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HomeMy WebLinkAbout7036 010&_4 3/ D) �)v CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for c3 c aCL ( ) CL Assign next number = _0 outside of file folde N ( ) Date stamp entire c ° file number m -n -o o o ( ) Hole punch entire c 3 X o 5W CL G) W 0 (before sending to 1 ( ) Create new index c< 0') c � 6 � � CD ( ) Print contact info & Z m o m o ( ) Prepare transmittal m m m ( ) Send original applic W ;U CnCO WCL Q to Town Clerk ( ) Note inside file fold and tape to inside o ( ) Copy County Tax Mi neighbors and AG Ic ( ) Make 7 copies and K tD ( ) Do mailing label 0 w Cn tbm I I I �a A6e i� t -d-- :76-36 Sped` EKceph qr hyrc"i qcceaz)CV 4�av,bmenf c yl acee"ss 0--mucko- 5sz&lol apo- /,3 6 ---- - ------ - - - -`50-7 3- ��a�°Z C�°vz o� - t.�a-4&-f.,v cta 0 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson �O��Of $O(/ryQl 53095 Main Road-P.O.Box 1179 4 Southold,NY 11971-0959 Eric Dantest [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU M`l, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS gE EIVED TOWN OF SOUTHOLD /=/7prn" Tel.(631)765-1809-Fax(631) 765-9064AR 2 7,017 . na FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16,2017 Southold Town Clerk ZBA Application No.: SE 7036 Applicants/Owners: Catherine & John McDonald Property Location: 1235 Wunneweta Road, Cutchogue,NY SCTM# 1000-104-12-12.2 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 11 category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not referred as required to the Suffolk County Planning Department under Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13)to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property is a .0765 acre irregularly shaped parcel in the R-40 Zoning District. The property is at an intersection of Vanston Road and Wunneweta Road, and has two front yards. The easterly lot line measures 186.94 feet along an adjacent residential parcel. The property is improved with a single-family,two story residence and a two story accessory garage as shown on the survey drawn by John C. Ehlers, Land Surveyor, dated June 27, 2002 to show newly constructed garage accessory structure, and last updated February 25, 2016. ADDITIONAL INFORMATION: ZBA appeal#5073, dated March 28,2002, granted a variance on this property in order to construct a two story accessory garage in a non-conforming front yard location, based upon the mitigating factors that the property contains two front yards and a limited rear yard area. The accessory garage has a certificate of occupancy of record dated April 08, 2003,under Certificate of Occupancy#Z-29346, confirming that the accessory garage was built prior to January 1, 2008. According to the applicant,the ground floor will remain as storage while the second floor is proposed as an accessory apartment for a family member(son). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2017, at which time written and oral evidence were presented.Based upon all testimony, documentation,personal inspection Page 2,March 16,2017 #7036,McDonald SCTM No. 104-12-12.2 of the property and the surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article IIl, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the second floor of the accessory building,with an area of 600 square feet of livable floor area, in conformity as proposed, as described and shown on the floor plan A2.Idrawn by James R. Frandsen,P.E., dated April 13, 2016, and as confirmed by the Building Inspector in a memorandum titled"Verification of Livable Floor Area"dated January 23, 2017, and received by the Board of Appeals on January 23, 2017. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. 3. The applicant herein, owns and resides at the property and will continue to occupy the principal residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4), and as documented by the submission of a copy of a valid NYS driver's license and a signed and notarized application document dated September 26,2016. - 4. The occupants of the accessory apartment will be a family member,being the applicant's son, as documented by the submission of a copy of the original birth certificate issued to this person,Thomas Heagney McDonald, and a copy of a residential lease agreement made between the applicant and son, dated September 30, 2016. The occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4). 5. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the survey by John C. Ehlers, Land Surveyor, dated June 27, 2002 to show newly constructed garage accessory structure, and last updated February 25, 2016. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280- 13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 6. This conversion is/shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent Page 3,March 16,2017 #7036,McDonald SCTM No. 104-12-12.2 properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4)The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Horning, seconded by Member Goehringer, it was RESOLVED,to GRANT a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an annual renewal by a Building Inspector in the Building Department. It is the applicant's responsibility to apply to the Building Department each year to renew the accessory apartment permit.Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 2. This Special Exception permit cannot be transferred to new owners That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE:Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dante and Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 3 /aG /2017 WINDOW SCHEDULE RFcEtuEr} DEC 2, 12016 SYMBOL SIZE ROUGH OPENING MANUFACTURER MOD. NO REMARKS ZONING BOARD OF APPEALS 1 2'-1 1 5/8' x 5'-0 '/8' 3'-0%8"x 5'-0 7/g' ANDERSEN TW2 10410 EGRESS 2 3'-9 5/8' x 5-0 '/8" 3"-1 0%8" x 5-0 7/6" ANDERSEN TW3841 O EGRESS WINDOW NOTES: 1 . ALL GLAZING SHALL BE HIGH PERFORMANCE LOW"E". 2. VERIFY ALL ROUGH OPENINGS WITH WINDOW MANUFACTURER. 3. WINDOWS SHALL BE ANDERSEN OR EQUAL TOO. 20'-0" 20'-0" 10'-0" 10'-0" 101-01 10'-0" DOOM SCHEDULE DOORS FRAMES EXIST. WINDOW DOOR SIZE w z RERIARKS CLOSET o CLOSET s MATERIAL FIN15H Q Q MATERIAL FINISH =N N -N -N -N NO. WIDTH HEIGHT TH. -' ry \ 05 in 04 in Ln in 1 2'-8" 6'-8" 14" STEEL PAINT 3/4 WOOD PAINT SELF-CLOSING E l s `Ij 4'-7" 9-I 1 41_711 o 2 2-8 6-8 I /8 WOOD STAIN WOOD STAIN STORAGE 3 2'-8" 18' WOOD STAIN WOOD STAIN 2 '� N BEDROOM 4 2'-0" G'-8" I S' WOOD STAIN WOOD STAIN R 51-1011 131-311 { 5 2'-0" G'-8" I g" WOOD STAIN WOOD STAIN G 2'-0" G'-8" 18" WOOD STAIN WOOD STAIN 7 2'-G" G'-8" I WOOD STAIN WOOD STAIN m 03 N 8 2'-0" G'-8" WOOD g' WOOD STAIN WOOD STAIN BATA I STAIRS DO I I ! E IMAX.IRISE.B%4" I. I sico m O o I I ; I o o O1 m I I i�e ADMIN TREAD;g + '1 i _.. _ 02 O p i _ _ i O m i NOSING ( i ! DOOR NOTES: OG I . COORDINATE ALL DOOR STYLES AND FINISHES WITH OWNER. + + GARAGE SEPARATIONS: + + VERTICAL SEPARATION: 3/4 HR. FIRE RATED WALL (1) LAYER 5/8" TYPE 'X' GYPSUM BD. HANDRAILS: KITCHEN/ (1) LAYER 1112" SIDE D x' GYPSUM BD. 1 . HANDRAILS SHALL BE PROVIDED ON AT LEAST ONE SIDE OF EACH =N LIVING ROOM o _ ._.___. = ON OPPOSITE SIDE p CONTINUOUS RUN OF TREADS WITH FOUR OR MORE RISERS. �_ I h - Fy HORIZONTAL SEPARATION: — 2. HANDRAIL HEIGHT, MEASURED VERTICALLY FROM THE SLOPEDI LAMER 5/8" TYPE 'X' GYPSUM BD. PLANE ADJOINING THE TREAD N051NG, SHALL BE NOT LESS THAN j; 4'-7" 9-I I" 4'-7" ON CEILING 34" AND NOT MORE THAN 38". 3. HANDRAILS FOR STAIRWAYS SHALL BE CONTINUOUS FOR THE FULL LENGTH OF THE FLIGHT, FROM A POINT DIRECTLY ABOVE THE TOP RISER TO A POINT DIRECTLY ABOVE THE LOWEST RISER. in in HANDRAIL END SHALL BE RETURNED OR SHALL TERMINATE IN CLO$ET NEWEL POSTS OR SAFETY TERMINALS. HANDRAILS ADJACENT TO CLOSET N A WALL SHALL HAVE A SPACE OF NOT LESS THAN 12' BETWEEN _ ._._ - -- ---`! THE WALL AND HANDRAIL. EXIST. WINDOW 4. HANDRAIL GRIP SIZE: TYPE I - CIRCULAR CROSS SECTION, OUTSIDE DIAMETER MINIMUM 101-01, 10'-0" OF 14', MAXIMUM OF 2". IF NOT CIRCULAR IN SHAPE 1'-4" 51.011 1 _4 81-01, HANDRAIL SHALL HAVE A MINIMIUM PERIMETER DIMENSION OF 4" AND MAXIMUM PERIMETER DIMENSION OF G4', WITH A 20'-0" MAXIMUM CROSS SECTION OF 24 " '. 20'-0 GUARDS: 1 . ALL PORCHES, BALCONIES, RAMPS, OR (RAISED FLOOR SURFACES SECOND FLOOD: PLAN FI QST FLOOR PLAN LOCATED MORE THAN 30" ABOVE THE FLOOR BELOW OR 2 FINISHED GRADE SHALL HAVE GUARD'S 3G" IN HEIGHT. SCALE:" I/4" = 1'-0" (D-5CALE: I/4" = I'-0" 2. REQUIRED GUARDS SHALL HAVE INTERMEDIATE RAILS OR NOTES: NOTES: ORNAMENTAL CLOSURES THAT DO NOT ALLOW PASSAGE OF A SPHERE 4" OR MORE IN DIAMETER. 1 . THIS DRAWING SHOWS A PROPOSED DWELLING UNIT ABOVE THE 1 . ALL DOORS AND WINDOWS NOT LABELED THIS FLOOR ARE EXISTING. FIRST FLOOR SPACE. SMOKE DETECTOR NOTES: 2. IF FIRST FLOOR SPACE WILL CONTINUE TO BE USED AS A GARAGE OR GARAGE LIKE STRUCTURE THEN THE SEPARATION REQUIREMENTS 1 . INSTALL SMOKE DETECTORS AS LOCATED ON THE PLANS WITH AS NOTED ON THE DRAWING SHALL BE MET. ONE ADDITIONAL ONE BEING LOCATED IIN THE BASEMENT. 2, ALL ALARM DEVICES SHALL BE INTERCONNECTED SO THAT IF ONE ALARM IS ACTIVATED ALL WILL ACTIVATE. 3. ALL SMOKE ALARMS SHALL BE LISTED AND INSTALLED IN ACCORDANCE WITH THE NEW YORK 5TATTE RESIDENTIAL CODE AND NEPA. 4. SMOKE ALARMS SHALL RECEIVE PR;MARY POWER FROM THE �/� BUILDING POWER SUPPLY AND SHALL HAVE BATTERY BACK-UP. FINAL MAP NOTE: REVIEWED BY ZBA 1 . ALL WORK SHALL COMPLY WITH FEDERAL, STATE AND LOCAL CODES. SEE DECISION # 70 c DATED /_46 / (pol - �r }0 w •CFESS��C� REVISIONS DESCRPTIoN PROJECT GARAGE RENOVATIONS SCALE: GIVEN DRAWING NO. FOR JAMES R . FRANDSEN P . E . DRAWN: DATE: 41131201 G r, 3280 E. River Road, Nichols, NY 13812 PROJECT NO. Phone: G07-5G2-35G0cIRST & SECOND FLOOR PLANS � Fax: G07-G99-3G5 1 41 AL" 1235 WUN NE ETA ROAD NEW 240 Plum Point Road, Himrod, NY 14842 C U T C H O G U E , N E��V YORK Phone: 585-52G-6030 SURVEY OF PART OP LOTS 203 AND 204 AS SHOWN ON "AMENDED MAP A, NASSAU POINT" AT NASSAU PO I NT,TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SUFFOLK COUNTY TAX MAP NUMBER x,03(0 1000-10400-1200-012002 RECEIVED CERTIFIED TO: JOHN E . McDONALD & DEC 2 12016 CATHERINE T . McDONALD SURVEYED AUG . 13, 1997 ZONING BOARD OF APPEALS ® MODIFIED SEPT . 13, 1997 MODIFIED SEPT . 29, 1997 FOUNDATION LOCATION APRIL 16, 1998 FINAL . , 2000 GARAGESURVEY LOCATIONN06227-0200UPDATE202-25-2016 NOTES: ® = MONUMENT FOUND ELEVATIONS ARE REFERNECED TO SUFFOLK COUNTY TOPO MAPS �o�caa�� LOT NUMBERS REFERNECE O AMENDED MAP A, NASSAU POINT OP�� FILED IN THE OFFICE OF THE CLERK 9 s� Q" rn OF SUFFOLK COUNTY ON Q AUG . 16, 1922 AS MAP NUMBER 156 04 PREVIOUS APPROVAL #RIC 97-0133 LO o }yy Gg 6 "Unauthorized alteration or addition to a survey 7� map bearing a licensed land surveyor's sealis a violation of section 7209, sup—division 2, of the New York State Education Law." "Only srom the this yvey makdwthanoriginalooriginal lansurveor's COS. !� stamped seal shall be considered to be valid true �G¢ 4' N' �• copies,. O 2 O CODO. "Certifications indicated hereon signify that this survey was prepared in accordance with the ex— A ;l fisting Code of Practice for Land Surveys adopted 1 q- by the New York State Association of Professional 0 20 0 Land Surveyors. Said certifications shall run only S-70 3U �i�� `= ��� to the person for whom the survey is re9overnmen— /\ ® and an his behalf to the title company �5 502 Q tal agency and lending institution listed hereon, and D LANDS to the assignees of the lending institution. Certifica— tions are not transferable to additional institutions JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC SCALE I "=40 ' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.TICER\PROSV7-43E BOARD MEMBERS if $®(/�y Southold Town Hall �-� Leslie Kanes Weisman,Chairperson ®� ®l 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 'f® ^�a 54375 Main Road(at Youngs Avenue) Kenneth Schneider Mu '��v Southold,NY 11971 http://southoldtown.northfork.net OD ZONING BOARD OF APPEAL ® TOWN OF SOUTHOLD DEC z 2 2016 Tel.(631)765-1809-Fax(631)765-9064 BIDING DEP-r. TOWN OF SOUMOLD TO. SOUTHOLD TOWN BUILDING DEPARTMENT �`` 0b RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application RECEIVED I� to establish an accessory apartment in an accessory structure JAN 2 3 2017 ZBA Application No.. #7036 McDonald, John E. Date sent to Building: 12/22/16 ZONING BOARD OF APPEALS Pursuant to Town Board Resolution No 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: BaserT . n the information listed above A. livable floor area is determined to be~6®O square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a)of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: P f Signature of revi er Date/ �3 !-7 ' Adopted by the Board of Appeals. May 18,2011 r TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Phone(631)765-1809 (631)765-9064 t APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Application No.: Date Filed: 0 &dwo F Applicant(s)Name(s) D%1e �D?�� f� fh�'�I A Applicant(s)Address all If— (House No., Street,Hamlet,Zip Code and mailing address if different from physical address) Applicant(s)phone number(s) �-3 [/we are the owners of the subject property [ ]I am the agent for the property owner and my Letter of Authorization and Transactional Disclosure Form is attached. A. Statement of Ownership and Interest: is(are)the owner(s)of the property known and referred to as House No. Street Hamlet Zip Code Identified on the Suffolk County Tax Maps as District 1000, Section Al j� Block Lot(s) Lot SizeO 4165 Zone District as shown on the attached deed and survey The above-described property was acquired by the owner(s)on 7P�'@Mhe/Z %f`/Q'1 Uwe hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to Section §280-13B(13)of the Zoning Ordinance to establish an accessory apartment in an accessory building as shown on the attached survey/site plan and floor plan(s) B. Project Description: o o (;W" e hog/� / C. The applicant alleges that the approval of this special exception would be in harmony with the intent and purpose of said zoning ordinance, and that the proposed use conforms to the standards prescribed therein and would not be detrimental to propeily or persons in the neighborhood for the following reasons: RECEIVED DEC 2 1 201 03b D. The applicant alleges that the following standards prescribed by Section §280- 13(B)(13)(a)-(k)of the zoning ordinance will be met: ZONING BOARD OF APPEALS a. The accessory apartment will be located in the accessory building. b. The owner of the premises shall occupy either the existing single-family dwelling or the accessory apartment in the detached accessory structure as the owners' principal residence.The other dwelling unit shall be occupied by a family member as defined in Section§280-4 of the code or a resident who is currently on Southold Town's Affordable Housing registry and is eligible for placement,evidenced by a written lease,for a term of one or more years. c. The accessory apartment shall contain no less than 450 square feet and does not exceed 750 square feet of livable floor as defined in Section§280-4 of the code d. The accessory apartment will be located on one floor of the accessory building and will contain only one full bathroom. e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey. f. Not more than one(1)accessory apartment shall be permitted on this parcel. g. No Bed and Breakfast facilities,as authorized by Section§280-13(B)(14)hereof shall be permitted in or on the premises for which an accessory apartment is authorized or exists. h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. i. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. j. The existing accessory building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008,and is attached hereto. k. The existing building,together with this accessory apartment,shall comply with all other requirements of Chapter§280 of the Town Code of the Town of Southold. 1. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. E. The property which is the subject of this application(check all that apply): [ ]has not changed since the issuance of the attached Certificates of Occupancy [ ]has changed or received additional building permits. Certificates of Occupancy for these changes are attached or will be furnished [ ]has been the sub)ect oofa prior ZBA decision(s),copies are attached /-HAD 1v7 GY �O �Oier Signature COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) Sworn to before me this WIS day of50CML611 ,20 (Notary Public) Revised 06/2011 CONNIE D. BUNCH Notary Public,State of New York No.01 BU6185050 Qualified In Suffolk County Commission Expires April 14,2, b RECENED QUESTIONNAIRE DEC 21 2o16 FOR FILING WITH YOUR ZBA APPLICATION ZONING 130ARD OF APPEALS A. Is the subject premise's listed on the real estate market for sale? V Yes No B. Are Mere 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? ✓/M 2.)Are those areas shown on the survey submitted with this application? MIA If 3.)Is the property bulk headed between the wetlands area and the upland building area? N 0 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? nJ < Volease confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A/4 0 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? kJJ,4 lease show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? m6 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? A]0 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel (y-4L&4+ and the proposed use (ex-existing single family,proposed:same with garage,pool or other) Auth rized signature and Date - f RECEIVED AGRICULTURAL DATA STATEMENT DEC 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 Law. 1)Name of Applicant: 2)Address of Applicant: 3)Name of Land Owric�r(if other than applicant) 4)Address of Land Owner: 5)Description of proposed Project: 6)Location of Property(road and tax map number): -7)Is the parcel within an agricultural district? 54No ❑Yes If yes,Agricultural District Number 8)Is this parcel actively farmed?. No ❑Yes 9) Name and address 'of any owner(s) of land within the agricultural district containing-active farm operations) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from 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 2. 3. 4 6. (Please use back side of page if more than six property owners are identified.) The5t� s maybe obtained,in advance,when requested from the Office of the Planning Board at 765- 1938ning Board of als at 765- 809. Signature of Applicant 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 RElmEVED 617.20 Appendix B DEC 112016 Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): Brief Description/of Proposed A�c�tiiy9q,n: ke 1v q- b '/I/t m©Af r,- Name of Applicant or Sponsor: Telephone: V_`73 7. 2_i 4_'!�i E-Mail: Ad/dress: Ci /PO: State: Zip Code: ty �� CjJ P ,� �< Xf , 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? IV6 Al e acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑ Rural(non-agriculture) ❑Industrial ❑Commercial V Residential(suburban) ❑ Forest ❑ Agriculture ❑Aquatic ❑Other(specify): ❑ Parkland Page 1 of 4 RKEIVED 5. Is the proposed action, DEC 2 a 2016 NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: - 10. Will the proposed action connect to an existing public/ e water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES_ If No,describe method for providing wastewater treatment: ���� A, 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: •G' 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑�jgricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban blsuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? �NIO❑YES b.Will storm water discharges be directed to established conveyance systems(rucl6ffand storm drains)? i If Yes,briefly describe: NO❑YES u Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoun merit of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? DEC ��9� If Yes,explain purpose and size: ZONING BOARD OF APPEALS 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? 1f Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO ,YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor me: Date: Signature: L 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 I 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?" �..�.�{'< .F.,.yk'.. >s,. :s'- `..l:.;. "a:t:.c:'"r" .sY' ,;�, ,.�3;'.` ,;t''s;�•° �:, rs,:� .^,""4v: N0,0 r Moderate ?� ss �,.;:., w.?;i: ,.i''`r .Y;: ;'4.` �;:^ry. '.;: ..7.7.�,ti •. :✓ Small �.'�a «§• .it:• ':'f' -y a%. _`;',,`.` �;'`i%6^ :5..,;. ":i="-".i. w'r#i" to large _ t :s';si..� '''' .a~ ,'%x° :'?;tS."_" ;:'�`:mM,v.r� ';;`,:•..s;.%„-�'_...a;tt.�..> o- iii:. ,i.r.,r `' 9. r. .' :9:•xn impact impact w r`,; ::5 . , t°_ > t'. ..,::' a:r .'� ,•i s: may may ,a, ?�'ar <r.,:::•' 't?�=,.�:E>�:,;xti'. - °��:" .F., .;`v OCCUr OCCnr 1. Will the proposed action create a material conflict with"an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate / reasonably available energy conservation or renewable energy opportunities? !� 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 10 0,10 No,or Moderate ®�C 9 1•261'6.. , small to large impact impact �119I119a9 �it167�,' �!Z1'99e may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage VI 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. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED�Jb EC � 12016 APPLICANT/OWNER ZONING BOAR®OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. / /+ YOUR NAME : � j cg jt/ - O A--�A t rrj e 1A�1� 1 �aftiq /t- (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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO V If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ,day of 0 Signature '✓ C�® Print Name Y5 h /71 C Doo '-/d FORM NO. 4 DECRECEIVED 2 12016 TOWN OF SOUTHOLD ZONING BOAR BUILDING DEPARTMENT ®FAPP�Ap.� Office of the Building inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Dates 05/09/00 No: Z-27073 THIS CERTIFIES that the building NEW DWELLING Location of Property: 975 VANSTON RD CUTCHOGUEHAMLET) (HOUSE NO. ) (STREET) County Tax Map No. 473889 Section 104 Block 12 Lot 12.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 30, 1999 pursuant to which Building Permit No. 26193-Z dated NOVEMBER 30, 1999 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 WRAP AROUND PORCH AND REAR DECK AS APPLIED FOR. The certificate is issued to JOHN E & CATHERINE T. )MCDONALD of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-97-0133 03/30/00 2/22/00_ ELECTRICAL CERTIFICATE N0. H 067159 -0 PLUMBERS CERTIFICATION DATED 04/01/00 JOHN MCDONALD 4 Authorized Signature Rev. 1/81 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT, DEC A 12016 Office of the Building Inspector [S Town Hall .ZONING BOARD OF Southold, N.Y. APPEALS, CERTIFICATE OF OCCUPANCY No: Z-29346 Date: 04/08/03 THIS CERTIFIES that the building ACCESSORY _ Location of Property: 1235 - "WUNNEWETA RD CUTCHOGUE (HOUSE NO. ) (STREET) I (HAMLET) County Tax Map No. 473889 Section 104 Block 12 Lot 12.2 Subdivision Filed Map No_ -Lot No. conforms substantially to .the Application for Building Permit heretofore filed in this office dated APRIL 25, 2002 pursuant to which Building Permit No. 28328-Z dated APRIL 25, 2002 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 ACCESSORY TWO CAR GARAGE (NON-HABITABLE) ,AS •APPLIED FOR PER ZBA #5073 DATED 3/28/02. The certificate is issued to JOHN E & CATHERINE T MCDONALD (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF IjrALZTI APPROVAL N/A ELECTRICAL, CERTIFICATE NO. - 3.109408 01/27/03 PLUMBERS CERTIFICATION DATED N/A A horiz Signature > Rev. 1/81 FORM 4 RECEIVED TOWN OF SOUTHOLD ` BUILDING DEPARTMENT ®�(, , ( p�� Office'of.the'Building Inspector Towri' Hall ZONING BOAR D,OF APPEALS Southold, N.Y,. T CERTIFICATE OF OCCUPANCY, No: Z-29346 Date: 04/08 03 THIS CERTIFIES that the building. . ACCESSORY Location of Property: 1235 WUNNEWETA 'RD' CUTCHOGUE (HOUSE N0:7) (STREET) (HAMLET) County Tax Map No: 473889 Section"104 Block 12 Lot 12:2 Subdivision ' Filed Map No. Lot No. conforms substantially 'to the Application for Building Permit heretofore filed in 'this= office dated APRIL 25., _2002 pursuant to which Building Permit'No_- 28328-Z dated APRIL 25, 2002 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 ACCESSORY TWO_ CAR. GARAGE (NON-HABITABLE) AS APPLIED FOR PER ZBA #5673 DATED 3/28/02. The certificate is issued to JOHN E & CATHERINE T MCDONALD (OWNER) of the aforesaid building., SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 1109408 01/27/03 PLUMBERS CERTIFICATION DATED 'N/A . Authorized Sig t e Rev. 1/81 APPEALS BOARD MEMBERS OSUFFO(�� �. OG�� v outhold Town 53 95 Main Road 1 P. Gerard Goehringer,Chairman � Lydia A.Tortoray P.O.Box 1179 George Horning • Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631)765-9064 Vincent Orlando 1 � Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RMEMD TOWN OF SOUTHOLD ' FINDINGS, DELIBERATIONS AND DETERMINATION DEC 2 R MIS MEETING OF MARCH 28, 2002 ZONING BOARD OF AP PMW Appl. No. 5073 -John E. and Catherine McDonald Parcel: 104-12-12.2 Street and Location: 1235 Wunneweta Road, Cutchogue PROPERTY FACTS: The subject property is composed of a wooded lot on 33,323 sq. ft. in an R-40 zone according to a map, originally surveyed August 13, 1997 by John C. Ehlers, amended March 24, 2000 and January 25, 2000. The property has two front yards on the corner of Vanston Road and Wunneweta Road in Cutchogue. The property is improved by a two-story home within the code's required front yard setbacks. BASIS OF APPEAL: The Building Department Notice of Disapproval dated January 11, 2001 denying a permit to construct an accessory garage on a non-conforming 33,323 square foot lot in the R-40zone is not permitted pursuant to Article IIIA Section 100- 30A.4 which states that Accessory buildings shall be located in the required rear yard. AREA VARIANCE REQUESTED: Applicant wishes to construct a 20 foot by 20 foot, two-car garage in the front yard facing Vanston Road. REASONS FOR THE BOARD ACTION: IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW 26713-3 "AREA VARIANCES,"THE BOARD HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND DETERMINES THAT: 1.Grant of the variance will not produce an undesirable character in the neighborhood or a detriment to nearby properties. The variance involves the construction of a 20 foot by 20 foot garage in the front yard. The applicant is restricted because the septic system is located in the rear yard and there is not enough room on the south side of the applicants property which slopes to Wunneweta Road. 2. The benefit sought by the applicant cannot be achieved by some feasible method for the applicant to pursue other than an area variance. The only other yard area, other than the yard which contains the sanitary system, is a side yard which would also require variance relief. The property faced two streets (two front yards) and a very limited rear yard. 3. The variance is not substantial because the lot is wooded, and the lot slopes toward Vanston Road. The garage will be located atlleast 50 feet from the easterly property line, at least forty (40) feet from the front line facing Vanston Road (also the zoning code f Page 2—March 28, 2002• Appl. No. 5073—J. and C. McDonald 1000-103-12-12.2 at Cutchogue RECERVED DEC 2120 zowmr,BARD OF APMLS minimum required for a principal building, and the garage will be sufficiently screened from view by mature trees during most of the year. 4. The difficulty was self-created when the applicant became aware of the layout and size of the lot at the time of purchase. 5. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. There are numerous examples of similar garages located in front yard areas in the neighborhood. 6. Grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of a two car garage, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for with the condition that the garage be used only for accessory storage purposes. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Z5, m , To or or n , Oliva, and Orlando. This Resolution was�y ar P. Gma CEIVED AND _P IT E, By ddi� -TII„ M mar,•_SO l�aL`La� 2' C� o P'z^G5':n C" ti�i. n.� DEC A 12016 Residential lease ZONING 8OARd OF APPEAL APARTMENT-CONDOMINIUM-HOUSE 20 ,between BY THIS AGR EMENT made and entered into on C o N /� herein ref erre to as Lessor, and 5 C/ D /(/4 herein referred to as Lessee. Lessor (_J v,v,,v r w Ll�a p1zA in the City of leases to Le,�se the premises situated at 13 �ounty of D I/"'-F0(- �C State L e- of and more particularly described as follows:__— together with all appurtYnances,for a term of year(s),to commence on 2p , and to end on , 20 , at 1. Rent. Lessee a tees to pay,without demand,to Lesser as rent for thedemisedmonth premiseeton the he sum of day 6(-(.-a 0.5 Dollars ($__) per of each calendar month beginning , at , City of Sttao te of or at such other place as Lessor may designate. 2. Form of Payment. Lessee agrees to a rent e ch month in the form of one personal check, 0 one cashier's ti4 �c check,OR one money order made out to 45 A - UOti v 02 e'r rQ) 3. Late Payments. For any rent p ment not paid by the date due, Lessee shall jay a late fee in the amount of 4. Returned Checks. If,for any reason, a check used by}� s e to pay Lessor is returDneed without having been ) paid, Lessee will pay a charge of y�/ ollars ($ as additional rent AND take whatever other consequences there might be in making a late payment.After the second time a Lessee's check is returned, Lessee must thereafter secure a cashier's check or money order for payment of rent. 5. Security Deposit. On execution of this lease, Lessee deposits with Lessor Dollars($ b ), receipt of wht bto returned toch is gLesbeeLw'ithout i teUest esecrity oxcept wr the here Inquired by performance by Lessee of the terms hereof, law, on the full and faithful performance by him of the provisions hereof. 6, quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold,and enjoy the demised premises for the agreed term. Q o 7. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as athe this family residence, and neither the premises nor any part thereof shall be used at any time during lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family residence. -ssee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental a orities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks nnected thereto, during the term of this lease. Page 1 of 5 ©2006 Socrates Media,LLC WWW Socrates com LF310-1•Rev 03106 RECEIVED DEC 2 2 2096 qoj� 8. Number of Occupants. Lessee agrees that the demised premises shall be ZONING BOARD OF APPEALS persons, consisting of j adult(s)and upied by no more than co�ssor. -_child(ren) under the age of 18 y �Lc ,l,A ) n grounds and all buildings and improvements, and that they a 9. Condition of Premises. Lessee stipulates that he or she ea at the time of this remises, including the and a safe, clean and tenantable condition. ase, in good order, repair, 10. Keys. Lessee will be given returned to Lessor followi erminatio (s tJEemises and mailbox key(s), If all keys are not Dollars ($ le , Lessee shall be charged per key, I. Locks. Lessee agrees not to change loc n any door or mailbox without firs permission. Having obtained writte ermission, Lessee agrees to pay for changing the Lessor with one duplicate key lock. t obtainingin Lessor's written g 9 locks and to provide 12. Lockout. If Lessee becomes locked out of will be required to secure a private I smith pi eegain enter at Lemanag ement's regular stated business hours, Lessee e s sole expense. 13. Parking, Any parking that may be provided is strictly self-park and is at owner's risk. Parkin fees license to park only. No bailment or bailee custody is intended. Lessor is not re assume any liability for damages caused by fire, theft, casualty or any other taus g es are for a any vehicle or its contents. Snow removal is the r heft, casualty responsible for, nor does Lessor rent a parking space or garage must sign a Parking Space or G e whatsoever with respect to y of the vehicle owner,Any tenant who wishes to 14. Assignment and Subletting. Garage Rental Agreement. or sublet or grant any concession or license rior to usettee resent of Lessor, Lessee shall not assign this lease one assignment, subletting conces Sion or licens shall not deemed to be a consent t assignment, subletting concession, si license, ises or Y Part thereof.e consent by Lessor to prior written consent of Lessor, or an assign nt or subletting by operation to subsequent assign-ment, subletting, concession, or license without the Lessor's option, terminate this lease. of law, shall be void and shall, at 15. Alterations and Improvements. Lessee shall make no alter ons to the buildings construct any building or make other improvements on e demised premises without th of Lessor.All alterations, changes, and improvemen uilt, constr on the demised premises or by Lessee, with the exception of fixtures remov e without dama e to the e Prior written consent Property,shall, unless otherwise provided b ritte acted, or placed on the demised premises Lessor and remain on the demised premises at the expiration g e Premises and movable personal n agreement between Lessor and Lessee, be the property of 16. Damage to Premises. If the demised premises, or an P aatit n or sooner termination of this lease. casualty not due to Lessee's negligence or willful act or that f his employee, family, Y P her of,shall be partially damaged by fire or other premises shall be promptly repaired by Lessor and there s all be an abatement of r time during which, and the extent to which, the leased remises ma agent, or visitor, the premises should be damaged other than by Lessee's egligenceact rent corresponding with the agent, or visitor to the extent that Lessor shall have been untenantable;but, if the leased the rent shall be prorated up to the time of th dec' e not to r uild ori repair, the term ofor that of thisleloyee, family, e mage. ase shall end and 17. Dangerous Materials. Lessee shall not keep or have o he leased premises a inflam-mable, or explosive character that might unr sonably increase the danger any article or thing of a dangerous, g of fire on the leased premises WWW Socrates com Page 2 of 5 ©2006 Socrates Media,LLC LF310-1•Rev 03/06 19l W a LL. O LU W � � LLL m C71 Lr) Z Z O iV w l � p 1 4 1 -j h I � i it RECEIVED DEr ZONING BOARD OF APPEALS b r 1 I kECEIVEG i ZONING BOARD OF APPEALS Ir 4 1 ' 'a �I � I 3 t ,t i r -W RECEME) DEC � 3 �El16 ZONING BOARD OF APPEALS i M YTw +F J k, o�rr-: rl RECEIVED DEC 2 1 2016 70NTNC= 111 a D777 �rJ�r �J�rnFIS:1:11 :1 �r �r�Pr rL3.rJrrj�rj — fr�rJ�rJ�rJ��PrJ`r�rJ�rJ�r �rJ�rJ�j [2JLPL.Lr[3ff[, P�BY THIS--CERTIFICATE- OF. COMPLIANCE- THE-= NEW YORK BOARD: OF.= '•IRE' 'U.NDERWFa1�f'ERS 5 r BUREAU=OF ELEC_TRI,CITY = _ - _ � 9 3 5 40 FUL_T®N ST = - „ El(Vl�D: 5 5 F2EET I�iEW YORK; NY 1 ®038-- _ 5 CERTIFI,ES TI--IAT BOARb'OF APPEALS 5 Upon'the application of = _ ,; - upon premises=owned by JOHN E'. MCDONALD _ . _ _ JOHN E.-MCDONALD _-PAT HOGU-OE NY 1R1935: .,-i ^ :CUT HOGU NY,'11905(J 5 = Located at- _ 1235 WUNNEWETA ROAD CUTCH_ OGUE-NY-11935 5 Application-Nurrlber • 1109408 • - :-Certificate Number: .. -1109408 SSection:,-_ Block:_ '_ +-=_ Lot: =I_ _ Building Permit:= __ '- _ BDC:_ NS11 5 5 5 _,.D,escnbed as a Residential - -- -occupancy,_wtiereiri the premises electrical system consisting of 5 - - . - - ;- - t 5 5 electFical devices and wiring, described below,-located in/on the premises at: _ _ -- _- 5 " 5 - -First Floor,Second Floor,'DetachedtGarage,Outside, 5 was'irispected-iri accordance With_the National Electrical Code_and the detail_of the installation;-as set forth below,-was 5 - . 5 -found to.be in=compliance therewith on the ,--27,th ' Day,-of January;2003. 5 -Name;, ._ = l ' - _ O _Rate = RatmQ -ar :Type; 5 Panels-, ,` - - __ 50_.. - 2_ ` 5 -_Wiring and Devices _ ''_ _ _- _ . - - _ • 5 Receptacle,. ._ " _ - 4 - - General Purpose 5 Switch _ _ '10 0 General Purpose 5 Fixture _ -_ -_ -. _8 0 - ' _ Incandescent 5 'I 7. Receptacle;- ' 1 0,_ seal, 5 0-f 5;=This certificate'may"not be altered'-inany way and is validated only-by the presence of 4 raised seal-at the location indicated!- Z9A - A6 c z I. irm ASROTED NOTIFY UUILDIHG DEPARTMENT AS 1�fk 1416-11102 FANAM T01 PM FOR TH FOLLOWING INSPECTIONS, &FOUNDATION-TWO REQUIR PORP UREDCONCTIETE �Tr L3xg 7 I ROUGH-FRAMING A FLDMIMM a, a INSU 4 FINALTIOCNONSTRUCTION N IMCOMPLETEFORC.G. ALL CONSTRUCTION SMALL WE THE REGU'RF T1 OF 1.1.1 ..E CONSTRUCT &ENE"G' CODES HOY FIESPONSIffLE F. DESIGN OR CONSTRU CTKM ERR= V, 31 OCCUPANCY OR 00NOT PROCEED WITH USE IS UNLAWFUL FRAMING UNTIL SURVEY i WITHOUT CERTIFIC,;TE OF OCCUPANCY Or FOUNDATION I OCATION HAS BEEN APPROVED OZ5 li Zi7 RECEIVED DEC 2 12016 ZONING E30ARD 0' F APPEALS _III—I.I �--�v.t/da.Tion/ �Fist a�r•�_ / �X& 7,a,7 C.J 3z"o+rosteL ov vezTceC I i i yr" F�oo� of Ca,ucr�-'7� 3ood �/ RIECEIVED DEC 2 it ?016 ZONING BOARD OF APPEALS r ,�� �o AW �2 4Xf�G.L ( lar ki MQ '�'w`-_`"c.`�''^•�`� ,'_ � I r � `�__' � � I �%%%WWW/// 61�g' , � f f Al 1hh \ v v ry h ° o.L •� �J�/ � r/ h a i , 4/ I � � �FF� � o ;• y A1,1Th En{7 s.Dc ot%Fi1�n6-� , N�/y_`l'✓__— . `�o�oa,Cea,�� `Ccc1fffl le no- yo �1�w n K,�CoS RECEIVED DEC 9 12016 ZONING BOARD OF APPEALS 3 D Q N _ 0 t9 fA \ Ir �o C 6 V y �^ ^,i // 1or ` I' �b/i 6 zQ _J vJio'loYv t 20 7 eft } r i RECEIVED DEC 2 A 2016 ZONING BOARD OF APPEALS Ci ki j le� �9 Y t� t{� I {7�{ }t{t� 1 i f l Plqt-6- Poo r` �� eLveAt r SWIW-d MY B T.U.Porn WOr_Buydn W S k Deed,v th Co' ,Inu Gnrvn i Am-Individ,.l a Cwo" A-Oink A.0 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 1 10340 / THIS INDENTUREmade this , day of December,nineteen hundred and ninety-seven BETWEEN RECEIVED THOMAS KELLER,residing at DEC 2 101 Dartmouth Street Williston Park,NY 11596 ZZONING BOARD OF APPBALS party of the first part,and JOHN E.McDONALD& CATHERINE T.MCDONALD, being married to each other and residing at 16 Hastings Street Dix Hills,NY 11746 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 p?rty of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold,County of Suffolk and State of New York,known and designated as parts of lots 203 and 204 on a certain map entitled, "Amended Map A, Nassau Point", and filed in the Suffolk County Clerk's Office on 8/16/1922 as Map Number 156,said parts of lots taken together,being bounded and described as follows: BEGINNING at a point on the southeasterly side of Cove Road at the northeasterly most end of an irregular curve connecting the northeasterly side of Wunneweta Road with the southeasterly side of Cove Road; RUNNING THENCE from said point of beginning northeasterly along the southeasterly side of Cove Road along an irregular curve bearing right having a tie line of north 53 degrees 25 minutes 10 seconds east 204.44 feet to a point, RUNNING THENCE through lots 203 and 204,south 11 degrees 23 minutes 40 seconds east 186.94 feet to a point; RUNNING THENCE along the dividing line between lot 204 and lot 205,south 78 degrees 36 minutes 20 seconds west 170.00 feet to a point on the northeasterly side of Wunneweta Road; RUNNING THENCE along the northeasterly side of Wunneweta Road northwesterly,northerly and northeasterly along an irregular curve having a tie line of north 19 degrees 55 minutes 50 seconds West 101.06 feet to a point on the southeasterly side of Cove Road,the place or point of BEGINNING. DISIRIGT SECTION BLOCK LUT Dist. 1000 BEING AND INTENDED TO BE the same premises desi ribed in the deed of the parties of the first part herein Sec. by deed from JAMES F.MULLAHY and JEANNE E.MULLAHY,dated 5/29/86,recorded in the Suffolk County Clerk's 104.00 Office on 6/12/86,in Liber 10056,Page 450. Block 12.00 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting Lel the above desgribed premises to the center Imes thereof;TOGETHER with the appurtenances,and also all the estate 012.002 and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of improvement before using any pan 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 IN PRESENCE OF: THOMAS KELLER { 20029 d/76 1 Q RECEIVED s❑ �'�{;QRQFf� `'�/D $ 3ov d 1871PP 4 REAL ESTATE �OE�VED DNumbcro pages JAN 0 5 1998 98 JAH`5 PM 12:26 TORRENS Q p DEC 9 TRANSFER TAX C E��OF k{�E� Scrial# SUFFOLK �U L ZONING BOARD OF couNly �C[IUh:7•Y APPEALS Certificate# 20029 Prior Cif.# Decd/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage AML _ Handling 1. Basic Tax TP-584 t 2. Additional Tax _ Notation Sub Total EA-5217(County) Sub Total _ SpocJAssit. EA-5217(State) or Spec./Add. R,P.T.S.A. _ ���Y TOT.MTG.TAX Comm.of Ed. 5.00 a O` Dual Town Dual County C Held for Apportionment Affidavit a "30777- Transfer 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 y.` dwelling only. Other YES or NO GRAND TOTAL ; If NO,see appropriate tax clause on page# of this instrument. Real Property Tax Service Agency Verification 6 Title Company Information �h Dist. Section Block Lot le7p"� lvq'ebo 12"10:f� 07,E .opZ�// S��n re . �► ���' Companyy Name 7, a77 Initi 44 Title Number 01111 f7 •64V12!.1117-S_, E�. 8 FEE PAID BY. 12-12-5 0,f Cash Check urge p 9.(3o�C 6 5 Payer sarne as R&R NAME q/ N ADDRESS:/� 0451-1flIt/l'j • RECORD&RETURN TO 7 (ADDRESS) r 9 Suffolk County Recording & Endorsement Page This page forms part of the attached D Ca made by: Oh?lL5 I�3�J��/Y' (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW/YORK. TO / In the Township of -!� hn i�_, i'11�or1k .f ��✓ In the VILLAGE �l orHAMLETof BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. i FORM NO. 3 TOWN OF SOUTHOLD RECENED BUILDING DEPARTMENT Town Hall DEC 2 It X016 Southold, N.Y. ZONING BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 28328 Z Date APRIL 25, 2002 Permission is hereby granted to: JOHN E MCDONALD 1235 WUNNEWETA RD CUTCHOGUE,NY 11935 for CONSTRUCTION OF AN ACCESSORY GARAGE AS APPLIED FOR WITH ZBA CONDITIONS at premises located at 1235 WUNNEWETA RD CUTCHOGUE County Tax Map No. 473889 Section 104 Block 0012 Lot No. 012 . 002 pursuant to application dated APRIL 25, 2002 and approved by the / Building Inspector. Fee $ 285 . 00 ath igna re COPY Rev. 2/19/98 TOWN OF SOUTHOLD PROPERTY RECORD CARD ,OWNER STREET / VILLAGE DIST. SUB. � LOT 1-"C,4 a a U 4, FORMER OWNER N E ACR. S W TYPE OF BUILDING SEAS. VL. 9 FARM COMM. CB. MISC. Mkt. Value ftyv LAND IMP. TOTAL DATE REMARKS 7 A16 Y74& A/- 7' Z- q L12 0 Lf 6 0 4,1 66 6 1-a a 7-6 v 903 360 390 al/SCC) % /99 1 A 9C7 -'m L'I 1(4� 4-� 1 (,r-,r o�,cef, V/ Moocf> 8p; cq 4 CtD n Si, c;n ia er) c k- cy 2 70-0 /0 900 3X;A-3 -� (3C )Yul rr) qc)c)c) J� )2-- 9 960 -'s C)6) Q 1 czz2-,)/ 7q Tillable 2 b Tillable 3 Woodland 12 C=:) 0 LU Swampland FRONTAGE ON WATER 2, Brushlond FRONTAGE ON ROAD House Plot -7S 1100olZ Z DEPTH j BULKHEAD Total DOCK ` e,r^.m+v/ u.sx., y.Rn.'C` �` _ y Y, � ,t- _ ,: ■■■■ �,■■■■■■'YY.���� ' - = �" f �'''' _ ■■■■ S �f�i■1■� . ■It■■■■■■FSI■��; mill MENEM WOMEN SEMI OEM MO Twit —�"'-., SON POOR MEN ,r..,�i ti a4y/a .. , w, ,i, ` •'' t.>^-v' ONES NE ■■��■■■■■■■■■■■■ • , 1 4 s : ..YY • ELIZABETH A.NEVILLE,MMC �y� �y Town Hall,53095 Main Road TOWN CLERK o P.O.Box 1179 coo Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � ® Fax(631)765-6145 MARRIAGE OFFICERy RECORDS MANAGEMENT OFFICER a® Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER ®1 www•southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 23, 2016 RE: Zoning Appeal No. 7036 Transmitted herewith is Zoning Appeals No.7036 for John E.McDonald-The Application for a Special Exception Permit for an Accessory Apartment in the Accessory Building to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, Certificates of Occupancy, Findings, Deliberations and Determination Meeting of March 28, 2002, A Copy of Residential Lease, Photos, Certificate of Compliance, Copies of Birth Certificates and Driver's License, Drawings, Copy of Deed, Copy of Building Permit, Property Record Card, Survey, and Drawings of the Floor Plans. I l * * * RECEIPT * * * Date: 12/22/16 Receipt#: 214960 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7036 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#899 $500.00 Mcdonald,John E Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Mcdonald,John E 1235 Wunneweta Rd Cutchogue, NY 11935 Clerk ID: SABRINA Internal ID:7036 l � t i}•Z G1Z � y�z /��.Q{ �r�� L� 'ls2i ���!/•V fi 1LG1�%L7—!J/ �'�/' (.1/j2/V�i..G,4%��0•(j'�.,`�(/� � �.(/Y � �`�J� �`/`'tJJ'!/ICU"C('L��fii � ff 7 � "��O°��°nt - ; 7��.` .�v-•{2ytj�v. �'�I,Lu�b7[�G� c�1w��--�Gt--��irL7�?�-.�mr./�-�� ;;,�� -p 36 . of: AL QG'U/ BOARD MEMBERS ®F S®!/rSouthold Town Hall Leslie Kanes Weisman,Chairperson ®� ®�® 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G ® Town Annex/First Floor,Capital One Bank George Homing 54375 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)IFWN60 �31)765-9064 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2017 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, MARCH 2, 2017: 10:10 A.M. - JOHN E. MCDONALD AND CATHERINE MCDONALD #7036 — Applicants request a Special Exception under Article III, Section 280-13B(13). The Applicants are owners of subject property requesting authorization to establish an Accessory Apartment in an accessory (garage) structure, at: 1235 Winneweta Road, Cutchogue, NY. SCTM#1000-104-12-12.2. 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: kimf@southoldtownny.gov Dated: February 16, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 r 1 r ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: httn://southtown.northfork.net February 6, 2017 Re : Town Code Chapter 55 -Public Notices for Thursday, March 2, 2017 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 February 13th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than February 20th : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 22"d: 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 February 28, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i4uTlk. E OF HEARIi4o The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : NAME : MCDONALD , JOHN # 7036 SCTM # : 1 000- 1 04- 1 2- 1 2 . 2 IARIANCEmm SPECIAL EXCEPTION REQUEST: ACCY. APARTMENT IN ACCY . STRUCTURE SATE : THURS . , MARCH 2 , 2017 10 : 10AM If you are interested in this project, you may review the file(s) prior to the I earing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 #13179 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 231d day of February, 2017. Principal Clerk P Sworn to before me this day of 2017. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY,March 2,2017 c INA VOLINSKI PUBLIC HEARINGS NOTARY PUBLIC-STATE OF NEW YORK NOTICE IS HEREBY GIVEN,pur- No. DIV06105050 suant to Section 267 of theTown Law and Qualified in Suffolk county Town Code Chapter 280(Zoning),Town of Southold,the following public hearings My Commission Expires pggryary 2rl 2020 will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,P-O. Boz 1179,Southold,New York._,11971- 0959;on THURSDAY MARCH 1.2017. of Disapproval based on an application deck addition less than the code required 9:30=A:14I:=R,BRADFORD BURN- for a permit to construct additions and minimum front yard setback of 50 feet, HAS; Imo,#7015 — (Adjourned from alterations to an existing single family 2)"as built"accessory pergola located in ry Janua .5;'2017) Request f6r a Vari- dwelling and a new accessory garage,at: other than the code required rear yard, ance under Article I1I,Section 280-13 1)less than the code required minimum located at;1315 Hillcrest Drive,Orient, and the Building Inspector's August 2, front yard setback of 35 feet,2)less than NY,SCI'M#1000-13-2-8,10 2016, Notice of Disapproval based on the code required minimum rear yard 1,15 PM -TOWN OF SOUTHOLD an application for a building permit to setback of 35 feet,3)accessory garage lo- PLANNING BOARD/ACKERMANN construct a boathouse(storage building) cated in other than the code required rear AGRICULTURAL BARN #7037 The on a vacant residential parcel,at:1)the yard,locatedat;125Bow Road,Southold, Southold-Town Planning Board'has re- proposed boathouse (storage building) NY.SCTM#1,000-87-2-33. quested that the Southold Town Zoning is not a permitted use;located,at:Pen- 1140 A.M.-DAVID AND JUDITH Board of Appeals,pursuant to the Plan- ninsula Road (adj. to Darbie's Cove), MILLER#7031-Request for a Variance ning,Board Memorandum dated Decem- Fisher's Island, NY. SCTM#1000-104- under Article IR,Section 280-15;and the ber 2,2016,provide an interpretation as 9.2&1000-104-9.3 Building Inspector's October 14, 2016 to whether agricultural equipment stor- 9 45 A.M, ELIZABETH BRANCH Notice of Disapproval based on an appli- age for a vineyard management opera- #7010 - (Adjourned from January 5, cation for a permit to remove an existing, tion•qualifies as a permitted agricultural 2017)Request for a Variance under Arti- swimming pool and to construct a new storage use relative to a proposed build- cle III,Section 280-13C and the Building accessory in-ground swimming pool,at: ing located on eight acres of lands on Inspector's September 19,2016,Notice 1)located in other than the code required which development rights are owned by of Disapproval based on an application f6ar yard, located at; 370 South View the Town,located at:1350 Alvahs Lane, for a permit to demolish an existing ac- Drive,Orient,NY,SCTM#1000-13-1-9.1. Cutchogue,NY.SCTM#1000-102-4-6.1. cessory cottage and a building permit to 10.50 A.M.-MARIALICE DOYLE The Board of Appeals will hear all construct a new accessory cottage with an 97033 - Request for a Variance under persons or their representatives, desir- expansion at:1) the proposed construc- Article XXHI,Section 280-114;and the ing to be heard at each hearing,and/or tion is not a permitted accessory use,at: Building Inspector's October 24, 2016 desiring to submit written statements 1560 Indian Neck Lane (Adj. to Hog Notice of Disapproval based on an ap- before the conclusion of each hearing. Neck Bay,Little Peconic Bay),Peconic, plication for a permit to construct an ad- Each hearing will not start earlier than NY.SCTM#1000-98-4-23. dition(three season's room) to a single designated above. Files are available for 10:00 A.M.-DAVID BOFILL#7028 family dwelling,at;1)addition located at review during regular business hours and -Request for Variances under Article III, less than the code required minimum rear• prior to the day of the heating. If you Section 280-15;Article IV,Section 280-19; yard setback of 50 feet,located at;3585 have questions,please contact our office and the Building Inspector's November Great Peconic Bay Boulevard, Laurel, at,(631)765-1809,or by email:KimF@ 16, 2016 Notice of Disapproval based NY,SCTM#1000-128-3-12,5. southoldtownnygov on an application for a permit to legal- 11.15 A.M.- LEJON ENTERPRIS. Dated:February 16,2017 ize two"as built"accessory buildings and ES, INC. #7034 — (Contract Vendee) ZONING BOARD OF APPEALS an"as built"accessory deck,at:1)acces- Request for a Variance under Article LESLIE KANES WEISMAN, sory structures located less than the code XXIII,Section 280-124;and the Building CHAIRPERSON required minimum side yard setback Inspector's November"28, 2016 Notibe BY.Kim E.Fuentes of 10 feet,at:5785 Vanston Street,(Adj. of Disapproval based on an application 54375 Main Road(Office Location) to Wunneweta Pond) Cutchogue, NY. for a permit to construct a new single 53095 Main Road(Mailing/USPS) SCTM#1000-118-1-1.4. family dwelling, at: 1) proposed-dwell- P.O.Box 1179 10:10 A.M.-JOHN E.MCDONALD .ing less than the code required minimum Southold,NY 11971-0959 AND CATHERINE MCDONALD rear yard setback of 35 feet,located at; 13179-1T 2/23 #7036 — Applicants request a Special 6125 County Route 48,-Mattituck,NY, Exception under Article III,Section 280- SCTM#1000-139-3-49. 13B(13). The Applicants are owners of L-00 P.M. - IAN AND LYNETTE subject property requesting authoriza- CROWLEY,#7035—Request for Vari- tion to establish an Accessory Apartment ances under Article III,Section 280-15; in an accessory (garage) structure, at: Article=11,Section 280-124;and the 1235 Winneweta Road,Cutchogue,NY. Building Inspector's December 7,2016 SCTM#1000-104-12-12.2. Notice of Disapproval based on an ap- 10:30 A.M. - JOHN MURNAME _ plication for permits to legalize an"as #7027-Request for Variances under Arti- built"deck addition attached to an ex- cle XXIII,Section 280-124 and the Build- isting single family dwelling and an"as mg Inspector's October 31,2016 Notice 'built"accessory pergola,at:1)"as built" TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ®�(� SOUTHOLD,NEW YORK � �� � AFFIDAVIT OF In the Matter of the Application of MAILINGS C /�)Okl� M- (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, �$ C residing at New York, being duly sworn, deposes and says that: On the /3 q y of ��^`v`�� . , 20/(' I personally mailed at the United States Post Office in OC vll2 'New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES ED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (-�Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding e ap i is property. (Signature) Sworn to bef e me this /3KIM r Y e �O r °- Ft,��z�T�•� da of 017 F:at ry €�ub"c, qY&is'`:«iawYork No.4411700 OU9.4 ir4 In ftfifrlk county (Notary Public) '' `'�r P rvc April PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to`the owner names and addresses for which notices were mailed. Thank you. M stai Service U.S. Postal.:Service' I i -tERTIFIED MAIL� RECEIPT © r-q I I 'CERTIFIED MAIL �AECEIPT , Doirpestic Wff)oIy CO Don i jestic Mau 6n�yI rq ire 117 C3 5 011 M T F M Ln EA C101,071105*1 1-0 Certified Mail Fee $3.35 0935 n Ue-r-ffj7ed—Mpi!I Fee 1-7. A. 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Features: First-Class Mail® Certified Mail`" Return Receipt Text Updates j See tracking for related Item: 9590940223416225331642 ' Email Updates DATE&TIME STATUS OF ITEM LOCATION February 15,2017,3:52 EAST pm Available for Pickup ELMHURST,NY 11369 'I Your itrrtt arrivo:;r,*t the-IST LLVi DURST NY 11,369 posy oiTlce at 3.52 prn on Fntx iaiy 15,2017 an i>read fc•nickup February 15,2017,12 44 Notice Left(No Authorized EAST pm Recipient Available) ELMHURST,NY 11370 Departed USPS Destination j February 15,2017,3 18 am Facility BROOKLYN,NY 11256 Arrived at USPS Destination February 14,2017,9 03 am Facility f BROOKLYN,NY 11256 February 13,2017,10 30 MID PROCESSING AND Pin Departed USPS Facility DISTRIBUTION CENTER I February 13,2017,7.25 pm Arrived at USPS Facility MID PROCESSING AND DISTRIBUTION CENTER , February 13,2017,5.03 pm Departed Post Office CUTCHOGUE,NY 11935 February 13,2017,11 58 Acceptance CUTCHOGUE,NY 11935 am Track Another Package j Manage Incoming Packages Tracking(or receipt)number I Track all your packages from a dashboard ' No tracking numbers necessary $ stir i Track It Sign up for My USPS> https.//tools usps.com/go/TrackConfirmActlon action?tRef=fullpage&tLc=2&text28777=&tLabels=70160910000155653098%2C%OD%OA 112 o Ln M a o �IOUVE 9IVAIlY176 ' ul .� Certified Mad Fee Ln $ $3.35 0935 In Extra Services&Fees(check box,add fee p v 10 EI Return Receipt(hardcopy) $ U n ate) El Return Receipt(electronic) $ �Il fill C3 ❑Certified Mail Restricted Delivery $_ tkry r'rA i Postmark C3 ❑Adult Signature Required -�""t' — Here ❑Adult Signature Restricted Delivery$ +"-'��r'—�' (}� �•� C3 Postage 3\ $ 1.19u Q' Total Postage and Fees \I t 02/�i IC- $ $7.29 ,i . 7 .:. Srrsee6 l7 . Ar��G raj/0 cK�L 57r' C3 street andl N ,-o�OB--N--- v �� 'sQ' ae ���c, ------------------- ----------------c�tyrl�/ - �p41 ------------------ ?Pr 1 ® Complete items 1,2,and 3. A. Signature 15 Print your name and address on the reverse X 0 Agent so that we can return the card to you. [3 Addressee ® Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Dlivery ( or on the front if space permits. L ( 1--e-ie )�/G�+/ �( C 1. Article Addressed to: b. Is delivery address different from item 1? Yes a If YES,enter deliveryaddress below: -- e�iL/ /Ul / e� ❑No 'U/ /d Ga'- �t f/`ro II SII I I I I I I ISI I I I III III 111 l 11 ell I III Service3. yPriority Mail ❑Adult gnaturre Registered 9590 9402 2341 6225 3316 28 ElCertif ed Ma IB 11 Adult Signature Restricted Delivery ❑DelliivetreYred Mad Restrlctedj ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise '� 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM' - 'I Insured Mail ❑Signature Confirmation 7 016 10 910 ',0 0,01',-5 5 9 5t`;5111 i h' i`, Insured Mail Restricted Delivery I Restricted Delivery } e(over$500)' S PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt . r ® Complete items 1,2,and 3. A. Sfr1 "'—_ (—)1 9 Print your name and address on the reverse X0 Agent so that we can return the card to you. 0 Addressee ( o Attach this card to the back of the mailpiece, B. Recei d by(/Printed Name) C. Dat of Dell ery or on the front if space permits. /I 7 0-01 Grr�, � 2, r(� 1. Article Addressed to- D. Is delivei irent from item 1? 0 Yes s / !yAl 4 AG ✓Q�u If YES,enter delivery address below: QNo IX II� I III I II I I II ISI I I�III II II I I�I I I II I II II 13 Ad Signature Service gn turre�`,��M U` /Al❑Reg RegMe I istered MapMss® 9590 9402 2341 6225 3316 35 'XCertified Mad®t Signature Restncted Delivery ❑Registered Mail Restricted Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 7 016 D 9.],0 :0 0 0 --- 0 Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm, -_ -_ 1' 5 5.6 5':310 4 ❑Insured Mad f7 Signature Confirmation ;�1 • ; 1❑Insured Mad Restricted Delivery, i Restricted Delivery (over$500) a { PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return-Receipt i� TOWN OF SOUTHOLD ZO-NINGBOt�-RDF—A-PPE-AZ 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#1000- %0'0 o /0111- i2, COUNTY OF SUFFOLK) STATE OF NEW YORK) y4 I, r-k v e IR c-A Oitl f residing at ��� c/�✓ ��vetQ- (?J (6 &qOe- ,New York, being duly sworn, depose and say that: On the day of la",, t/c[ , 2017 , I personally placed the Town's Official Poster, with the date of hearing d nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date,which hearing date was shown to be 1va Le�I Z u 7 (Signature) Sworn to befo e me this ®f�9lVlE D. BUNCH Day of F jrl�OLr\ 201 7 Notary Public,State of New York No.01 BU6185050 Qualified in Suffolk County Commission Expires April 14,2A�)A� ly"Cr]�,1�n-f (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. 4 7ttms 1,2,and 3. A. S nature me and address on the reverse y ❑Agent an return the card to you. ? ❑Addresseeard to the back it the mailpiece, ceivPd byl(Pri ted N�a�me) C. bats of[ ery or on the front if space permits. 1. Article Addressed to: mil D. Is delivery address different from item 1? E3 Yes , /s/ �lt c�,¢ �+r! A�/�.,'c If YES,enter delivery address below: No Lod II I III II IIiI III I VIII I I III I II I II I I I III III 3. Service Type CI Priority Mad Express@ L ❑Adult Signature ❑Registered MWITM I11 Adult Adult Signature Restricted Delivery ❑Registered Mail Restricted c e n� 9590 9402 2341 6225 3315 98 Certified Mad@ Delivery ® o Certified Mail Restricted Delivery ❑Return Receipt for 100 y u m m v I ❑Collect on Delivery Merchandise 4- 0 n¢ _,.l_2. Article Number_Olransfer_frnm iCPm;,.iohcn _ ❑i Collect on Delivery Restricted Delivery 1:1 Signature Signature Confirmation-�.O }Z 'uj a� am a�013- -4- iInsured Mail 1 ❑Signature Confirmation Zm ❑❑ — ID ❑. 7 016 0910 00,01 5565 3,142, iInsured Mail Restricted Delivery Restricted Delivery 0 %324.2,5^ ea ¢0,2?--� u r�(over$500) f'rf• �O}} a�2 c m 5�� lit I1 --- - U �c�... �a �min���mmc U i PS Form ,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I iv 3 cit. ¢o�� o COCO CO ir ® ® o • • • • �� m i� i • Complete items 1,2,and 3. A. Si natu e c�`" tail Qa o ■ Print your name and address on the reverse �� �/ 13 Agent ' , �,, ° 2 so that we can return the card to you. ❑Addressee a m ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery >` � C or on the front if space permits. �,w OL 6 a) �M o M-6 1. Article Addressed to: r � N -)M-8 —o- ff °v P. Is delivery address different from item 1? ❑Yes '?Y,Y o If YES,enter delivery address below: ❑No o v rn v-0 o o N > l� + QgUUU_U_.9 ri❑Off❑C ❑ L 9 TCO 00 � 8 3. Service Type 11 Priority Mad Express@ n 171 o VIII I I II I I I VIII I II II II I I II I I I I II II 11 Adult Signature, 11 Registered MaiITM r y � o ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted•_ �) 9590 9402 2341 6225 3316 04 ❑Certified Mad® Delivery — LO Ln 2 __ ^ 'fled Mail Restricted Delivery ❑Return Receipt for u ❑ N u) 313 5 Ct on Delivery Merchandise 5 CL N CO) 0 910 0 p 01 5565 t on Delivery Restricted Delivery ❑Signature ConfirmationTM ! ® � I IL ?1316 ❑Insured Mail ❑Signature Confirmation r O r _ ❑Insured Mail Restricted Delive Restricted Delivery ® � (over$500) ry' S ® � E IO �I PS Form 3811,July 2015 PSN 7530-02-000-9053Domestic Return Receipt .o N V \ ® oN t O 2:, i rn " r=1 I - Er I❑ m ® 0) 2 1 C`D e ® o o m • • o Q ® � r .0 o f r V O L2 ■ Complete items 1,2,and 3. A. Si e N E3 a ■ Print your name and address on the reverse ❑Agent ( -^ j so that we can return the card to you. G ❑Addressee 13 Attach this card to the back of the mailpiece, SK Re iv by(Printed Name) C. ate of Delivery or on the front If space permits. �--`A 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes /V *Al e,�,QQ /6�0 e U +e If YES,enter'delivery address below: [3 No 2,-);7 �lUL�� i L9 N!f � f { II I SII II III III I II III I III II II I I II I I I0 IiI III 3. Service Type ❑Priority Mail Expresse ` ❑Adult Signature O Registered MadTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2341 6225 3316 11 ❑Certified Mail@ Delivery 0 Certified Mail Restricted Delivery 17 Return Receipt for _-__ -- ❑Collect on Delivery Merchandise 2._Ar tido -- ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationm ?016 0910 -00 01 5565- 3128 ❑Insured Mail ❑Signature Confirmation ______—_�--•--- ❑Insured Mail Restricted Delivery Restricted Delivery -- - — I (over$500) PS Form 3811;July 2015 PSN 7530-02-000-9053 Domestic Return Receipt} BOARD MEMBERS so 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 Q Town Annex/First Floor,Capital One Bank George Homing 'p a0 54375 Main Road(at Youngs Avenue) Kenneth Schneider 100u ,� Southold,NY 11971 http://southoldtown.northfork.net ® ZONING BOARD OF APPEALS TOWN OF SOUTHOLD D Tel.(631)765-1809•Fax(631)765-9064 OEC 2 2 2016 BUZDING DEQ. T® OF SO ° TO: SOUTHOLD TOWN BUILDING DEPARTMENT, 7HOLD RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application No : #7036 McDonald, John E. Date sent to Building: 12/22/16 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of reviewer Date: Adopted by the Board of Appeals May 18, 2011 BOARD MEMBERS ®ff SOft Southold Town Hall Leslie Kanes Weisman,Chairperson ��� yQl 53095 Main Road•P.O.Box 1179 h O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �Q ® A��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyCouv,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809• Fax(631)765-9064 March 21, 2017 John McDonald 1235 Wunneweta Road Cutchogue,NY 11935 RE: ZBA Special Exception Permit No. 7036, McDonald SCTM No. 1000-104-12-12.2 Dear Mr.McDonald: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at their March 16, 2017 meeting, granting you a Special Exception Permit to establish an accessory apartment in an accessory structure on your property,pursuant to Article III Section 280- 13(B) 13 (a-k)and 280-13 (D) 1-9 of the Town Code. Please be advised that this Special Exception Permit requires an annual renewal from the Building Department.It is your responsibility to apply to the Building Department each year to renew your accessory apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted in the enclosed decision. Please also note that this Special Exception Permit cannot be transferred to new owners. Before commencing any construction activities, a building permit is necessary(if applicable). Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call the office. Sincere y, Kim E. 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