dept. Southold (T) Dept. of State - Subdivided land Unit Federal Housing Administration H. W. Davids, P. E. Director, R1 verhead Offi ce Division of Environmental Sanitation �Y�: ,.. `. Com` sr' J 4., Ls' News' 10 ry N '��F's..;�' 18`1 �•.'fJra< ro. ` .r••TYra c L I�YAIL�� � II M i NoFz Susoivi,510a411 - Co yan ` �1dsa� - --• 4E7N 7- y � O 40380 s PI: � I c ' � � J I i `� 4'04Ios�' � •Qy0"Y'irt•s p��cns�a+c SNr✓i _ -- ✓ Y�s a«�siahs w,sd err+�a�fr.o f 41A Tt1i 27-r i EWArION3 SHOWN ARE BASED ON AN in I ELEVArI,ON OF-0..O Ar ORDFMA QY 1410H WXMSL MARK IN L.r.90UND. 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Russell,Town Supervisor William Duffy, Esq.,Town Attorney Town of Southold Town of Southold—Town Hall Annex 53095 Main Road 54375 Main Road Southold,NY 11957 Southold,NY 11957 f Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold r 54375 Main Road Southold,NY 1197 RE: Windward Road-Transient Rentals and Bed&Breakfast Application Number 6945 Dear Supervisor Russell, Chairperson Weisman and Attorney Duffy, I am writing to you for the purpose of ensuring that the various departments of the Town of Southold are equally aware of the existing situation on Windward Road("Windward"). Windward Road is a private dirt drive located along the northern shore of Orient Point that terminates on the Long Island Sound. There are six homes on Windward. All six of these homes are currently secondary residences. Two of these homes have been providing per diem rentals. The Town has been extremely helpful in trying to stem the weekly party scene at 590 Windward.' Mr. Stephen Kiely and the code enforcement officer have been particularly attentive to this issue. However; despite these considerable efforts,the rental activity at 590 Windward continues unabated. On May 1, 2016 my immediate neighbor notified me that they had received a certified letter from James O'Hagan regarding an application for a permit to operate a Bed&Breakfast at 1125 Windward.3 k (Accordingly,the non-notified neighbors had little time to respond prior to the ZBA's May 5,2016 public hearing.) This is the second of the two rental properties noted above. However, 1125 Windward, to the best of my knowledge,has not engaged in the same level of activity as 590 Windward since the Town of Southold enacted the transient rental restrictions last fall. For the last several years, on any given weekend,30 or more strangers came to Windward. On several occasions that number was well over 60 when the parties were larger. Needless to say, that kind of E As per Town of Southold current tax roll. 2 See,Southold Town Issued Five Tickets to Short-Term Renters so Far, The Suffolk Times,December 3,2015 http://suffolktimes.timesreview.com/2015/12/64141/southold-town-issued-five-tickets-to-short-term-renters-so-far/ 3 We received no such notification although we are less than 200 feet from the Applicant. P activity is keenly felt on a private road of six homes. The effects on our quiet enjoyment and property are profound. The O'Hagan's application for a B&B has all the characteristics of an end run around the Town's rental law. In this case,we are dealing with a second home whose owners seek to generate supplemental income. B&Bs traditionally are owner occupied primary residences. The O'Hagan application has apparently been submitted under the premise that they will be in residence when they have guests. This is $ very different than the traditional framework. If granted,what is to prevent a similar application by the owner of 590 Windward and other properties? The arguments and representations will be substantially a similar and a precedent will be set for not only Windward, but for the remainder of Southold as surely this ` will become common knowledge. The difficulty with enforcement is already well established. It is submitted that the granting of the O'Hagan application and the continued rental activity at 590 Windward is antagonistic to the Town's efforts to curtail the disruptiveness of short term rentals. Allowing these conditions to exist within a private neighborhood would also set a precedent that such activity is appropriate anywhere in the Town of Southold and that no one should feel safe from such intrusions regardless of the location of their property. For these reasons and those submitted in my letter of May 3, 20164 to the Zoning Board, I appreciate your kind consideration of the matters mentioned herein. t� if 4 4 Si ely submitted r f F, CC: Stephen Kiely David Leno,Esq.—Rivkin, Radler LLP E E 1 k1 4 See attachment I Robert P.Kuehn,Esq. i. 62 Parkwoods Road Manhasset,NY 11030 (516)627-9009 i May 3,2016 VIA EMAIL AND HAND DELIVERY Town of Southold Zoning Board of Appeals Leslie Kanes Weisman,Chairperson 54375 Main Road Southold,NY 11971-0959 RE: James O'Hagen-Application Number 6945 Request to Establish a Bed&Breakfast k a Dear Chairperson Weisman, Please allow this letter to serve as opposition to the captioned application. f� E I am a resident of Windward Road,a private drive located along the northern shore of Orient Point. The private drive essentially consists of approximately eight parcels of land' (the"Windward parcels"),six of those parcels developed with homes of varying and considerable value(the"Windward s residents"). At least two parcels remain undeveloped at this time. My opposition to the application includes, but is not limited to,the following: 1. The O'Hagen's application essentially requests the introduction of commercial activities into an exceptionally small private neighborhood and would therefore have a profound negative effect on the quiet enjoyment of the Windward residents. 2. If the application were granted,the O'Hagens would invite the public to use the limited points of access created by easements intended for the exclusive use by the Windward parcels. These easements include: 1)the dirt drive serving as access to the Windward parcels,2)a walking easement for beach access located entirely upon private property and 3)a small 30 foot wide section of beach to service the Windward parcels also located entirely upon private property. The Windward residents are responsible } for the maintenance and insurance of these easements as well as having paid for the cost of their development(e.g. a beach stair)and remain potentially liable for their use. It is inappropriate for applicant to commercially benefit therefrom and expose the Windward residents to added risk. 3. The applicant has been a transient renter and has been listing his home on various websites(see Exhibit A and https://wwNv.liomeaivay.coin/vacation-rental/p231307). To date it appears the O'Hagens have not used their Windward property as their primary residence;therefore,this application appears as a t f Status of parcels abutting Main Road as having relevant easement rights to the private drive is currently unknown and therefore not included. i` LK Ir. response to the recent transient rental restrictions enacted by the Town of Southold and granting the @ application would serve to usurp such regulation. 4. The granting of the requested application will have a negative effect on the property value of the Windward parcels due to the introduction of a commercial element and the loss of quiet enjoyment. s' 5. The granting of the application will be an invitation for the public to enter private property and may have a negative effect on the safety and security of the Windward parcels. For these and other reasons, it is respectfully requested that the Board DENS'the O'Hagan application. G, ubmitted, i Exhibit CC via email: Joseph Lafauci Demitra Kougentakis r Alfred Eskandar I E t 6 I E f I i , Welcome to The Beach r '�c! 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' entertaining home is in pristine condition,immaculately clean,modern top of the line designer interior finishes soft soothing palm colors and brand new high end arca rugs K in every room Fnjoy cooking for family&friends in the cherry&granite kitchen with loads ofcookmg accessories,gas range/slatnlcss appliances No Kids Fable t necessary'Gather around the enormous potter-barn farm style dining table,place setting for 14 1 he Beach House Great Room features it large open concept very relaxed elegant atmosphere,plenty of comfy seating for the entire group.Open the front door into the great room to breathtaking pastoral w ie+vs and nature watching through three 8'tall French doors that open to a giant mahogany deck overlooking the Long island Sound and a natural organic farm reserve Private beach is 800 feet treat the house less 4, than I impute walk'lo our lovely soft pebble beach with crystal clean water for all day family fun you can surf cast fish,kayak or hang out In floats In the private calm water tt cove 5 Comfy Bed Sizes,2 King Beds,3 Queen Beds,I Full Bed&'Trundle Daybed w/I\vat Beds to comfortably sleep 14 guests max alllowed tat Floor has 2 Private f ' Bedrooms,I King Bed facing back of house&I Queen Bedroom facing front of house each share a private porch and hallway bathroom 2nd i loon has the Mosier King ' Sade w/Private Bath&Balcony and endless w tows or the Long Island Sound family Suite on 2nd Moor sleeps 6 has one Queen Bed,one Tull Bed and-1 rundle Daybed E includes 2 twin beds 2nd Floor Cozy Queen Bcdioo n facing front orhouse.The House has cental air conditioning serving all rooms of the home Things to Do.Drive 15 Miles to Orient by the Seo for Fishing Charters,Restaurant Tiki Bar,Orient Slate Park for fun in the sun,restroom f icillues,childron's play,area,outdoor Wrbuuues and sandy bay beach with lifeguard Drive 5 Miles to Islands End Golf Coursc Public in East Marion,Drive 8 Miles to Greenpon Village,this quaint seaside town is fhmous for Boating,Shopping&Eating great rood.Stop at roadside Farm stands selhng,lusl picked fresh seasonal produce Short drive to deeded town beach on Long ISlnad Sound in East Marion Long Island Wine Region Offers Wine 1 acting making headlines for It's Chardonnays and Merlots We hope you will stay with its this summer to Relax. < Rekindle&Reboot,there's no place like home in Orient Point,you won't be disappointed! r t Suitability children welcome,non smoking only,pets not allowed s £v J;`a'", :'i `r;r r.—:n.,:xs •-rac'r.,:,r rn �? 0�rag8��( wirier) SS s,fb�,�:�;et?;1��t;,.:,1: ��•,�ivC 12ei•siueel,r20D9Q1-}r 't fr,. �t•iYj' � �,,;�;u`a.:Mae g idR�esQoispC'rate,w,�,:;�; `yCalendar las!updated.a February 20,2016 t I S , Peace ®f mind when checking out through HomeAway � r We'll back you with our Book with Confidence GunrunteeT^' You'll get comprehensive payment protection when checking out on our website r� We're always here for you with customer service available 24/7 k Read more about oui B00k%%anht 011lid;ncC�_wu_ime, Sleeps i4 Bedrooms 5 Ballnooms I 3 littps://Nvww.homeaway.com/vacation-rental/p231307 5/2/2016 i I Memorandum of Law in support of O'Hagan Residen���-q"n Windward Road, Orient NY 1000-14-2-30.1 Appeal#6945NG B®A"?OF APPEMS FACTS Applicant James O'Hagan is the title owner of the above premises since 2001. The applicant has lived year round, as his principal residence, in Orient since they constructed their home in 2006. Applicant's wife,Rene Murray has been a full time resident of Orient since 2015. Her professional position in a clothing manufacturer corporation in Manhattan was abolished in 2015, they sold her apartment and both live in Orient full time. As is required by the Ordinance,the existing dwelling is Mr. O'Hagan and Ms. Murray's principal residence and the proposed Bed& Breakfast is located in the principal dwelling. Mr. O'Hagan has extensive experience in hospitality management. Mr. O'Hagan served in senior management hospitality positions for over 10 years at two prestigious landmark midtown hotels, The Four Seasons Hotel in New York , and the New York Hilton. Mr. O'Hagans significant experience with high level customer service and Rene Murray's extensive corporate and management experience enable this family to professionally manage a Bed &Breakfast and assure their guests and neighbors a quiet quality of life experience. Since the house was constructed in 2006 with the highest materials, including smoke alarms and fire egress windows, conforming sanitary system and thoughtful design,the existing house will comfortably and safely accommodate the Bed&Breakfast guests. The property is one acre,the house is set back from the common road 123.7 feet and the setbacks of the house are conforming. The site plan shows 2 parking spaces for the owners as well as an attached two car garage. Parking is provided, as required, for the guests. A total of eight parking spaces are shown: four for the main dwelling,two in the front of the house and two in the garage. In addition, as required by the Bed&Breakfast regulations there are no bedrooms above the second story, there are adequate exits,there is no signage, and there is no accessory apartment, and the dwelling complies with the New York State Construction Code. Finally, the existing road is 30 feet wide, sufficiently wide for access for all residents, house guests, visitors, service providers and double the minimum width required for emergency services. The lots being served by the road and the design of the road were approved by the Town of Southold Planning Board in two separate subdivisions; Minor Subdivision for Frank Stillo and a minor subdivision of Peter Sledjeski. There are no restrictions on the use of this road. LAW DEFINITION OF BED &BREAKFAST The renting of not more than five rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than 10 casual and transient roomers,provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. A Bed&Breakfast is an"accessory residential"' use. The primary use continues to be the owner's principal residence. It is not a commercial use. The Town of Southold assesses the property as residential and the Southold Town Code specifically identifies the use as customary and accessory to the single family dwelling. A special permit use merely authorizes the use of property in a manner that is consistent with a community's zoning law, although not necessarily allowed as of right. See Retail Prop. Trust v. Board of Zoning Appeals of Town of Hempstead, 98 N.Y.2d 190, 195, 746 N.Y.S.2d 662, 666, 774 N.E.2d 727, 731 (2002). The enumeration of a use in a zoning law as a special permit use is tantamount to a legislative finding that the use is in harmony with a community's general zoning plan and will not adversely affect the neighborhood.See Retail Property Trust v. Board of Zoning Appeals of the Town of Hempstead, 98 N.Y.2d 190, 195, 746 N.Y.S.2d 662, 666, 774,N.E.2d 727, 731 (2002); Twin County Recycling Corp. v. Yevoli, 90 N.Y.2d 1000, 1002, 665 N.Y.S.2d 627, 628, 688 N.E.2d 501, 502 (1997);North Shore Steak House v. Board of Appeals of Village of Thomaston, 30 N.Y.2d 238, 243, 331 N.Y.S.2d 645, 649, 282 N.E.2d 606, 609 (1972). BURDEN OF PROOF As a result of the designation as a Special Permit use,the burden of proof on an applicant seeking a special permit is lighter than that on one seeking a variance. See Retail Property Trust, 98 N.Y.2d. at 195, 746 N.Y.S.2d at 666, 774 N.E.2d at 731. Once the applicant demonstrates compliance with legislatively imposed criteria applicable to the intended use,the special permit may be granted. See Wegmans Enters. v. Lansing, 72 N.Y.2d 1000, 1001, 534 N.Y.S.2d 372, 373, 530 N.E.2d 1292, 1283 (1988); Franklin Sq. Donut Sys., LLC v. Wright, 63 A.D.3d 927, 929, 881 N.Y.S.2d 163, 165 (2d Dept. 2009), Iv. denied, 14 N.Y.3d 711, 903 N.Y.S.2d 769, 929 N.E.2d 1004 (2010). The applicant has demonstrated that the following standards will be met: 14) The owner will obtain a permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: (a)A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. 'ACCESSORY USE A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. %L VAC (d)No accessory apartment, as authorized by § 280-13B(13)hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. COMMUNITY OBJECTION The denial of a special permit must be supported by substantial evidence in the record and may not be based solely on community objection. See Retail Prop. Trust, 98 N.Y.2d at 196, 746 N.Y.S.2d at 666, 774 N.E.2d at 731; Twin County Recycling, 90 N.Y.2d at 1002, 665 N.Y.S.2d at 628, 688 N.E.2d at 502; White Castle Sys., Inc. v. Board of Zoning Appeals of Town of Hempstead, 93 A.D.3d 731, 732, 940 N.Y.S.2d 159, 162 (2d Dept. 2012). The community objection is primarily on the false characterization of a Bed&Breakfast use as a "commercial use". As a matter of Southold Town Zoning Ordinance,the single family dwelling is the owner's residence and the B&B is an accessory use to the residence. As a special permit use,the Town of Southold determined that the B&B is in harmony with a community's general zoning plan and will not adversely affect the neighborhood. The objection to the B&B is also based on a claim that the owner is introducing "4 new families"; again that is incorrect. The single family dwelling is proposing a B&B rental of 4 bedrooms. The single family dwelling was designed with the same number of bedrooms and the occupancy of the bedrooms does not increase the number of"families". The owner is the occupant of the single family dwelling with B&B occupants being their guests. The Bed& Breakfast use is a specifically defined use. The development of the lots places no restrictions on the use of the property for a B&B. The subject property is Lot number 5 on a"minor subdivision"for Frank Stillo approved by the Southold Town Planning Board in 1972. The subdivision was approved with a 30' common right of way. The access road width and design as a paved road was recommended by the Town Engineers and approved by the Planning Board. The road was completed in 1987 to the standards of the Town of Southold, and the State of New York issued a curb cut permit. The applicant's lot is the closest lot to the public street. Objectant Kuehn,the owner of Lot 3 of the Minor Subdivision of Frank Stillo is north of the applicant's property and is unaffected by any vehicular traffic to the applicant's property. The owner LaFauci is to the south of the applicant's property. Her parcel is subject to the use of the lots to the north. Her parcel was purchased with the knowledge that there are five lots with homes which were developed prior to the development of her property from the Sladjeski Subdivision.' Each of these parcels may be developed to the maximum extent permitted by zoning. 'After the Minor Subdivision of Stillo was approved, the land to the south was subdivided. A three (3)Lot Minor Subdivision made for Peter Sledjeski was approved by the Town of Southold. The Sledjeski subdivision was approved with a continuation of the 30 foot road. The State of New York approved the curb cut and all improvements for both subdivisions. The improvements were approved by the Planning Board in 1987. There are no limitations on the use of the road. ko Private Covenants: The use of the beach stairs on Long Island Sound is a civil matter unrelated to the B&B use. In fact, James O'Hagan investigated,pursued and negotiated the Covenants &Restrictions for the beach access with Peter and Grace Gorman. Mr. and Mrs. Gorman had prohibited the construction of the beach stairs within the right of way. James O'Hagan's efforts enabled the beach stairs to be constructed. As to whether guests of the B&B may use the beach stairs,that is a matter between the owners and has no impact on the B&B special use permit. Special Exception use: The Zoning Board of Appeals specifically may find and determine the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The B&B use is an accessory residential use which will not prevent the orderly and reasonable use of the adjacent properties or residential use district. The applicant's property continues to be a single family dwellings. There is more than the minimal required parking within the owner's property. The owner has added since the date of the last hearing additional evergreen screening for the privacy of her guests and the neighbors. B. That the 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. Again, the B&B use is a residence. The owner lives on the premises and the B&B use is an accessory use to the owner's residential dwelling. C. That the safety,the health,the welfare,the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. The existing house is well designed to maintain the existing privacy to the neighbors and from the neighbors to the applicant. The landscaping increases the level of privacy to the owner and neighbors. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The legislative body, Southold Town Board,has determined that a B&B use is in harmony with the purposes and intent of the AC and Residential zoning use districts. A Special Exception use is a permitted use, subject to reasonable conditions. E. That the use will be 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. The owner has maintained the property and the home comparable to the neighborhood. A B&B in Orient will not detract from the character of the community in general, particularly this house conforms in visibility, scale and overall appearance of well maintained homes in Orient. F. That all proposed structures, equipment and material shall be readily accessible for fire and _ V police protection. The house was designed in conformity with the current New York State building code and the road provides fire, emergency and police access. The roads were approved by the Southold Town Planning Board for egress, ingress and emergency access. G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative,the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. The house was constructed with proper drainage and the storm water does not travel beyond the property lines. In making such determination, consideration shall also be given, among other things,to: 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 of such permitted uses. The parcel is surrounded by open space and the adjacent parcel of Nicholas Pappas is being considered for limited development and conservation. B. The conservation of property values and the encouragement of the most appropriate uses of land. A B&B is accessory to the residential use and will not adversely impact property values. B&B owners have an incentive to maintain the appearances of the premises on both the inside and the outside. B&B's are established throughout the Town of Southold in residential neighborhoods. Without exception,the B&B's are well maintained homes with landscaped yards in quiet neighborhoods. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. The 30'wide road was reviewed by the Town of Southold Planning Board under two separate subdivision applications and the curb cuts onto Rt 25 were approved by the State of New York. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage,refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. The B&B is a residential use,the sanitary system and water supply was designed to the Health Department standards for up to 6 bedrooms. The number of bedrooms has Health Department approval. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. This consideration is not applicable F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. This consideration is not applicable. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. The B&B will not cause undue interference with public use of recreation. The house is assessed and the owners have paid real estate taxes which pay for the public services. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. The parking required for the B&B use is provided. The property has more than enough space to accommodate the owner and their guests. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. The number of B&B rooms is within the numbers permitted and the house is not threatened by any factors which would be found hazard to life, limb or property. The property is readily accessible to emergency vehicles if necessary. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. The home meets all required setbacks, is surrounded by open space, and the number of rooms is regulated and permitted by the zoning code. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. The size of the property and the existing dwelling as well as the design of the rooms is sufficient, appropriate and adequate for the B&B use. L. Whether the use to be operated is unreasonably near to a church, school,theater,recreational area or other place of public assembly. The use is suitably located and is a residential use in a residentially zoned area. A Whether the site of the proposed use is particularly suitable for such use. The proposed B&B use of this single family dwelling is particularly suitable on this parcel. The availability of lodging in Orient is limited. The property is close to the Orient Ferry,New York State parks and County parks. The home is spacious, managed by knowledgeable owners, and not located in a densely populated neighborhood. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. The lot is well screened and private,therefore,mitigating any impact on the adjacent properties. The owners have invested in additional evergreen screening around the property. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste-which the proposed use will generate. Private carting of ordinary residential waste is provided. There is no anticipation that stormwater runoff, sewage,refuse and other liquid, solid or gaseous waste is increased by the B&B use,particularly where the home is existing and these services will not be changed. P. Whether 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. The existing residence will not change, the bedrooms and bathrooms are developed. The use of the house by the number of people the house was originally designed to accommodate supports the proposed B&B use. The Town of Southold approved the establishment of B&B use in residential neighborhoods because the use remains residential. In deciding on any application for a special exception use,the Zoning Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. Should the Board consider imposing such conditions and safeguards we would ask that they be discussed on the record. The Town Code provides for safeguards to the community by requiring annual permits for the B&B use be issued by the building department. This permit requirement assures compliance with both the B&B regulations. CONCLUSION The applicant and his family wish to operate a B&B in their principal residence, a use which is considered customary and accessory to the residence. The applicant and his wife are highly qualified to manage the B&B use. The neighbors will not be adversely affected by a well run B&B. If there are any issues they can be addressed through the annual permit process. Moreover, a B&B in Orient will benefit the community by providing additional lodging on the eastern end of Southold Town. We respectfully request that the special exception permit to James O'Hagan be approved. Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 631-765-4330 ECEIVE 1 - !I I ! ♦ ` a ,• tw' ,` •,rY Y�. rµ��rr��� • I i 4. t;a .f. Li .. 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"•'� �1,��'� � y�"lye•-.r, i ' � - _ e rte; �,a \. •��'�:...� �' ... '�1'� y� �;. +� a'", ,+ `���::�'' �.fir;,se `. '•` 32; f.� •�..-�� +7YrJ'.-`�?t��,y,' ` } - _ a.''�iy` 1�' a•.,•Mt i ..� Ll � n ;'�4 f f ; F = '• *. a+- JUL - 7 2016 U BY-- � Al 77 WIN 4� r &ff,,aA4 4, 0 There are no limitations on the use of the road. JUS — D 7 2016 Private Covenants: The use of the beach stairs on Long Island Sound is a civil matter unrelated to the B&B use. In fact, James O'Hagan investigated,pursued and negotiated the Covenants &Restrictions for the beach access with Peter and Grace Gorman. Mr. and Mrs. Gorman had prohibited the construction of the beach stairs within the right of way. James O'Hagan's efforts enabled the beach stairs to be constructed. As to whether guests of the B&B may use the beach stairs,that is a matter between the owners and has no impact on the B&B special use permit. Special Exception use: The Zoning Board of Appeals specifically may find and determine the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The B&B use is an accessory residential use which will not prevent the orderly and reasonable use of the adjacent properties or residential use district. The applicant's property continues to be a single family dwellings. There is more than the minimal required parking within the owner's property. The owner has added since the date of the last hearing additional evergreen screening for the privacy of her guests and the neighbors. B. That the 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. Again,the B&B use is a residence. The owner lives on the premises and the B&B use is an accessory use to the owner's residential dwelling. C. That the safety,the health,the welfare,the comfort,the convenience or the order of the Town will not be adversely affected by the proposed use and its location. The existing house is well designed to maintain the existing privacy to the neighbors and from the neighbors to the applicant. The landscaping increases the level of privacy to the owner and neighbors. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The legislative body, Southold Town Board, has determined that a B&B use is in harmony with the purposes and intent of the AC and Residential zoning use districts. A Special Exception use is a permitted use, subject to reasonable conditions. E. That the use will be 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. The owner has maintained the property and the home comparable to the neighborhood. A B&B in Orient will not detract from the character of the community in general, particularly this house conforms in visibility, scale and overall appearance of well maintained homes in Orient. F. That all proposed structures, equipment and material shall be readily accessible for fire and �i police protection. The house was designed in conformity with the current New York State building code and the road provides fire, emergency and police access. The roads were approved by the Southold Town Planning Board for egress, ingress and emergency access. G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative,the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. The house was constructed with proper drainage and the storm water does not travel beyond the property lines. In making such determination, consideration shall also be given, among other things, to: 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 of such permitted uses. The parcel is surrounded by open space and the adjacent parcel of Nicholas Pappas is being considered for limited development and conservation. B. The conservation of property values and the encouragement of the most appropriate uses of land. A B&B is accessory to the residential use and will not adversely impact property values. B&B owners have an incentive to maintain the appearances of the premises on both the inside and the outside. B&B's are established throughout the Town of Southold in residential neighborhoods. Without exception,the B&B's are well maintained homes with landscaped yards in quiet neighborhoods. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. The 30'wide road was reviewed by the Town of Southold Planning Board under two separate subdivision applications and the curb cuts onto Rt 25 were approved by the State of New York. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. The B&B is a residential use,the sanitary system and water supply was designed to the Health Department standards for up to 6 bedrooms. The number of bedrooms has Health Department approval. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. This consideration is not applicable F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. This consideration is not applicable. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. The B&B will not cause undue interference with public use of recreation. The house is assessed and the owners have paid real estate taxes 6qq< which pay for the public services. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. The parking required for the B&B use is provided. The property has more than enough space to accommodate the owner and their guests. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. The number of B&B rooms is within the numbers permitted and the house is not threatened by any factors which would be found hazard to life, limb or property. The property is readily accessible to emergency vehicles if necessary. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. The home meets all required setbacks, is surrounded by open space, and the number of rooms is regulated and permitted by the zoning code. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. The size of the property and the existing dwelling as well as the design of the rooms is sufficient, appropriate and adequate for the B&B use. L. Whether the use to be operated is unreasonably near to a church, school,theater, recreational area or other place of public assembly. The use is suitably located and is a residential use in a residentially zoned area. M. Whether the site of the proposed use is particularly suitable for such use. The proposed B&B use of this single family dwelling is particularly suitable on this parcel. The availability of lodging in Orient is limited. The property is close to the Orient Ferry,New York State parks and County parks. The home is spacious, managed by knowledgeable owners, and not located in a densely populated neighborhood. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. The lot is well screened and private,therefore,mitigating any impact on the adjacent properties. The owners have invested in additional evergreen screening around the property. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. Private carting of ordinary residential waste is provided. There is no anticipation that stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste is increased by the B&B use, particularly where the home is existing and these services will not be changed. P. Whether 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. The existing residence will not change,the bedrooms and bathrooms are developed. The use of the house by the number of people the house was originally designed to accommodate supports the proposed B&B use. The Town of Southold approved the establishment of B&B use in residential neighborhoods because the use remains residential. In deciding on any application for a special exception use,the Zoning Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. Should the Board consider imposing such conditions and safeguards we would ask that they be discussed on the record. The Town Code provides for safeguards to the community by requiring annual permits for the B&B use be issued by the building department. This permit requirement assures compliance with both the B&B regulations. CONCLUSION The applicant and his family wish to operate a B&B in their principal residence, a use which is considered customary and accessory to the residence. The applicant and his wife are highly qualified to manage the B&B use. The neighbors will not be adversely affected by a well run B&B. If there are any issues they can be addressed through the annual permit process. Moreover, a B&B in Orient will benefit the community by providing additional lodging on the eastern end of Southold Town. We respectfully request that the special exception permit to James O'Hagan be approved. Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 631-765-4330 Jb 71.E 1 6� 1w1D i�wo 9';'�g Robert P. Kuehn,Esq. 62 Parkwoods Road Manhasset,NY 11030 (516)627-9009 May 3,2016 VIA EMAIL AND HAND DELIVERY Town of Southold Zoning Board of Appeals Leslie Kanes Weisman,Chairperson 54375 Main Road Southold,NY 11971-0959 RE: James O'Hagen-Application Number 6945 Request to Establish a Bed&Breakfast Dear Chairperson Weisman, Please allow this letter to serve as opposition to the captioned application. I am a resident of Windward Road,a private drive located along the northern shore of Orient Point. The private drive essentially consists of approximately eight parcels of land' (the"Windward parcels"),six of those parcels developed with homes of varying and considerable value(the"Windward residents"). At least two parcels remain undeveloped at this time. My opposition to the application includes,but is not limited to,the following: 1, The O'Hagen's application essentially requests the introduction of commercial activities into an exceptionally small private neighborhood and would therefore have a profound negative effect on the quiet enjoyment of the Windward residents. 2. If the application were granted,the O'Hagens would invite the public to use the limited points of access created by easements intended for the exclusive use by the Windward parcels. These easements include: 1)the dirt drive serving as access to the Windward parcels,2)a walking easement for beach access located entirely upon private property and 3)a small 30 foot wide section of beach to service the Windward parcels also located entirely upon private property. The Windward residents are responsible for the maintenance and insurance of these easements as well as having paid for the cost of their development(e.g. a beach stair)and remain potentially liable for their use. It is inappropriate for applicant to commercially benefit therefrom and expose the Windward residents to added risk. 3. The applicant has been a transient renter and has been listing his home on various websites(see Exhibit A and https://www.liomeaNvay.coin/vacation-rental/p231307). To date it appears the O'Hagens have not used their Windward property as their primary residence;therefore,this application appears as a 1 Status of parcels abutting Main Road as having relevant easement rights to the private drive is currently unknown and therefore not included. qq�( response to the recent transient rental restrictions enacted by the Town of Southold and granting the application would serve to usurp such regulation. 4. The granting of the requested application will have a negative effect on the property value of the Windward parcels due to the introduction of a commercial element and the loss of quiet enjoyment. 5. The granting of the application will be an invitation for the public to enter private property and may have a negative effect on the safety and security of the Windward parcels. For these and other reasons, it is respectfully requested that the Board DENY the O'Hagan application. ubmitted, 4 Exhibit CC via email: Joseph Lafauci Demitra Kougentakis Alfred Eskandar ' Welcome to The Beach Hoy ',telax in Style... - HomeAway North Fol Page 5 of 19 A I Minimum Stay 14 nights t When you book through the HomeAway checkout,your booking is backed by our Book with Confidence Guarantee6� ll canmoie Overview Not(It Fork House Rental Photos and Description 9 �•� Spurious Open Concept,ta'Ceilings,5 Comfy Bedrooms,J Lux Dallis You Have Arrived,Breathe in the Salty Sea Air at The Beach House located in picturesque Orient Point,L I Step back in time in Orient by the Sea_It's hard to believe you're only a couple of hours Irom the city,Nestled down a,Pnvate road is the yellow shingle classic 3000 Sq Ft,custom home w/hardwood Floors throughout.This large entertaimng home is in pristine condition,immaculately clean,modern top of the line designer interior finishes soft soothing paint colors and brand new high end area rigs 1 in every room Enjoy cooking for family&friends in the cherry&granite kitchen with loads of cooking accessories,gas range/stainless appliances No Kids Table necessary'Gather around the enormous pottery barn farm style dining table,place setting for 14 The Beach House Great Room features a large open concept very relaxed y elegant atmosphere,plenty of comfy seating for the entire group Open the front door into the great room to breathtaking pastoral views and nature watching through three ° 8'tall French doors that open to a giant mahogany deck overlooking the Long Island Sound and a natural organic farm reserve Private beach"is 8003feeffroniVie4ibuee leas- than f•iniriiitc walk to oui-lovely Solt pebble beach with crystal clean water for all day family fun you can surf cast fish,kayak or hang out in Floats in the private calm water cove.5 Comfy Bed Sizes;2 King Beds,3 Queen Beds,I Full Bed&Trundle Daybed wi I•win Beds to comfortably sleep 14.guests max alllowed isl Floor has 2 Private Bedrooms,I King Bed facing back of house&I Queen Bedroom facing front of house each share a private porch and hallway bathroom 2nd Floor has the Master King Suite w/Private Bath&Balcony and endless views of the Long island Sound Family Suite on 2nd Floor sleeps 6 has one Queen Bed,one Full Bed and Trundle Daybed includes 2 twin beds.2nd Floor Cozy Queen Bedroom facing front of house.The House has central air conditioning serving all rooms of the home Things to Do,Drive 1 5 Miles to Orient by the Sed for Fishing Charters,Restaurant Tiki Bar,Orient State Park for fun in the sun,restroom facilities,children's play area,outdoor barbecues and s sandy bay beach with lifeguard Drive 5 Miles to Islands End Golf Course Public in East Marion,Drive 8 Miles to Greenport Village,this quaint seaside town is famous for Boating,Shopping&Eating great food Stop at roadside Farm stands sellmg,lust picked fresh seasonal produce Short drive to deeded town beach on Long Island Sound in East Marion.Long Island Wine Region Offers Wine Tasting making headlines for it's Chardonnays and Merlots.We hope you will slay with us this summer to Relax, Rekindle&Reboot,there's no place like home in Orient Point,you won't be disappointed, Suitability children welcome,non smoking only,pets not allowed {!pa�'` liil etS II�#�8i,t1�,�I wrier) it • u�a,tl wrsu,t �) $ 14 tt;'``xRes nsate, {AM, calAl endar last updated. February 20,2016 Peace of mind when checking out through HomeAway 1 Well back you with our Book with Confidence GuaranteeTtl J i i You'll get comprehensive payment protection when checking out on our website We're always here for you with customer service available 24/7 CID iRead more about our Iinuk i\ith t'unliden4c j i d d i � {Re,n•d,ti Sleeps 14 Bedrooms 5 i Bathrooms i ,.;,,. 3 S 4 https://www,homeaway.com/vacation-rental/p231307 5/2/2016 { Form ROO"(9/99)-2OM—Bargain and Sale Deed,with Covenants against Grantor's Acts—Indivldadl or Corporation (Single sheet) CONSULT YOUR LAWYER SEFOAE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD 13E USED BY LAWYERS ONLY. 0 / THIS INDENTURE, made the day of V) Two Thousand and One BETWEEN CARL VALENTINO and JENNIFER VALENTINO, his wife, both residing IU at 56 Glen Cove Road, Glen Head, N.Y. 11545 RECEIVEDir qr J WAY 0 9 2096 party of the first part,and ZONING BOARD OF APPEALS JAMES O'HAGAN, residing at 1080 Corey Creek Lane, Southold, N.Y. 11971 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 cerlatn plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Orient, Town of Southold, County of Suffolk and State of New York more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Main Road, said point being where the easterly boundary of other lands now or formerly of Brokaw and the westerly boundary of lands now or formerly of Sledjeski intersects the northerly line of Main Road, and District from said point of beginning; 1000 RUNNING north 23 degrees 00-minutes 00 seconds east 220.13 feet; RUNNING thence north 03 degrees 30 minutes 20 seconds west 145.83 feet to the true Section or actual point of beginning; and from said true point of beginning;. 014.00 RUNNING thence north 03 degrees 30 minutes 20 seconds west 143.0 feet; Block RUNNING thence.north 86 degrees 29 minutes 40 seconds east 275.39 feet to lands 02.00 now or formerly of Pappas; RUNNING thence along said lands now or formerly of Pappas south 08 degrees 03 Lot minutes 00 seconds east 143.45 feet; 030.001 RUNNING thence south 86 degrees 29 minutes 40 seconds west 286.76-feet to the true or actual point of BEGINNING. BEING AND INTENDED TO BE,the same premises conveyed to the party of the first part by deed dated 10/22/98 and recorded in the Office of the Clerk of Suffolk County on 11/20/98 in Liber 11929 at Page 957. 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 premise~ 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 putt has not done or suffered anything whereby the said premises have been encumbered to any way whatever,except as aforesaid. AND the party o1 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 consider- ation as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first Above written. Iv PRI'SI-W t• fir: 1 Val.entlyro iAMi Valentino Nuinber of pages RECORDED TORRENS 2001 Oct 111 10:04.:49 Atl n E�dwRrd P.Pomaine Serial# �! CLERK OF SUFFOLK COWITY Certificate# L D00012146 P q,a Prior Ctf. # IST# 01-10706 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Filing/ Page / g g Fee ---� Mortgage Amt. Handling 1.Basic Tax TP-584 Z.Additional Tax Notation Sub Total EA-52 117(County) Sub Total Spec./Assit. EA-5217(State) 0r Spec./Add. R.P.T.S.A. Cs� '� A TOT.MTG.TAX Comm.of Ed. 500 i - VrA Dual Town Dual County Held for Apportionment Affidavit �i_ � + Transfer Tax ---' � � ~aoiNVL�e _ Certified Copy ��✓�� Mansion Tax The property covered by this mortgage is or Reg. Copy ``�� will be improved by a one or two family Sub Total �J dwelling only. Other YES or NO GRAND TOTAL If NO,see appropriate tax clause on page# of this instrument. Ads► Real Property Tax Service Agency Verification ti Community Preservation Fund �tavn. Dist.' Section B lock Lot Consideration Amount $ , Sta aaa 01/ � 2�0� a 3a� CPF Tax Due $ --- Improved lnitia�� Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD TD 8 Title Compally Information Co. Name Cl 'C aG'a —et`,La� Title# Z"/-- 0-0 & 9 Suffolk County Recording & Endorsement Page Tlvs page fotrrts part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) _ The premises herein is situated in SUFFOLK COUNY,NEW YORK ca: TO / In the Township of 7�J 7'/- c� ? "(A d In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) I Illifll IIII VIII IIIA Ililf Iflil VIII Ififl Illil Illl fl�l i Illill Ilfil f 1111 Ifil IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/15/2001 Number of Pages: 3 At: 10 :04:49 AM TRANSFER TAX NUMBER: 01-10306 LIBER: D00012146 PAGE: 996 District: Section: Block: Lot: 1000 014 .00 02.00 030 .001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $130,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9.00 NO Handling $5.00 NO COE $5.00 NO EA--CTY $5.00 NO EA-STATE $25.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $15 .00 NO SCTM $0 .00 NO Transfer tax $520. 00 NO Comm.Pres $1,100 .00 NO Fees Paid $1, 689.00 TRANSFER TAX NUMBER: 01-10306 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County oN 01MAY �°9 2016 `°°r ' ` r0 M i NOR SuBVI�-i �v1v A 7- _ �'o Sao y •�+{sa� " a /vEw ya/eK s M6 f I y I g)¢038o 15 f+ Q J o �--No-r A-®r qO 4los ¢�!i'Y�bi4 bY/wtswEso sur✓dy• Vil7!r IK9 wnJ.vr+av�v f Ufa) ' ELEVATI ON5 SHOWN ARE BASED ON AN s ELEVATION OF QO A7 ORDIINAAY H*H yr Z WXrER,MAPLk IN L.r.souND. 1 Good¢ - F � -/ Jam. 7� .'y fir,� •'M ' t�l f J I a1 o I 6 I dha S y Ger»IIT iwe- SIG I /� � � - ►sasXpi��' AV do � � � • E � � _ w 7 v O Ij C f y- UitpyEgp Al1FEA71 v EcomE>,. T "MIM ' t ' SVWEI'5 HE NEW II /�N Tpp Oi THE NEW YOM STATt .�y-''.���•)fEyt�l� 'yyyj���'yyyTTE '!F 3 �CR mUEJ,1 4W. 'f TAL �ir I F�•'1 A i- 3p•�—"� T ��A M E.Ar Of INIS SWYtY MAC NOT BFAiIN6 +1 •, 141tYFY0A'S INiFD=-rya �• 1 +I yy yu 'mu rat w eONuoces 1 !'.7 6��Id �I41 tB �i p-.r, I g`7"zm r'T.v►uo iFIE co" ! '- 70WyfE09?E2xwr�ses pWAEaRsiryEcriEO NFioEt PEAU FINS • �` N—•OEp7 TOM p(SSTOM,4 WMF Asa WHOM FEE SUE`/ F -- 1—'"'' iSggFY T1�—m`wi�4 M1. AyyehSded "Nov :3.�y1p9r�Tr2�I lov 4-1) Ao'w� +y�g. y� �„ /� M NOR SUBD/V/L-,/0" 'A 7- I ANT u soy t ti tL 66 2&v 14 f 04 IV O ELEVATIONS 54OWN ARE IMED OMAN ELEVATION OF 0.0 AT'OLZDI 4AFL,'IGH -194021-1 WATUCL I-VQX IN L.r.5ouNg. 4;r t-_41 FT TWIST Wax 1- --4 Jb� AV yk i 4 c +cw:a.w-�r,��_ � a _ __ .a++ae���...�w_�..y-����•.�xwxar�n .:...-„_-�-_-.o;.....osazr-=u.=:=s„�,,,.c�+.Y..Yo.-:-�....�n:�.*�:,arzrr-c:=v,v..,=.+..s_,.:.�x.._,-� Southold Town Planning Board - 7 - November 29, 1972 kd Dea'' Dear Mr. Tommasini: The Planning Board has discussed this proposed major- subdivision and requests the. following changes: 1. There is no. access to the Sound; the• road must- extend to, Sound bluff. 2. There is insufficient frontage on lots on Sound bluff; must be 135 feet. 3. Park and playground area- must be provided. 4. Profile- and topographical maps•.must be - submitted. Very sincerely, John Wickham., ' Chairman David L. ,Gillespie presented map of his minor subdivision at East -Marlon. The map has been approved by the Department of Health and the application fee has been paid. - , On motion of Mr. Moisa, seconded by Mr-. Coyle, it was RESOLVED that final approval be granted to minor subdivision map of David .L. Gillespie, located at East Marion., New- York. Vote of the Board: Ayes: Messrs. Moisa, .Coyle, Raynor, Grebe; Wickham. David.- L.- Gillespie also presented map of-minor subdivision ,for Frank, StI ld?fio at Orient which has been approved by the Department of' Health. On motion of Mr. - Wickham, seconded by Mr. Grebe., it was RESOLVED that final approval be granted to minor subdivision map of Frank Stillo, located at Orient, New York. Vote of the Board: Ayes: Messrs. Wickham, Grebe, Coyle, Raynor, Moisa.. _t P � D T LD' *(ALK s � S Y Southold, N.Y. 11971 (516) 765-1938 November 25, 1986 Mr. William Price 828 Front Street Greenport, NY 11944 Re: Subdivision of formerly of Frank Stillo Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, November 24, 1986. RESOLVED that the Southold Town Planning Board accept the profile submitted by Inspector John W. Davis for the access road within the minor subdivision formally of Frank Stillo, now owned by BLBD Enterprises located at Orient. The Board also recommended that excavating be done between the stockpiles to provide leaching areas. Enclosed is a copy of the profile for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, o &�, - BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Arthur P. Foster - --��-s�.-oy.$.�ks��5.���^"'-",�-- -`"'_ __�� ��- :.G...-. ___.__-.�,__,.,,r .a..=_<..t_..-_T- �._�-ter•=„ ..mse-`..rsass�-.'�?:hF r°,':��"-��-�r_^�*.a..°,._`___ c,UFF�tx�, P D T LD rr S � Y Southold, N.Y. 11971 (516)765-1938 J� 7, JcS7 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, site plan) Hamle t 0r;e'S MATERIAL SUBMITTED: File # Suffolk County Tax Map No. /l- -30 1q - a ^ ►�•1 Sketch plan Preliminary map Street Profiles—�^ Grading Plan Preliminary site plan Final -Map Other 6v l7 v. Q rs c{`An� Comments: kon& 11 V.Jks_*-) Very truly yours, BENNETT ORLOWSKI, JR. ,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD m - ,, Alfred Eskandar 440 Windward Rd Orient, NY 11957 VIA EMAIL AND HAND DELIVERY Town of Southold Zoning Board of Appreals Leslie Kanes Weisman, Chairperson 54375 Main Road Southold, NY 11971-0959 Re: James O'Hagen—Application Number 6945 Request to Establish a Bed & Breakfast Dear Chairperson Weisman: I am a new resident of Windward Rd, a private road with only 6 homes, located along the northern shore of Orient Point. I am writing to voice my strong opposition to the above application. My opposition is based, but not limited to, the following: 1. The request, if granted,would introduce a burdensome level of commercial activity in an otherwise private and exceptional small neighborhood. It would cause an unfair maintenance and cleaning of the private road for all other residents. 2. As, only one of two waterfront residents,the granting of this application would violate the spirit of the current easement which was created for the exclusive use of the residents and their guests.The entire easement rests on my property and the maintenance and insurance costs are shared amongst the Windward residents. It is unfair to subject the other residents to the additional cost from frequent renters—not to mention the added risk. 3. The introduction of a commercial use property on a very small and private road would be out of character and would negatively impact all property values on Windward. 4. The introduction of numerous short term renters to a very small and private family road would have a very negative effect on privacy, safety and security for the other Windward properties. For these reasons, and others, I respectfully request that the Board DENY the application (#6945). Sincerely Yo s, Jr, Alfred Eskandar 0 �� Toth, Vicki From: Joe Lafauci <joelafaucimpi@gmail.com> Sent: Wednesday, May 04, 2016 4:36 PM To: Toth,Vicki Cc: Bob Kuehn; Dimitrak08; aeskandar@portware.com Subject: Opposition to Application#6945 Attachments: 2016_05_04_16_21_08.pdf To Whom it may concern: Please find our letter in opposition to application#6945 O'Hagan request for a B&B. In addition, the attached letter will be hand delivered at tomorrows hearing. Thank you for your consideration and trust that we can keep Windward Road in character with the other small safe and quiet roads in our area. Regards, Joseph Joseph Lafauci 0oe1afaucimpi(c_gmai1.com 212-947-4453 ext. 12 i / J Joseph and Rosalie Lafauci � 225-Windward Rd Orient, N.Y. 11957 VIA EMAIL AND HAND DELIVERY Town of Southhold Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 54375 Main Road Southhold,N.Y. 11971-0959 Re:James O'Hagan-application number 6945 Request to establish a bed &breakfast Dear Chairperson Weisman, We recently received a letter from the O'Hagans advising of their plan to host "friends and guests in two of their upstairs bedrooms". In the same envelope was a legal notice from the Town of Southhold advising that the O'Hagans want to establish a bed and breakfast using four bedrooms for lodging. We purchased the land at 225-Windward Road directly next to the O'Hagan property almost ten years ago,and this past year began construction of our dream house.This is to be our escape from everything that is New York City,where our family can gather and our four grandchildren ages two weeks to five years can play freely without the need to be fenced in from the world around them. A few years ago,the residents formed a homeowners association to deal with the gravel road or easement that runs across everyone's property,as well as the beach stairs. On more than one occasion over the years James O'Hagan contacted us to contribute to road improvement as well as beach stair construction and insurance costs.We agreed to contribute our share,though we did not yet have a home. The association covenant prohibits short term renters from using the stairs,and specifically states that a sign be posted at the stairwell indicating,"no trespassing. "Stairwell use for residents of Windward Road Association only". Are we to have someone physically guard the stairwell,and phone the police every time someone trespasses?Our police have a lot more important things to do than waste their time with this sort of business. We do not believe that our quiet,private road is an appropriate place to operate a commercial entity.We appeal to you as concerned homeowners with very young grandchildren to Deny the O'Hagan application. ,,Sincerely submitted, l cjs�tatau, James & Renee O'Hagan 1125 Windward Road Orient,NY 11957 617-584-o658 Reneemurray.ohagan@gmail.com April,IP 2016 _ Dear Neighbor,- This letter is to Inform you that James and Renee O'Hagan have applied for a special exception permit with the Town of Southold.Attached is a copy of the Legal Notice and property survey. Part of the application process is that we are required to inform you as our direct neighbors.We are following the guidelines set forth by the Town of Southold and feel this is the best course to proceed with now that the town passed a new law prohibiting short term private home rentals. Renee and lames will be living full time in their home this summer and overseeing every aspect of hosting our friends and guests in two of our upstairs bedrooms on an as needed basis. Our home is our pride and joy and we understand your home is your pride and joy. Our continued friendship is important to us and we highly respect your quality of life and value the peace and tranquility we all share and enjoy on our road. Warm Regards, (.�lIt,GS James&Renee O'Hagan Eleftherios& Dimitra Kougentakis 1155 Windward Road / Orient, NY 11957 May 3, 2016 Town of Southold Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 54375 Main Road Southold, NY 11971-0959 Re: James O'Hagen'—Application Number 9845 Request to Establish a Bed & Breakfast Dear Chairperson Weisman, The intent of this letter is to make opposition to the above referenced application number. For 20 years, I have been a resident of Windward Road, which is a private drive located along the north shore of Orient Point.This private drive contains several homes, including my own and Mr. O'Hagen's. I am opposed to Mr. O'Hagen's application to establish a bed & breakfast,for various reasons. 1. First and foremost, I am mostly concerned with the security of our beautiful, private community. If this application for a bed & breakfast is approved,then the private drive will be open to the public and our quiet neighborhood would suddenly allow strangers to enter this safe haven. 2. The application approval would also allow our community to become overpopulated and noisy. Currently,there is a 30-foot wide section of beach that services the residents, but if the bed & breakfast application is granted,then that would not leave much room for the current residents to enjoy this tranquil area that is part of our precious community. 3. With private amenities such as the private beach access and dirt road,the bed &breakfast would limit the space that is available to the current residents. Currently, liability for these areas falls with the Windward residents, as well as the maintenance and insurance. It would not be fair for the bed & breakfast to benefit from this and bring on an added risk to the current residents. 4. The property value of the current homes would decline since the private area is now being used in a commercial capacity,and the neighborhood would lose its quiet charm. For these reasons, my family and I oppose the application for the bed & breakfast on the O'Hagen's property. Thank �o , Dimitra ougentakis Robert P. Kuehn, Esq. 990 Windward Road Orient,New York 11957 (646)460-3554 May 9, 2016 MAY 0 9 2016 VIA EMAIL AND CERTIFIED MAIL ZONING BOARD OF APPEALS Mr. Scott A. Russell,Town Supervisor William Duffy, Esq., Town Attorney Town of Southold Town of Southold—Town Hall Annex 53095 Main Road 54375 Main Road Southold,NY 11957 Southold,NY 11957 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold 54375 Main Road Southold,NY 1197 RE: Windward Road -Transient Rentals and Bed & Breakfast Application Number 6945 Dear Supervisor Russell, Chairperson Weisman and Attorney Duffy, I am writing to you for the purpose of ensuring that the various departments of the Town of Southold are equally aware of the existing situation on Windward Road("Windward"). Windward Road is a private dirt drive located along the northern shore of Orient Point that terminates on the Long Island Sound. There are six homes on Windward. All six of these homes are currently secondary residences.' Two of these hornes have been providing per diem rentals. The Town has been extremely helpful in trying to stem the weekly party scene at 590 Windward.2 Mr. Stephen Kiely and the code enforcement officer have been particularly attentive to this issue. However; despite these considerable efforts,the rental activity at 590 Windward continues unabated. On May 1, 2016 my immediate neighbor notified me that they had received a certified letter fi•om James O'Hagan regarding an application for a permit to operate a Bed &Breakfast at 1125 Windward.' (Accordingly,the non-notified neighbors had little time to respond prior to the ZBA's May 5, 2016 public hearing.) This is the second of the two rental properties noted above. However, 1125 Windward, to the best of my knowledge, has not engaged in the same level of activity as 590 Windward since the Town of Southold enacted the transient rental restrictions last fall. For the last several years, on any given weekend, 30 or more strangers came to Windward. On several occasions that number was well over 60 when the parties were larger. Needless to say, that kind of As per Town of Southold current tax roll. z See,Southold Town Issued Five Tickets to Short-Term Renters so Far, The Suffolk Times, December 3,2015 http:Hsu ffoIktimes.timesreview.corn/2015/12/64141/southo Id-town-issued-fi ve-tickets-to-short-term-ren ters-so-far/ 3 We received no such notification although we are less than 200 feet from the Applicant. activity is keenly felt on a private road of six homes. The effects on our quiet enjoyment and property are profound, The O'Hagan's application for a B&B has all the characteristics of an end run around the Town's rental law, In this case, we are dealing with a second home whose owners seek to generate supplemental income. B&Bs traditionally are owner occupied primary residences. The O'Hagan application has apparently been submitted under the premise that they will be in residence when they have guests. This is very different than the traditional framework. If granted,what is to prevent a similar application by the owner of 590 Windward and other properties? The arguments and representations will be substantially similar and a precedent will be set for not only Windward, but for the remainder of Southold as surely this will become common knowledge. The difficulty with enforcement is already well established. It is submitted that the granting of the O'Hagan application and the continued rental activity at 590 Windward is antagonistic to the Town's efforts to curtail the disruptiveness of short term rentals. Allowing these conditions to exist within a private neighborhood would also set a precedent that such activity is appropriate anywhere in the Town of Southold and that no one should feel safe from such intrusions regardless of the location of their property. For these reasons and those submitted in my letter of May 3, 20164 to the Zoning Board, I appreciate your kind consideration of the matters mentioned herein, Si ely submitted CC; Stephen Kiely David Leno, Esq.—Rivkin, Radler LLP 4 See attachment ( f k/ RECEIVED / t ' 6c "l Toth, Vicki MAY 0 4 2016 From: Robert Kuehn <Robert.Kuehn@us.siriusgroup.com> ZONING BOARD OF APPEALS Sent: Wednesday, May 04, 2016 8:54 AM To: Toth,Vicki Subject: O'Hagen Application#6945 -Zoning Board Hearing May 5, 2016 Attachments: OHagan Application Response Letter.pdf Dear Ms.Toth, It recently came to my attention that the captioned matter is set for hearing before the Zoning Board this Thursday May 5, 2016. Attached please find my letter as a concerned party which I would like to have presented to the Board in advance of the hearing. Thank you for your assistance with this matter and your confirmation of such is appreciated. Sincerely, Robert P. Kuehn 212-312-0232 Robert P.Kuehn,Esq. SVP,General Counsel&Secretary Sirius America Insurance Company 140 Broadway,32""Floor New York,New York 10005 212-312-0232 www siriuseroup coin Important Notice: The contents of this email and any attachments are confidential. It is intended for the named recipient(s) only. If you have received this email in error please notify the system manager or the sender immediately and do not disclose the contents to any one or make copies. This email was scanned for viruses, vandals and malicious content. 1 Robert P. Kuehn, Esq, 62 Parkwoods Road Manhasset,NY 11030 RECEIVED ([ 1 qc (516)627-9009 MAY 0 4 2016 May 3,2016 ZONING BOARD OF APp'EAL6 VIA EMAIL AND HAND DELIVERY Town of Southold Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 54375 Main Road Southold,NY 11971-0959 RE: James O'Hagen-Application Number 6945 Request to Establish a Bed & Breakfast Dear Chairperson Weisman, Please allow this letter to serve as opposition to the captioned application. I am a resident of Windward Road, a private drive located along the northern shore of Orient Point. The private drive essentially consists of approximately eight parcels of land' (the"Windward parcels"), six of those parcels developed with homes of varying and considerable value(the"Windward residents"). At least two parcels remain undeveloped at this time. My opposition to the application includes, but is not limited to,the following: I. The O'Hagen's application essentially requests the introduction of commercial activities into an exceptionally small private neighborhood and would therefore have a profound negative effect on the quiet enjoyment of the Windward residents. 2. If the application were granted,the O'Hagens would invite the public to use the limited points of access created by easements intended for the exclusive use by the Windward parcels. These easements include: 1)the dirt drive serving as access to the Windward parcels, 2)a walking easement for beach access located entirely upon private property and 3)a small 30 foot wide section of beach to service the Windward parcels also located entirely upon private property. The Windward residents are responsible for the maintenance and insurance of these easements as well as having paid for the cost of their development(e.g. a beach stair)and remain potentially liable for their use. It is inappropriate for applicant to commercially benefit therefrom and expose the Windward residents to added risk. 3. The applicant has been a transient renter and has been listing his home on various websites(see Exhibit A and littps://www.lioiiieaNvay.coi-n/vacation-i-eiital/p231307). To date it appears the O'Hagens have not used their Windward property as their primary residence;therefore, this application appears as a ' Status of parcels abutting Main Road as having relevant easement rights to the private drive is currently unknown and therefore not included. response to the recent transient rental restrictions enacted by the Town of Southold and granting the application would serve to usurp such regulation. 4. The granting of the requested application will have a negative effect on the property value of the Windward parcels due to the introduction of a commercial element and the loss of quiet enjoyment. 5. The granting of the application will be an invitation for the public to enter private property and may have a negative effect on the safety and security of the Windward parcels. For these and other reasons, it is respectfully requested that the Board DENY the O'Hagan RECEIVED b �� application. MAY 0 4 2010 ubmitted, ZONING BOARD OF APPEALS v Exhibit CC via email: Joseph Lafauci Demitra Kougentakis Alfred Eskandar Minimum Stay 14 nights When you book through the HomeAway checkout,your booking is backed by our Book with Confidence Guarantee G( � Learn more RECEyve® MAY ®4 20i6 Overview Z01VI1VG J30 ARD North Fork llouse Rental Photos and Description AR®O���P�e Spacious Open Concept,10'Ceilings,5 Comfy Bedrooms,3 Lux Baths You Have Airived'Breathe in the Salty Sea Air at The Beach House located in picturesque Orient Point,L I Step back in time in Orient by the Sea It's hard to believe you're only a couple of hours from the city.Nestled down a private-road'is the yellow shingle classic 3000 Sq Fl custom home w/hardwood floors throughout This large entertaining home is in pristine condition,immaculately clean,modern top of the line designer interior finishes soli soothing paint colors and brand new high end arca rugs in every room Enjoy cooking for family&friends in the cherry&granite kitchen with loads ofcooking accessories,gas range/stainless appliances No Kids Table necessary!Gather around the enormous pottery barn farm style dining table,place setting for 14 The Beach I-louse Great Room features a large open concept very relaxed elegant atmosphere,plenty of comfy seating for the entire group Open the front door into the great room to breathtaking pastoral views and nature watching through three 8'tall French doors that open to a giant mahogany deck overlooking the Long Island Sound and a natural organic farm reserve Private beach))800.tett froiri ttie.lioiisc-less7l Chan I minute-walk to our lovely soft pebble beach with crystal clean water for all day family fun you can surf cast fish,kayak or hang out in floats in the private calm water cove 5 Comfy Bed Sizes,2 King Beds,3 Queen Beds,I Full Bed&Trundle Daybed w/Twin Beds to comfortably sleep 14 guests'max alllowed I st Floor has 2 Private Bedrooms,I King Bed facing back of house&I Queen Bedroom facing front of house each share a private porch and hallway bathroom 2nd Floor has the Master King Suite w/Private Bath&Balcony and endless views of the Long island Sound Family Suite on 2nd Floor sleeps 6 has one Queen Bed,one Full Bed and Trundle Daybed includes 2 twin beds.2nd Floor Cozy Queen Bedroom facing front of house The House has central air conditioning serving all rooms of the home Things to Do;Drive 1.5 Miles to Orient by the Sea for Fishing Charters,Restaurant Tiki Bar,Orient State Park for fun in the sun,restroom facilities,children's play area,outdoor barbecues and sandy bay beach with lifeguard.Drive 5 Miles to Islands End Golf Course Public in East Marion,Drive 8 Miles to Greenport Village,this quaint seaside town is famous for Boating,Shopping&Eating great food Stop at roadside Farm stands sellmg,lust picked fresh seasonal produce.Short drive to deeded town beach on Long island Sound in East Marion.Long island Wine Region Offers Wine Tasting making headlines for it's Chardonnays and Merlots We hope you will stay With us this'summer to Relax, Rekindle&Reboot,there's no place like home in Orient Point,you won't be disappointed, Suitability. children welcome,non smoking only,pets not allowed Y fxFz r t s�rsr .. r^z+ to T'z ; t' ttiv f. s f ,s� .��x .;;`'s,�F �;�.t7esi�®�rAxgahi, caner) M since",;y909;'�•v., r->�♦1� ,i" -�%�f1.`��r I'VE �' y ; n it f �Z', t. u ;QCT;:r,:c�I�eysR`ops�'.rate:���•r �.j� alendar last updated February 20,2016 Peace of mind when checking out through HomeAway We'll back you with our Book with Confidence GuaranteeT^i C� You'll get comprehensive payment protection when checking out on our wvebsno UWe're always here for you with customer service available 24/7 J S� Read more about our Boni,%with c onfitlencc Quaiantee"I S Revicitw Sleeps 14 Bedrooms 5 Bathrooms 3 https://www.homeaway.com/vacation-rental/p231307 5/2/2016 CC#: C12-18820 T i COUNTY CLERKS OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 05/09/2012 under Liber D00012692 and Page 927 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/09/2012 SUFFOLK COUNTY� CLERK �tt cLrx.C. �. Y.��•�•, o . JUDITH A.PASCALE SEAL i !!11!1(1[Ill Ili!![1111 illll lull Iilll I!!!I(1(11 llli III( l(11((1[lilt ILII![[1(!111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/09/2012 Number ,of Pages: 7 At: 03:31:51 PM Receipt Number : 12-0053272 LIBER: D00012692 PAGE: 927 District: Section: Block: Lot: 1000 014. 00, 02.00 030.006 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling : $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.50 NO Cert.Copies $5.20 NO RPT $60.00 NO Fees Paid $140.70 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County _2 ; uL2 Number of pages RECORDED a� 2012 play 09 03:31:51 PPI \_\ JUDITH A. PASCALE This document will be public CLERK OF record.Please remove all SUFFOLK COUNTYL D00012692 Social Security Numbers P 927 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation 5pec./Amlt, or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG,TAX R.P.T.S.A. if�Z= J Dual Town Dual County Held for Appointment Comm.of Ed. S. 00 Transfer Tax x Affidavit Mansion Tax Certified Cop � • The property covered by this mortgage Is gs ao or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total Other YES or NO u b Grand Total 1 O.� If NO, see appropriate tax clause on page# of this instrume t.f S i d- 4 Dist. 1000 1000 01400 0200 030006 ,pJ 5 Community Preservation Fund Real Property Tax Service R SFL A Consideration Amount$ Agency 03-MAY-1 CPF Tax Due $ Veriflpatlon Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TO Charles R.Cuddy,Esq. 445 Griffing Avenue TD Riverhead,NY 11901 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# s Suffolk County Recording & Endorsement Page This page forms part of the attached AMENDED DECLARATION OF COVENANTS made by: (SPECIFYTYPE OF INSTRUMENT) PETER G.GORMAN and GRACE G.GORMAN The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In theTOWN of SOUTHOLD Peter Kougantakis,Eleftherios and Dimitra In the VILLAGE Kougantakis,James O'Hagan&Joseph&Rosalie or HAMLETof ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over I ' AMENDED DECLARATION OF COVENANTS ` THIS DECLARATION made and dated this 0 day of / + � ,2012, by GOrrnCR-n Peter and Grace Gorman, residing at 162 E. 80th Street, Apt. 4C New York, NY 10021 Peter 96-0S KouggAntakis residing at 57 Bassett Street, Brooklyn, NY 11234, Eleftheriosn9aR( %Qtra Kougantakis residing at 2412 National Drive, Brooklyn, NY 1123�4k James O'Hagan residing at 47-27 Little Neck Pkwy.,Apt 6H Little Neck NY 11362 and Jose p4h andr Rosalie LaFauci residing at 440 East 79th Street Apt. 15E,New York,NY 10075 WITNESSETH: WHEREAS,Declarants are the owners of lots situated at Windward Road in Orient,New York,with the parcels identified on the Suffolk County Tax Map as 1000-14-2-30.6, 1000-14-2-30.5, 1000-14-3-30.2, 1000-14-3-30.1,and 1000-19-1-12.4; WHEREAS,Declarants have made a Declaration dated the 4th day of November 2009 recorded with the Suffolk County Clerk on December 10,2009 at Liber 12609 at Page 234; WHEREAS, the Declarants wish to amend the"Declaration" recorded on the 10th day of December,2009 at Liber 12609,Page 234 with the Suffolk County Clerk as follows: NOW,THEREFORE,THIS DECLARATION WITNESSETH: The Declarants do hereby make known,admit,publish,covenant and agree that said Lots as above described shall hereinafter be subject to the following covenant which shall be binding upon all purchasers and holders of said Lots, their heirs, executors, legal representatives, distributes,successors and assigns,to wit: 1. Declarants have formed the Windward Road Association to assist in maintaining the roadway known as Windward Road and maintain and enforce the rules for the 8 foot beach access easement that runs across the westerly portion of 440-Windward Road(SCTM# 1000-14-2-30.6),described on Schedule A annexed hereto as well as to provide for the use of the beach area. 2. Declarants intend to construct a stairway providing access to the beach area, which beach area is described as being 30 feet in width from the westerly boundary of the 8 foot right-of-way accessing the beach with a length equal to the distance of the ordinary high water mark of Long Island Sound and the toe of the bank or bluff adjacent to and immediately South of the beach. The stairway will be locked, with passage limited to Association members and house guests of members. Short Term renters will not have use of the stair and a sign will be posted at the stairwell indicating"No trespassing. Stairwell use for residents of Windward Road Association only" 3. Waterfront (440 Windward Road, presently owned by Peter and Grace Gorman) presently and upland owners will share equally the cost of insurance and repairs and maintenance expense for the easement stairwell after re-location to the easement location and roadway known as Windward Road. The easterly waterfront lot presently owned by Petros Kougentakis, shall only be responsible for the equal share of insurance and road repair and maintenance, not the easement stairwell repair and maintenance cost. In addition to sharing the expense for insurance, road repair and maintenance the upland owners will share equally the expense for the each stair permit, including but not limited to expediting and filing fees and legal fees, engineering fees and construction. A general liability policy of 1MM will be upheld by the association for the roadway, upon commencement of stair construction, excess liability coverage in the amount of 2MM will be upheld by the upland owners participating in beach access stair development. Construction of the stair will commence only after obtaining all regulatory approvals and building pen-nits such as Town of Southold Trustees, NYSDEC and Army Corp. of Engineers,if applicable. (a) Upland owners are the owners of lots presently designated on the Suffolk County Tax Map as 1000-14-3-30.2, 1000-14-3-30.1, and 1000-19-1-12.4 (b) Waterfront owners are the owners of lots presently designated on the Suffolk county Tax Map as 1000-14-2-30.6 and 1000-14-2-30.5 (c) Notwithstanding any other provision of this Declaration of Covenants or the Associations bylaws and decision of the Association relating to use of Windward Road, or dues, insurances or any business to Windward Road shall be adopted by unanimous consent of the members of the Windward Road Association. 4. Fires are not permitted on the beach area. 5. Gathering of persons after 10 p.m. is not permitted on the beach area. There shall be no storage of any kind on the beach easement or on any part of the stairs or easement providing access to the beach. 6. Owners at Windward Road who do not contribute to the initial costs associated with the construction of the stairway and have not contributed annually to the upkeep of ,the stairway will not have use of the stairway until they pay the proportionate amount assessed to each owner of the Association. 7. The stairway will be located at the end of the 8 foot wide beach access easement that runs along the westerly line of 440 Windward Road. Each of the present owners and the assignees and successors of such owners shall have equal ownership of the stairs and shall have an equal obligation to maintain the stairs. t 8. Membership in the Windward Road Association is limited solely to the owners of lots through which the road runs,as well as those contiguous to the road. 9. All Association members, upland and waterfront shall annually be billed for insurance, maintenance and upkeep/repair of the road, beach easement and beach stairs, which shall include timely repairs within a 30 day period following storm damage. The easterly waterfront lot presently owned by Petros Kougentakis will not be responsible for maintenance and repair costs for the easement stairwell, is still responsible for association insurance and road repair and maintenance costs. Failure to pay in accordance with the bylaws will result in suspension from the Association. A suspended member will not be in good standing and will not be permitted to vote on any Association business, activity, or circumstance requiring a vote until payment of any sum owed to the Association. 10. These covenants shall run with the land. 11. The provisions of this Declaration may only be amended by a unanimous vote of members in good standing. IN WITNESS WHEREOF, the above Declarants have executed the foregoing Dec tion the day and year first above-written. PeterGo Grace Gorman -rs S L L--D Petros Kougantlds Ele s Koug takiis antalds Jam 'Hagan wk-� e� J e aFauci Rosalie LaFauci STATE OF NEW YORK: SS.. COUNTY OF Nem 'du&: rrte�,, On the 19 day of A�''r t l ,2012 before me,the undersigned,personally appeared PetBr ana Grace Gorman, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual,or the person upon behalf of which the individual acted,execut instrument. Notary Public KAREN Y CHOTO E y Public•State of New YorkNO.01CH6249069 alified in Oueen C 'mission Expires CI 1S STATE OF NEW YORK: j : SS.: COUNTY OF I S On the U day of t ,2012 before me,the undersigned,personally appeared Petros Kougantakis,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. ELAINE X KIS ew'L� owdu)�3 notary public,Statetate of of New York No:01XE6224496 Qualified in Kings County Notary Public WfflisewE#"jL4y6.2D14 STATE OF NEW YORK: . SS.. COUNTY OFic�5 On the day of �Qrl ,2012 before me,the undersigned,personally appeared Eleftherio� imitra Kougentakis,personally known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. EU11Nli X tate of KIS New t'(4� �qm Notary Pubik,State of New York No:01XE6224496 Qualified in Kings County Notary Public Coir jWcn E .*6,2014 STATE OF NEW YORK: SS.. COUNTY OF�1 ! Ud - On theot�dof yip 2� L ,2012 before me,the undersigned,personally appeared G'1 James O'Hagan,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. HANNELORE H.UHL M tart'Public,State of New York No.01 UH506841 2 fled in New York County ,/ No 4 orr Exp,4ras til-0�'f- + STATE OF 1-)Ehj yp/�1�! } )ss.: COUNTY OF �,.� '��,,r k ) sa On the day of�,2012,before me,the undersigned,personally appeared EctuG Josep�and Rosalie LaFauci per pally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument,and that such individual made such appearance before the undersigned in the(insert city or other political subdivision and the state or country or other place the acknowledgment was taken). ROBERT V M®�New York po�ry public-Stet No.o1NE5220201 (jueiltled in Suffolk Countyires 2014 My Commis:slon Earn Notary Public J1 � SCHEDULE A ALL that certain plot,piece,or parcel of land situate,lying and being in Orient,Town of Southold, County of Suffolk and S#ate of New York more particularly bounded and described as follows: BEGINNING at a point on the northerly side of New York State Route 25 (Main Road) said point being where the easterly boundary line of lands now or formerly of Brokaw and the westerly boundary of lands now or formerly of Sledj eski intersects the northerly line of Main Road and from said point of beginning: RUNNING North 23 degrees 00 minutes 00 seconds East 220.13 feet; RUNNING THENCE North 03 degrees 30 minutes 20 seconds West 595.83 feet to the westerly property line of land now or formerly of Peter G. Gorman and Grace G. Gorman the true point or place of beginning and from said true point or place of beginning: .Along the westerly line of an eight foot wide pedestrian right-of-way which westerly line is North 03 degrees 30 minutes 20 seconds West 404 feet more or less to the Long Island Sound beach area which beach area is 30 feet in width from the westerly boundary of the above-described walking right of way and a length equal to the distance between the ordinary high water mark of Long Island Sound and the toe of the bank or bluff adjacent to and immediately south of the beach,said length never to be construed as extending to any piece or parcel of land not consisting of beach, and RUNNING THENCE to the easterly line of said beach area south and west to the eastlerly lin eof said 8 foot right of way and RUNNING THENCE continuing south along said 8 foot right of way to a point on the southerly line i of land now or formerly of Gorman and RUNNING THENCE westerly across the 8 foot right of way to the point or place of BEGINNING. I 4� N v #12842 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper oncerc-each week for 1 week(s), successfully commencing on the 30th day of June, 2016. 4,-Zzw�-' —/--- — If Principal Clerk A,&Sworn to before me this day of 2016. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qucalltled In Suffolk County fily Commission Expires February 28,2020 tor's February 23,2016 Amended March family-dwelling;at;1)less-than.the.code- review during regular business hours and NOTICE OTICE 24, 2016 Notice-of Disapproval based -required minimum side yard setback of prior to the dray"of the hearing. If you SOUTHOLD TOWN ZONING on an application for building permit to 10 feet,located at:205 Knapp Place,(aka have questions,please contact our office BOARD OF APPEALS demolish existing dwelling and construct 326 Knapp Place)Greenport,NY SCTM at,(631)765-1809,or by email:KimF@ THURSDAY JULY 7,2016 a new single family dwelling and a new -#1000-34-2-18.1 southoldtownny gov PUBLIC HEARINGS . accessory in-ground swimming pool,at, 11.20 A.M.'--ROBERT AND BETH Dated:June 13,2016 NOTICE IS HEREBY GIVEN,pur- 1) proposed accessory in-ground swim- ELLIOTT#6967-Request for Variance ZONING BOARD OF APPEALS suant to Section 267 of the Town Law and ming pool in location other than the code from Article=I Section 280-116A(1) LESLIE KANES WEISMAN, Town Code Chapter 280(Zoning),Town required rear yard or front yard on•wa- and the-Building Inspector's March,17, CHAIRPERSON of Southold,the following public hearings terfront property,2) proposed dwelling 2016 Notice of Disapproval based on an BY.Kam Fuentes will be held by the SOUTHOLD TOWN results in existing accessory shed in lora- application for building permit to con- 54375 Main Road(Office Location) ZONING BOARD OF APPEALS at tion other than rear yard or front yard on struct an addition to an existing single 53095 Main Road(Mailing/USPS) the Town Hall,53095 Main Road, P.O. water front properties, located at 1795 family dwelling at;l)proposed addition P.O.Box 1179 Box 1179, Southold, New York 11971- Central Drive (Summit Drive), Matti- is less than the code required setback Southold,NY 11971-0959 0959,on THURSDAY.JULY 7,2016. tuck,NY SCTM#1000-106-1-30.2 of 100 feet from the top of the bluff,2) 12842-IT 6/30 .9.15 A.M. - RUSSELL H. BATES 10:30 AX.-ROBERT AND CHRIS- proposed addition exceeding 1,150 sq.ft. #6964-Request for Variances from Arti- TINE HEMPEL 06969'- Request for total-building area as,stated in condition cle XXIII Section 280-124 and Article III Variances from Article XII Section 280- no:l,of th6,prior,ZBA decision•Nq.5555; Section 280-15 and the Building Inspec- 116A(1)and Article XXIII Section 280- dated October 7,2004; -located''at- 275, tor's April 18,2016 Notice of Disapproval 124,and the Building Inspector's May 11,' West Road,(adj.to Cutchogue Harbor) based on an application for building 2016 Notice of Disapproval based on an Cutehogue,NY SCTM#•1000-110-7-11.1 permit to construct an accessory storage application foY a building-permit to con- r.;i 00 RM -ANTHONY AND LISA ; shed,at;l)more than the code permitted struct a new roof over'an'as-built'front SANNINO #6882 – (Reopened on maximum lot coverage of 20%,2)acres- porch and new screened enclosures over 5/5/2016 by unanimotis Board resolution). sory storage shed proposed in other than existing rear deck attached to an existing Regiiestfor Variance'under Article III- the code required rear yard,located at:15 single family dwelling,at;l)the proposed Code Section 280-13A(4)and the Build- Mall Road,(adj.Mattituck Creek)Matti- deck enclosure,'as built'front porch with ing Inspector's June 17,2015;amended tuck,NY SCTM#1000-106-4-2 proposed roof is less than code required June 23,2015 Notice of Disapproval for a 9:30 A.M. (ADJOURNED FROM setback of 100 feet from the top of the building permit to coristruction`of a win- MAY 19.2016 SPECIAL MEETING)– bluff,l)less than the code required mini- ery/tasting room; at:1),,winery located, JAMES O'HAGEN #6945 - Applicant mum side yard setback of 10 feet,2)less on-,a parcel less than the code regtiired requests a Special Exception under Ar- than the code required total side yard set- minimum of,at least 10 acres devoted to ticle III Section 280-13B(14).The Appli- back of 25 feet,located at 160 Lakeview vineyard or other agricuituraf purposes, cant is the owner requesting authonza- Terrace,E.Marion SCIM#1000-31.-9-17 located at:15975 County"Route 48(aka tion to establish an Accessory Bed and 10.45 A.M.-NEI Middle-Road)'and 7495 Alvah's Lane 4 Breakfast, accessory and incidental to ARNS#6962 -,Request for Variances Cutchogue, NY. SCTM#1000-101=1-14.6 I the residential occupancy in this single- from Article XXIII Section 280-124 and &14.4 family dwelling,with four(4)bedrooms the Btdldirig Inspector's April 5,2016 No- <' 1:30 P.M.—(ADJOURNED FROM- ; for lodging and serving of breakfast to lice of Disapproval based on an applica- ,0RIIL;v21' 16 tiSPE CIWV; MEET i the B&B casual,transient roomers. Lo- hon for building permit for additions,and )NG)–FRANK J arid,ELIZABETH G cation of Property:1125 Windward Road alterations t&-an,existing single•family 'KEL-LY,#6946{-This_is,,a request under Orient,NY. SLIM#1000-14-2-30.1 dwelling,at;l)less than the code'requiredSecfidn`280;146D•foi a Reversal of,the 9.45 A.M. - WICKHAM ROAD, minimum.side yard setback of 20 feet, restrictton,ton the-length=of;watercraft LLC#6968-Request for Variance from 2)less than the code regtiired total side permitted at the marina as listed in the Article X,Section 28045A&C(2)and yard setback of 40 feet,located at:18075 Pre-CO,#38052 issued-1/1412016,.prop- the Building Inspector's March 22,2016 Soundview Avenue,(adj.to Long Island erty located at:1900 Great Peconic Bay Notice of Disapproval based on an appli- Sound) Southold, NY. SCTM#1000-51- Boulevard(adj.to Brushes Creek),Lau- cation for building permit to maintain an 1-8 rel,NY. SCIM#1000-145-4-3 apartment,1)existing apartment without 11:00 A.M.-GABRIELAND KATH- The Board of Appeals will hear all a principal use building,located at 12800 ERINE ACRI#6966-Request for Vari- persons or their representatives, desir- Route 25,(NYS Route 25)Mattituck,NY arice from Article XXIII Section 280-124 ing to be heard at each hearing,and/or SCTM#1000-114-11-15 and the Building Inspector's April 27, desiring to submit written statements 10:10 A.M.-BILL LYVANOS#6965 2016 Notice of Disapproval based on an before-tire conclusion of each hearing. - Request for Variances from Article III application for building permit for addi- Each hearing will not start-earlier than Section 280-15 and the Building Inspec- tions and alterations to an existing single designated above. Files are available for 6 •n>tr Tarvns f BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �� _ 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office,Location: , Gerard P.Goehringer = : ,, _ Town Annex/First Floor,Capital One Bank, GeorgeHorning �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��C®U � Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF-APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 5, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code- Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MAY 5, 2016: 10:30 A.M. - JAMES O'HAGEN #6945 - Applicant requests a Special Exception under Article III Section 280-136(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential' occupancy in this single-family dwelling, with four (4) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 1125 Windward Road Orient,• NY. SCTM#1000-14-2-30.1 The Board of Appeals will hear all persons, or their representatives, desiring to-_be heard- at each hearing, and/or desiring to submit written,statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(c_Town.Southold.ny.us Dated: April 11, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 0(4 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS ���pplicants) SCTM Parcel ff 1000- COUNTY OF SUFFOLK STATE OF NEW YORK - i,�•-�v�2.2,�J r� ©��'�Z residing at < <2,S New York, being duly sworn, depos�says that: Oilthe l�4 day of-A-P)Zt L ,20)Q I personally mailed at the United States Post-Office in �J4WI /l�G , New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of thD attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( }Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or.vehicular right-of-way of record, surrounding the-ap 'cant's property_ igna e) Swoin to before me this i g day of �1 ` , 20 MARINA KOKKINCS Notary Public e State of Now York No.0•1 K06191941 Qualified in Suffoik 0ounty (11o'—t Pu ic) Gley Commission Expires Aug.25,2®16 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. 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Article Number':1 ; ! g ;`. i i ;i i _ �` (Transfer from service label) ) { 7015 0920 0pp1 1805 2089 PS Form$811,July 2013- es is Return Receipt ■ Complete items 1,2,and 3.Also complete A Signature,,,7 item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse I so that we can return the card to you. Addressee r ■ Attach this card to the back of the mailpiece, B Received by(Printed Name) C. to livery il or on the front If space permits. I I. Article Addressed to: D. Is delivery address different from item 1 s If YES,enter delivery address below: ❑No We5-rLC, $ 3-3 e ,jam,' ff '' dd p�p 3. Service Type c �V y p i/® O2ertified Mails ❑Priority Mail Express ❑Registered ❑Return Recejpt for Merchandise j ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) 11 Yes i 2. Article Number I — (�ransferfrom servicE-, 9600`=5092``Cp00 0260 5`L0Z PS Form 3811 Jul 2013 Y Domestic Return Receipt i ■ Complete items 1,2,and 3.Also complete A. Sig ture Item 4 if Restricted Delivery Is desired.■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name)7777 Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No I 7 A40 SU 2 dl ! �/ t C C 3. Service Type 14-61ertified Mail® ❑Priority Mail Express ❑Registered ❑Return Receipt for Merchandise f ❑Insured Mail ❑Collect on Delivery t- r 4. Restricted Delivery?(Extra Fee) ❑Yes Article-Number 7 015 0920, 0 0 01 18 0 5, 2,102 (Transfer from s_:___ T i_ I I SIS Form`381;1,'July'2013 . Domestic Return Receipt j 0 0 7Rec■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. � ❑Agent w Print your name and address on the reverse ❑Addresseeso that we can return the card to you. y(Printed Na..) C. Date of Delivery e Attach this card to the back of the mailpiece, (� or on the front if space permits. D. Is delivery addr' 4e ire 1? 13 Yes 1. Article Addressed to: If YES,enter address be E]No 1 -ta% YIT Ll i ( 3. S ice Type Certified Mail" n'P.riority Mail Express' ® 11 Registered El Return Receipt for Merchandise ` � 11 Insured Mail El Collect on Delivery i \0 4. Restricted Delivery?(Extra Fee) El Yes 2. Article Number — (rransfer from servic ?015 09 0001 1805 2119 PS Form 3811,JulT2 Domestic Return Receipt �i T" TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#I000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, .� PL6,75residing atI-„5 Dim'6?&A New York, being duly sworn, depose and say that: On the I clay of A-PR; L) , 201 to , I personally placed the Towns- Official ownsOfficial Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, Iocated ten(10) feet-or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of--way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be D 1p tur Sworn to before mthis 01u bay ofkyN 1201 �/ MARINA KOKKONOB Notary Public-State of New York No.0I KOSI 01941 My Commission Expires Aug.25,2010 otary Public) '� near the entrance or driveway entrance of my property, as the area most visible to passerby. �f 10�� K i CA t #12745 STATE OF NEW YORK) ii ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at } Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that li the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 28th day of April, 2016. Principal Clerk Sworn to before me this day of 2016. LEGAL NOTICE 10:00 AM. - CHRISTOPHER P. SOUTHOILD TOWN ZONING WRIGHT 46948-Request-for Variance BOARD OF APPEALS from Article XXIII Section 280-124'and ' THURSDAY MAY 5,2016 the Building Inspector's January-20;20i6 PUBLIC HEARINGS Notice of Disapproval based on an appli= NOTICE IS HEREBY GIVEN,pur- cation for building permit to construct ad- VTINA NSKI suant to Section 267 of the Town Law and ditions and alterations(dormers)to an we- Town Code Chapter 280(Zoning),Town j istingsingle fantilydwelling,at;1)lets than NOTARY PUBLIC-STATE OF NEW YORK of Southold,the following public hearings i the tacit requhed front yard setback of 35 No. 01V06105050 will be held by the SOUTHOLD TOWN ! feet,located at:2775 Bray Avenue Laurel, Qualified in Suffolk County ZONING BOARD OF APPEALS at the j NY'SCTM(#1000-126-9-13 4 Town Hall,53095 Main Road,P.0 Box My Oomt»I441an Eaglras February 28,2020 1179,Southold,New York 11971-0959,on 10:15 A.M. - ROBERT and Fst -11.00 A.M.-GERARD and TRISHA THURSDAY MAY 5.2016. F.NCE TAYLOR #6944 -.Request for POOLE 96949 - Request for Variance The Board p Appeals will hear all to be Variances from Article XXIII Section 280- q sons or their representatives desiring to be 930 A.M. - NEIL STRONSI4I iiid fromArticle7+�{IIISection280124andthe heard at each hearing,and/or desiring to j ary and the Building Inspector's Febru- February submit written statements before the con- P•g.TRTCIA PEREZ 46929—(Adj from Building Inspector's Feb 17,2016 No- 3/3/2016 PH Request for Variances cry n 2016 Notice r Disapproval based tice of Disapproval based on an application q PP PP clusron of each hearing. Each hearing will (Tont Article XXII Section 280-116A and on an application for building permit to I for building permit to construct an addition not start earlier than designated above. Article XXIII Section 280-124 and the demolish existing dwelling mith deck and to existingsingle family dwelling,at;1)less BuildinInspector's December 22,2015, construct new single family dwelling with than the code required front and setback Files si available for review during ay of g P 4 y lar business hours and prior to the day of Amended January 14, 2016 Notice of deck additions at;1) ]ess'than the. of 40 feet,located at:3493 Ole Jule Lane Disc ioval•based on an application for required minimum side yard setback of 10 Mattituck,NY.SCI'M#1000-122-5-22.1 the hearing If you have questions,please PP PP contact our office at (631)765-1809,or by building ermit to legalize`as built'addi- feet,2)less than the code required tom- 11.15 A M - HARRY and IItENE g P g bined side yard of 25 feet;located at:1010 email: April 2016 wn.Southold.ny.us bons/alterations and accessory structures PHH.IPP-OIJ..#6947-Request for Van- Dated:April11;2016 ' Dean Drive (adl. to Peconic Bay), Ca- and construct additions/alterations to the 28 .ZONING BOARD OFAPPEALS existing`as built'accessory structures,at; tchogue,NY SCTM#1000-116-5-11 ante under Article ct r's.Mn2c 02, and 10:30 A.M.-JAMES O'HAGEN#6945 the Building Inspector's. 2, 2016 LESLIE I{ANES WEISMAN,CHAIR- I)`tlte proposed and`as built' accessory -Applicant requests a,Special-Exception Notice of Disapproval based on an ap- PERSON constivciion is less than code required set- under Article III Section 280-13B(14).The plication for building permit for a lot line BY:Vicki Toth back of 100 feet from the top of the bluff, 54375 Main Road Office Location 2)`as built'deck addition is less than the Applicant is the owner requesting ed and change, at: less than the code required 53095 Main Road Mailin SPS) code required, of 100 feet from zatlon to establish an Accessory Bed and minimum lot size of 40,000 sq.ft.,located ( P� ) q Breakfast,accessory and incidental.to the at:2300&2200 Rocky Point Road East P.O.Box 1179 the top of the bluff,3)`as built'deck addi- i Southold,NY 11971-0959 residential occupahcy'in this single=family Marion,NY.SCTM#'s1000-31-2-7&6.2 tion located at less than the code required dwelling,with four(4)bedrooms for lodg- 1:15 P.M.-LAURIE BLOOM#6954- 12745-1T 4/...8 minimum side yard setback of 115 feet, ing and serving of breakfast to the-B&B This is a request under Article XXVI See- located at:7125 Nassau Point Road(adj. casual, transient roomers Location of tion 280=146Drequesting anINTERPRE- S Little Pecomc Bay) Cutchogue, NY Property: 1125 Windward Road Orient, TATION of Town Code,Article XXIII, SCTM A.M. 11OUT NY.SCTM#1000-14-2-30.1 Section 280-121(non-conforming uses)in 9:45 A.M.-SOUTHOLD SUNSETS 10A5 A.M. - MA -ANN FLEIS- relation to 11ansient rental ro erti lo- LLC#6951-Request for Variances from P P �' Article XXIII Section 280-124 and the CIIMAN #6950 - Applicant,requests a' gated at:1690 Paradise Shore Road South- Special Exception under Article III`Section old,NY.SCTM#1000-80-1-18-- Budding Inspector's March 28,2016 No- 280-13B(14).The Applicant is the owner 1:15P.M.-LISA CRADIT#6953-This tice of Disapproval based on an applica- requesting authorization to establish an is a request under Article)OM Section tion for building permit to demolish exist- Accessory Bed and Breakfast, accessory 280-146D requesting an INTERPRI TA- ing single family dwelling and construct and incidental to the residential occupancy TION of Town Code,Article XXIII,See- new single faridwelling, l)less than hi this single-family dwelling,with two(2) tion 280-121 (non-conforming uses) in the code required minimumm front yard bedrooms for lodging and serving of break- relation to Tka isient rental properties,lo- setback of 40 feet,2) less than the code fast to the B&B casual,transient roomers cated at:560 Sound Road Greenport,NY. required minimum side yard setback of , Located at:560HoldenAvenue Cutchogue, SCTM#1000-35-1-14 (adl to Long Island Sound))Southold,NY Y. 15 feet,located at 4200Road NSCTM#1000-110-5-21.2 SCTM#1000-54-4-3 1+Iu' TIi. E uF HEARIi4u, "he following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095, Main Road, Southold : NAME 05HAGAN , JAMES #6945 MAP # 140=2=30ml VARIANCE SPECIAL EXCEPTION REQUEST 4 BEDROOM BED & BREAKFAST DATE : THURS MAY 5 , 2016 10 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 - 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY.11971-0959 (631) 765-1809 , Fax 765-9064 LOCATION.OF ZBA OFFICE: Town Hall Annex at North'Fork Bank Building, 1st Floor 5. 4375 Main Road and Youngs Avenue, Southold _ website: bM://southtown.nbrthfork.net April 11, 2016 Re,: Town Code Chapter 55 -Public Notices for Thursday, May. 5, 2016 Hearing, Dear Sir or Madam: ; 'Please find enclosed a copy of the Legal Notice describing your recent application. 'The-Notice will be published in the next issue of The Suffolk Times. 1) ' Before April 1,8th: Please send the a enclosed Legal Notice, with both a Cover Letter, including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN- ' RECEIPT.' REQUESTED, to all owners of property (tax map with property numbers"` enclosed),- vacant or improved, which abuts and any property which is across from.ariy public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or- Real Property Office at the County Center, Riverhead. If you know of another address fora neighbor, you may want to send,the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner,-to the,best of your ability, and to confirm how arrangements were made in either a.written_ statement, or,-during- the hearing providing-the returned letter to us as soon as possible; AND not later_ than" April 25th: - Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) With parcel numbers, names and addresses noted, along with .the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "un-deliverable - le" , please advise this office-as soon as possible. If any signature card is not returned, please advise the Board during the hearing and " provide the card -(when available). These will be_kept in the permanent record as proof of all . Notices. 2) Not Later April_27th: Please make arrangements to"place the enclosed Poster on' a signboard such as cardboard, plywood or other material, posting it at the subject property.seven (7) days (or more) prior to hearing. '(It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not-more than 10 feet from the front property line bordering the street. If you border more than one street or' roadway, an extra sign is supplied for posting on-both front yards. Please deliver or.mail your- .Affidavit of Posting for receipt by our office before May 3, 2016. If you are -not able to meet the deadlines stated in this letter, please contact us promptly. ,Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER,ALWAYS). Very truly yours, _ Zoning Appeals Board and Staff Encls. BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson ®�*�E S®�Ty®�O 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �0 ® ��® 54375 Main Road(at Youngs Avenue) Kenneth Schneider ly�'oU (,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO To: Mike Verity, Chief Building In r From: Kim Fuentes, ZBA Date: July 29, 2016 RE: Re: ZBA Special Exception Permit—B & B, #6945, O'Hagan In accordance with the conditions imposed by Special Exception Permit#6945, granted on July 21, 2016,the applicant has submitted an updated (handwritten) floor plan received on July 29, 2016 indicating three (3) guest,bedrooms. The Zoning Board has found the floor plan to be satisfactory. Encl: Amended floor plan received date 7/29/2016 f BOARD MEMBERS ®F S®Ur Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� ®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing ® a0 54375 Main Road(at Youngs Avenue) Kenneth Schneider 00UM, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 July 22, 2016 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: Special Exception Bed&Breakfast#6945 James O'Hagan SCTM No. 1000-14-2-30.1 Dear Mrs.Moore; Enclosed, please find a copy of the Zoning Board of Appeals determination rendered at their July 21, 2016 meeting, granting a Special Exception Permit to operate a Bed and Breakfast, pursuant to Article III, Section 28-13B(14) of the Southold Town Code. Before the Bed and Breakfast is occupied by guests, the applicant must obtain the final Certificate of Compliance for Bed and Breakfast occupancy from the Building Department. Please also be advised that this Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Please also note that this Special Exception Permit cannot be transferred to new owners If you have any questions,please feel free to call the office. Sincerely, Kim E. Fuentes Zoning Board Assistant Encl. y CC: Building Department • / N 366,582 v� 1001111Q�6y !BLAND //6p ROUND) 10�0 M 'F 1 23 .a �Ap 16P�c1 m 24 _ w 26A(c) FOR PCL NO ' rm(60) " 292I 4 m SEE SEC.NO. 22 In26 % 4 5A(c) 020-01-0022 5 305 1 1D R1 ,1A( c) 29'3 21 m0 C' I o O 6A(c) 'a= Z w 20 .va 303 +4 I w N a$ J 9w 29.4 4 I 12 v 19 / s$ � 5.24 7A(c)30 2 FOR PCL NO. FOR PCL NO. FOR PCL NO RO I GAG) s � � � SEE SEC.NO SEE SEC.NO. SEE SEC NO a a aw 25 019-02-0122 019-02-0101 020-01-0015 = 102A(c) 1g 301` Vs1 `/, r,z1 ly E z� •. � 06 -- — --- ,4 � 172 __ZZ—_— .ge SEE SEC NO 019 �SEC ND LINE • o2oa7-oot a SEE SEC NO 019 16 17.1 a s ` `1 , x,z S R.25 (66) N 362 782 E ALL PROPERTIES c c'sTR'� NOTICE y '3a COUNTY OF SUFFOLK © K 130 TOWN OF SOUTHOLD SECTION NO EMR= MAINTENANCE ALTERATION SALE OR E Real Property Tax Service Agency Y - vmlEft SUF1ORUTION TY 1Ax TION OF THE VILLAGE OF 014 � REPOSE SUFTOIK COUNTY TAX MAPIS PROHIBITED �. •� County Center ILV¢ThOed,NY 11901 073 Ol SCALE IN FEET M 014 � YAg1EYwtEq Vd TNOUT WRITTEN PERMISSION OF THE • 3� 200 0 200 480 A 019 REAL PROPERTY TAX SERVICE AGENCY P 019 02 DISTRICT NO '(QQQ 2 PROPERTY MAP CONVERSION DATE May 15 2014 a s: i s . .f 1• i E s- s { f C I r P.®:, Box 411 SOUTHOLD', NEW YORK 11971 ( 631 ), 765 - 3928 s © DA ARCHITECTURE 2005 BILGO TO I: 5A5EMENT REAR DEG01 " �Z 41-2 1/2 q1-Z 1/2tl F L 11/2" 11/2" .t ` 4'-q 1 4' 1/2" 4; 2 11/20 q /4° (2 /4" a I/4" ORO 5 4 Q 19 O O I DA K T14 5 8 f _ 12 l O I � �G �L_ L- L0L (�'L_ t —' t 1 i! 3 t I O GLG}ARAC E,GLG® _ I 3 O x X I I I J GHr 2!--8" i L_ L_ L; L_ L_ N I I I I I I I GAR. GLG. L_ Lr L. L_ � L ! 1 ! I 1 1 _ d v�tN�j�..,� 4��i� � -� -•� NERIi=Y 1 W/DOOR I L_ L_ p GARACGE TO KIT. I o O, v oa,I v, oa,I o f v, O �? MEDIA ROOM 1 I I f tpY HEIGHT) - L. L- L-�1 f-c� C� V i V 1 l?•1 V t =• 1 i O ;. t GHEN ® I � E � 1 z m � 2 �' F" ; ® SKIT _< GREAT ROOM 5 _ (_ l_(_ i ® ® .. I ° 0 _ L_ L_ L_ ' ; x l 6o Haug X1 a a 1 ry 1 �" x 6" I I ' ® 16" O.G. N ( I cc� �oi j2 x Q o. L_ L_L_ L_r tl GOVERED 3 t Q r. IJ - 1 N L_ L_ L. L. I ! 1 1 r - BEADBOARD GLG N L_ L_ L_ L_ J F dJ, V-1 1/2' lr/ 81_-3" �V tom" tom" 8`-�" 5'-3 I/2" -0 10 8" 3'-7" V PANTRY I REF, tr OD ti) 1 O 7 (2) 1 5/4 x ClU4 �IclR ,.. 7 20 20 1 B O (2) 13/ " x a.-I/4" MICRO -�, tl Il JJJ J 6 1 6 6 t fi I A V (5) 13/4" x q I/4" MICRO A BIRTH #lJr0 '�§`c� .. , '� O O 440 1= = o o. a _ W-I 1/2" 9'-I 1/2" - J J ' = 21'-6" II_8u x I i__�' ® GOVERED ENTRY BEADBOARD GLG I -- 1 as 3/4" P' II all 1l 11 - - - /t 13/4 di I -1 8 MICRO 15/4 xIt, -F/8 MICRO `_ _ _ 5 8 5 5 5 8 11/2" 11/2" i 8 4'-8" W-21/2" Q'-b" T'-cl 1/2" �� Lim • G _ �' dam' 2•10, t; DRAWING: } 1 st FLOOR PLAN 1 st FLOOR FLAN 1/4N�1/-0N r GON5TRUGTION NOTES LEC7END WINDOW 50HEDULE WINDOWS NOTES: SCALE: r I UNLE55 OTHERWISE NOTED: NEW CONSTRUCTION 1. WINDOWS AND GLA55 DOORS TO BE MANUFACTURED BY ANDERSEN 1/4u = 1'-ON ALL DIMENSIONS ARE TO FACE OF WOOD STUDS NO. MODEL # TYPE: ROUGH OPENING M x H) LITE5 REMARKS WINDOW CORP - FINELIGHT GRILLES . 2. TEMPERED GLASS AT FRENCH DOORS,UNITS ABOVE WHIRLPOOL,AND ALL STAIRS,BALCONIES,AND LANDING5 TO HAVE INTERIOR PARTITIONS TO BE 2" X 4' WD. ® ALL UNITS WHERE GLAZING 15 LE55 THAN 18" A.F.F. c E: •: HANDRAIL O 56" A.F.F. (BOTH 51"DE5) AND STUDS ® 16" O G. W/5/8" PTD.GYP. BD. A 2856 COTTAGE STYLE D.H. 2'-10 1/6" x 5'-q I%4" 6 OVER I LITE PATTERN 3. HARDWARE - WINDOWS 1-0 HAVE WHITE PULLS AND LOCK-5;SLIDING 8 ISN ' BAWSTERS(OPEN END) A 4 I/2 O.G. BOTH SIDES HINGED DOOR HANDLES TO HAVE WHITE FINI5FIE5 ALL CLOSETS TO HAVE A WD. POLE AND SHELF ® 4. SCREENS - ALL OPERAl5�LE UNITS TO HAVE INSECT SCREENS, ALL 66" A.F.F. EXTERIOR WALLS TO BE 2" x 6" WD. STUDS B 2446 DOUBLE HUNG 2`� 5/8" X 4'-q I/4" 6 OVER i LITE PATTERN SLIDING DOORS TO HAVE It�15EGT SCREENS 4/23/05 PRELIMINARY ALL BATHROOM SADDLES TO BE MARBLE ® I6 O.G. W. 5/8 PTD.GYP. BD. ON ALL UNLABELED HEADERS TO BE (2) 2" X 10" INTERIOR,R-IQ BATT INSULATION BETVEEN G 2442 DOUBLE HUNG 2'-5 5/6' x 4'-5 1/�4" 6 OVER I LITE PATTERN 5. GANGING AND MUNTIN PATTERNS - SEE ELEVATIONS FOR WINDOW RLVIEW SEE A-8 FOR STRAPPING INFO STUDS,AND CEDAR 'PERFECTION" SHINGLES GANGING,FIXED /OPERABLE OPERATION, ARRANGEMENT;AND MUNTIN 7/11/05 PROGRESS PRINTS ACTORY &AN61N& W 5 1/2" WEATHER EXPOSURE OVER 15#FELT s 1 u u b.PATTERNS. GT G Q VERIFY ALL ROUGH OPENINGS fN/FWIAIDOW MANUFACTURER D 2852 DOUBLE HUNG 2-10 I/8 x 5 5 1%4 6 OVER 1 LITE PATTERN 2O PREFAB FIREPLACE W/STONE HEARTH. SIZE OPENING OVER 5/8' PLYWD SHEATHING OVER PRIOR TO ORDERING, FRAMING AND INSTALLATION 3OAND FLUES AS REQUIRED. HEARTH SIZE TBD. EXTERIOR. (NAILED TO STUDS) ON THE E 58T2 DOUBLE HUNG 3'-10 i/8" x T'-5 I%f" 3Z OVER t Ll1E PATTERN ALIGN SILL OF 'E' WINDOW W/ �, PROV{DE ALL .IAMB 8 SILL EXTENSIONS A5 f?EQUIRED - G.G. TO 8/11/05 BLDG. �'F!'T. GIRDER TO TBOTRECEIVE N05T FROM ABOVE. INSTALL b" SILL OFD WINDOW TO VERIFY 51ZE5 REQUIRED SUBMISSION x b POST AT BOTH ENDS OF GIRDER. �4 INSTALL EXTERIOR PAINTED WOOD HAND RAIL AND O DETERMINE HEAD HEIGHT 8. All WINDOWS AND EXTERIOR DOORS TO HAVE 3/4" PLYWOOD ? NEW WINDOW REMOVABLE "HURRICANE PANEL5" W/ #10 NO. SCREWS ® 12" O.G. e BALUSTERS. TOP OF RAIL ® 36" A.F.F. W/BALUSTERS ® 41/20 O.G. F 5046 DOUBLE HUNG 5'-2 1/8' x 4'-q 1/41•" 8 OVER I LITE PATTERN ANCHORED TO EXTERIOR SHEATHING AS REQUIRED BY CODE O INSTALL HBdG "CRAFTSMAN" Ib"xq" PERMACA9T 1 NEW DOOR COLUMN. SEE ALSO NOTE #8 REGARDING INTERIOR 6 STRUCTURE CONSTRUCTION NOTE O INSTALL SIMPSON 5W22x6x6 GARAGE PORTAL H GW14 WOOD CASEMENT 2'-4 T/8" x 4'-0 1/�2" MOD. COLONIAL W/CHECK RAIL TIE-DOWN W/(10) SDS 1/4x6 FA57ENER5 AND(2) O55T528 HOLD DOWN ANCHOR BOLTS SMOKE DETECTOR i A21 WOOD AWNING 2'-0 5/8" x 2'-0 5/8" 4 LITE PATTERN r INSTALL SIMP50N SW24xlO-RF SHEARWALL. 5ST52 A W/Q2) 5D5 1/4x6 FASTENERS AND(2) CARBON MONOXIDE DETECTOR J OVL2050 OVAL 2'-0 1/2" x 5'-0 V2" DIAMOND LITES PATTERN j O55TB28 ANCHOR BOLTS. C 8 IMBED 51MPSON SERIES PB POST BASE. INTO GONG. FOOTING AND SECURE TO STRUCTURE ABOVE. POST K CONTINUOUS FROM GIRDER TO STRUCTURE ABOVE. SECTION OR DETAIL INSTALL 51MPSON 5ERIE-5 BG POST GAP* P05T AND L FWH6080 FRENCH DOOR 6'-O" x 81-01' 3 LITE SHORT FRACTIONAL j GIRDER CONNECT70N - DECKING TO BE INSTALLED ED 3 AROUND P05T AND GAP,NOT UNDER THEM. ,I r; ELEVATION Z REIT BASEMENT WINDOW 2'-8 5/8" x I'-T 1/4" BRICK MOLD SLC LflVI� , €; E6RE55 WINDOW r "� k L � tG€6 DRAWING NO. F ZC3r mic---; 'r_.CjAkD c)F APPEALS awo. deo a PERMIT i OF rc P.O. Box 41 1 12'-4" 14 lo IS'-b" 15'-6" op SOUTHOLD , NEW YORK 11971 3 I/2" 3 I/21 3 1/2" 3 i/2" ( 6 3 1 ) 7 6 5 - 3 9 2 8 OtD O 13'-5" q._6" © DA ARCHITECTURE 2005 31/2" - --7 15R I - I \ I \ 10 10 ' 10 — --- / $ i �8 > - op 4'-O" GLG. m m TTI G I I \ Q O4.4�r iv // o = _ UNfi�N SHED SHELF - \ / N \ m GLOS. tt \ BEDR OM #1 N <F) —_— m - - - _ _ \ /- - - - - - - - I I 10 \\ ca INGAL / L Bl�T L #3 ' t I i l I ® 10 \ 1 \ - O 5 LLL LLL v = O v 10 ' H _ \ / c 0 PJ•T I LLL g \ / N j LLLx x_ BEDROOM #5 m - - - - - - - - i L L / \ L- ® - CATHEDRAL GEI - - H LLL - � LLL / \ O - Cl �50 ;quizE _ (2) " x 8" (TYP) = L ND I NG w \ IN rr ll / \ L LLL N ' �r - \ O O IO ' _ / � \ _ 8-O GLG. BEDROOM #2 = -11-allGLG. iv I �0 , c CO / GA RAL - I - - — - — / CE I INC ( / \ \ I/=) L WASHER DRYER Ln I NJ VL B $ - - cn F B O O O 5'-I" 15'-81/2" .i I" / \ I I 12'-4" I / 10 10 \ C C O Ocz L - - - D E wl W D — , f 4 � O q'-6" 3 I/2" 51/211 15-6 rc A-7 2nd FLOOR PLAN DRAWING: 2nd FLOOR PLAN GONSTRUC TI ON NOTES I DOOR 5GHEDULE i I UNLESS OTHERWISE NOTED,ALL 5TAIR5, SCALE: BALCONIES, AND LANDINGS TO HAVE HANDRAIL 0 w 36" (BOTH SIDES) AND BALUSTERS (OPEN END) NO. 51ZE HARDWARE REMARKS 2 UNLE55 OTHERN15E NOTED, ALL CLOSETS TO = HAVE A WD. POLE AND SHELF 1'-0" BAT A.F.F. I 3'-O" x 6'-8" ENTRY PRIVAGY LOCK W/DEADBOLT MORGAN OR APPROVED EQ. 1/4' 3 UNLESS OTHERWISE NOTED,ALL BATHROOM 5ADDL-5 TO BE MARBLE W/SIDELI6HT5 4 4 UNLE55 OTHERWISE NOTED, ALL OPENINGS TO BE TRANSOMS ISSUE: "GASED" OPENINGS 5 UNLESS OTHERWI5E NOTED,ALL UNLABELED 2 3'-O" x 6'-8" ENTRY PRIVACY LOCK W/DEADBOLT (2)HEADERS TO BE � 2" x Io"ACCESS STAIR 6 PROVIDE PULL DO4/23/05 PRELIMINARY WN W CEILING 4/23/05 3'-O" x 8'-0" F.P.5.G. PRIVACY LOCK I HOUR FIRE RATED DOOR W/CLOSER REVIEW TO ATTIC SPACE 1CHASE FOR BOILER, STOVE FLUES. COORDINATE 4 3'-0" x 8'-0" PRIVACY LOOK 7/11/05 PROGRESS PRINTS 51ZE REQUIRED W/HVAG CONTRACTOR i 8 6" x 6" P05T DOWN TO FLOOR/HEADER BELOW 5 2'-8" x 8'-O° PASSAGE LATCH 8/11/05 BLDG. DEPT. a b x 4 POST DOWN TO FLOOR/HEADER BELOW SUBG. I N ALIGN SILL OF 'E WINDOW w/SILL OF wiNDOW 6 21-4" x 8-O S O 10 " PRIVACY LOCK TO DETERMINE HEAD HEIGHT OF 'E' 4 '7 2'-8" x 6'-8" PRIVACY LOCK 8 2'-&" X 6'-8" PRIVACY LOCK 1 9 2'-0" x 6-8" PRIVACY LOCK r 10 2'-0" x 6'-8" PA55AGE LATCH (2) 2'-0" x 6-8" CATCH LATCH w/ DUMMY TRIM � AACy IQ 3'-0" x 6'-8" PA55AGE LATCH i 20 81-0" x 7'—O" LARGE DOORS W/CLOSER N� / 9 SOF NES DRAWING NO. `AA zc)Ni6,4G bOAkD OF APPEALS s04 E M I T S ET OF