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HomeMy WebLinkAbout6449 M Azrz)cc,�(,/9 Sp Wk- s-/?--a�l r' BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �'Of so yo1 53095 Main Road •P.O.Box 1179 p Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider ��yComm Southold,NY 11971 RECEIVED http://southoldtown.northfork.net ZONING BOARD OF APPEALS JUN 2 1 2011 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 15,2011 ZBA Application No. 6449 Applicants/Owners: Jerome and Sandra Martocchia Property Location: 67795 County Road 48 Greenport New York Parcel No.: SCTM 1000-33-3-17 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: This application was referred as required under the Suffolk County Administrative Code Sections A .14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 11, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. The Zoning Board of Appeals held a public hearing on this application on March 3,2011,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13B(13)to establish an Accessory Apartment in an existing accessory building. PROPERTY FACTS/DESCRIPTION: The property is 34,111 square feet with 176.45 feet along Middle Road (CR 48).The property is improved with a single-family two-story residence, and three accessory_ buildings, as shown on the December 16, 2010 survey by Peconic Surveyors P.C.The dwelling has a Pre- Existing Certificate of Occupancy of record dated August 8,2004 under Certificate of Occupancy#30369 confirming that the one family dwelling with accessory garage and 2 accessory wood frame buildings was built prior to April 9 1957 and a valid CO issued prior to 1/l/08.The owner resides in the existing single- family dwelling as the owners' principal residence. ADDITIONAL INFORMATION: On May 24,2011 the Town Board passed Resolution No.2011-4515 changing the wording of Code Section 280-4-13B(13)(f)to read"The accessory structure which is to be converted in whole or in part,to permit an accessory apartment shall be in existence and be eligible for or have a valid Certificate of Occupancy issued prior to January 1,2008." Page 2—June 15,2011 ZBA File#6449-Martocchia CTM: 1000-33-3-17 FINDINGS OF FACT: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article 111, 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 first floor of a single story accessory structure, 2. The owner of the premises will occupy the two (2) story principal dwelling on the subject property and the qualified tenant will occupy the accessory apartment located in the accessory structure. The applicants submitted a notarized statement dated March 16, 2011 stating that the occupant of the proposed accessory apartment will be their niece, and a copy of a lease agreement between himself and his niece dated March 15, 2011 3. The accessory apartment will occupy 676 square feet of livable floor space ofthe accessory structure, as shown on the drawing labeled "Martocchia House As Built" number AB sheet 1 of 1 stamped by Adam C. Volosik, Registered Architect dated Sept 21, 2010. This is well over the minimum code requirement of 450 square feet. I i 4. The accessory apartment will not exceed the code limit of 750 square feet of livable floor area and it will be located on one floor of the single story accessory structure with only one(1)full bathroom. 5.The applicants' plans comply with the on-site parking requirements and provide for a total of three 3 PP P P Y P g q P ( ) parking spaces,two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the site plan by Peconic Surveyors P.C. dated December 16,2010. i 6. The proposed accessory apartment is the only accessory apartment located on the parcel. i 7.No Bed and Breakfast facilities, as authorized by Section 280-13(B)(14)hereof shall be permitted in or on 4 premises for which this accessory apartment is authorized. i 8. The accessory apartment will meet the requirements of an apartment as defined in section 280-4 of the zoning Code which states"an apartment created in a presently existing one-family dwelling unit or i accessory structure". ++� I 9.This conversion shall be subject to a building permit, inspection by the Building inspector and renewal of the Certificate of Occupancy annually. 10. The existing structure which is converted to an accessory apartment has a valid Pre-Existing Certificate of Occupancy dated August 8, 2004 which states that the one family dwelling with accessory garage and 2 accessory wood frame buildings existed prior to April 9, 1957. 11. The existing buildings on this premise comply substantially to the zoning code as described in the Pre- existing Certificate of Occupancy issue on August 8, 2004. Certificate of Occupancy number Z30366. 12. The conversion for the accessory apartment, shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property, 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, Page 3—June 15,2011 ZBA File#6449-Martocchia CTM: 1000-33-3-17 adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the principal single- family dwelling unit, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, or 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. I BOARD RESOLUTION: On motion by Member Horning, seconded by Member Dinizio, it was RESOLVED, to GRANT a Special Exception for an Accessory Apartment, in conjunction with the applicant's single-family residence, as applied for. 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 deviation from the variance given such as extensions, or demolitions which are not shown on.the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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), Horning, Goehringer,Dinizio, Schneider. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing / //7 /2011 i i I I 26'-0" 70, ADAM C. VOLOSIK ARCHITECT lo El MASONRY CHIMNEY 528 South Harbor Road Southold,NY 11971 631.806.2537 DECK m v — — — — — — — - - - - - - - - - - - - - - - - - -Z__ WOOD GABLE VENT to - / ASPHALT SHINGLE ROOFII —I we \ / i B TH ELI i / \ PTD.WOOD TRIM I SINK i— CEAR SHINGLE SIDING BEDROOM I OW iV I I 5 3/4�' 1"X4"PTO.WOOD TRIM1i L1 dI - -3/4" 2'-4 3/4" 16'-9 1/4" 13/ " 4 8/4 I 1"X4"PTD.WOOD TRIM -- — I WINDOW TYP. Ll L11 I F F1 _ 6 STEPS�N I EXPOSED MASONRY FOUNDATION LIVING ROOM M REFRIG. KITCHEN- M I I I — SIN I 5 3/4 16'-2 3/4" j j 3. SOUTH ELEVATION 4. NORTH ELEVATION i Lf) I 1/4"=1'-0" I L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � 1 AS BUILT 21 SEPTEMBER 2010 NO. ISSUANCE DATE . FIRST FLOOR PLAN RELEASES 1/4'=1'-0" SEAL: `S,�EaEd q90 Q�C�Pop,M C. �n t 26'-0" 't 032427 P �OP NEW 4 Li LLJ PROJECT: q POURED CONCRETE SLAB ON GRADE zo Martocchia House RECEIVED EAST ELEVATION WEST ELEVATION FINAL "�, 5. 1/4"=1'-0" 6. 1/4"=1'-0" REVIEWED BY ZBA JAN F 2011 REv SEE DECISION # qqq BOARD OF APPEALS DATED,." l 1 ao Rt 48 Greenport, NY DRAWING NAME: AS BUILT VIC TOTAL LIVABLE FLOOR AREA: 676 SQUARE FEET DRAWING NUMBER: DRAWN w. ACV SET: 2. FOUNDATION PLAN CHECKED BY: ACV AB SCALE: 1/4"=1'-0" SHEET: PROJECT No 10-02 1 of 1 N . SURVEY OF PROPERTY' AT GREENPORT ties 11� TOWN OF SO UTHOLD Cove �sti�led Seri r�FE. SUFFOLK COUNTY, N. Y. goc� ,�°63'� �a ZN o.3,sR 1000-33-03-17 z E. ,e oti 19 65 \ 3 w DECK SCD c 612010 F 9.E. 164 x, poi oEoK p o PpO\- � �a .�d . 5'� 23' x�x N oN �i� gwN�� r, AY N69, max- '� N ,&6' 0 0 coo co. �C) 0 0 (p 0 5 1 6. p � � N 0 e.A N 8'W• x -ovR � r 1 56 6 0 J4i N A. W y ``�► 0 x% a 0 ��' 475, k/- gD 0 m \� 0 N �. x 4.9 © GVRB / \% © 1e` p �N Ilk f RECEIVED o %\ MM oNo JAN 2011 Out, © 1�g,A5 Q-aBOARD l OF APP�A 9•00 0A s6 g 49618 ANY ALTERATION OR ADDI77ON TO THIS SURVEY IS A WOLA77ON ECONIC S ORS, P.C. OF SECTION 72090E 7HE NEW YORK STA7E EDUCA77ON LAW. (6J1) 765-5020 FAX (6J1) 765-1797 EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERRFICARONS P.O. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF F 111 SQ AREA=34, . l . 0r 0. . 783 ACRES 12J0 TRAVELER STREET SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 10-238 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 f COUNTY OF SUFFOLK RECEIVED 1 JAN 14 2011 1D� BOARD OF APPEALS STEVE LEVY XPARTMENT SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES,A.I:C.P OF PLANNING DIRECTOR OF PLANNING1 January 11, 2011 \\ Town of Southold ZBA PO Box 1179 Southold,NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code,the following applications submitted to the Suffolk County Planning Commission are to be a, matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not-be construed as either an approval or disapproval. Applicants Municipal File Numbers Goggins, William C. and Donna M. #6444 Estate of Irene Rutkowski #6445 Price, Mary Ann #6447 Martocchia, Jerome and Sandra #6449 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 100 VETERANS MEMORIAL HIGHWAY (631)853-5191 HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 J RECEIVED JAN 0 6 2011 ZONING BOARD OF APPEALS BOARD OF APPEAL TOWN OF SOUTHOLD,NEW YORK Phone(631)765-1809 (631)765-9064 �(�� 1 I APPLICATION FOR SPECIAL EXCEPTION f ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Application No. Date Filed: TO THE ZONING BOARD OF APPEALS,SOUTHOLD,NEW YORK: Applicant(s), 1 GIot AV IDCC� &L of Parcel Location: House No.(0-719 Street 90J_4_ Hamletken D SCTM 1600 Section aPlIcOlock0003 Lot(s)®�_Lot Size Is Zone District 33 � hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with -the ZONING ORDINANCE, ARTICLE ,SECTION ,SUBSECTION for the following uses and purposes(project description): � -Tv ,fie v5e' J S 'Z Pop ak��i tom, as shown on the attached survey and/or site plan drawn to scale,and the attached floor plan(s)drawn to scale. I A. Statement of Ownership and Interest: ll y, (are)the owner(s)of property known and referred to as ID1 r RS Mt . 4 -6 &A em k9 V. (House No.,Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section (�3� ,Block (oo� � Lot ,and shown on the attached deed. The above-described property was acquired by the owner on EIV WZ�2A (�000o 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: C. In addition to meeting the standards prescribed by the zoning ordinance,the following requirements will be met: 1. The accessory apartment will be located in the accessory building. 2. The owner of the premises shall occupy either the existing single-family dwelling unit 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 or a resident who is currently on the Town of Southold Affordable Housing registry and is eligible for placement,evidenced by a written lease for a term of one or more years. 3. The accessory apartment shall contain not less than four hundred fifty(450)square feet of livable floor area. 4. The accessory apartment shall not exceed 750 sq.ft.of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. 5. A minimum of three off-street(on-site)parking spaces shall be provided as shown on the attached survey and/or site plan drawn to scale. 6. Not more than one(1)accessory apartment shall be permitted on this parcel. 7. No Bed and Breakfast facilities,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. 8. The accessory apartment will meet the requirements of an apartment as defined in Section 280-4 of the Zoning Code. 9. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. 10. The existing 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. 11. 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. 12. 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. D. The property which is the subject of this application is zoned Q`�-J and [A has not changed since the issuance of the Certificate of Occupancy attached. { i has changed or received additional building permits and Certificates of Occupancy for these changes,which are attached or will be furnished. [ ]has been subject of a prior ZBA decision(s),copies are attached. Owner i re COUNTY OF SUFFOLK) g�ECEi� ss.: STATE OF NEW YORK) Sworn to before me this o+R)day of`�6--1 ,2010 O� j30PAD (Notary Public) CONNIE D.BUNCH Notary Public,State of New York No.01 BU6185050 Qualified in Suffolk County Commission Expires April 14,2G�� APPLICANT/AGENT/REPRESENTATIVE 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: c1\ (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.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) 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 o ore 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 tine A)through D)and/or describe in the space provided. ..The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the Applicant is not a corporation); RECEIVED' C)an officer,director,partner,or employee of the applicant;or ���g D)the actual applicant. / JAN 6 2011 "DESCRIPTION OF RELATIONSHIP I BOARD OF APPEALS 1� Submitted day of 200_ Signature Print Nam Form TS I TOWN OF SOUTHOLD BUILDING DEPARTMENT Buildin office of the g Inspecto Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY Date: O8/17/04 No: Z- 30369 THIS CERTIFIES that the building DWELLING GggF,NPORT Location. of Property 67795 CR 48 (HAMLET) (HOUSE NO.) (STREET) County::Tax Map No_ 473889 Section: 033 Block 0003 Lot 017 Filed Map No. lot No. .Subdivision ' conforms substantially to the Requirements. for a ONE FAMILY' DWELLING built prior to APRIL 9; 1957 pursuant to winch �Tn�c�Ts OF OCCUPANCY NUMBER Z- 30369 dated AIIGUST 17, `2004 the ap f Plicable was .issued, and. conforms to all of the requirements o :provisions of the law. The occupancy for :which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE' & 2 ACCESSORY WOOD FRAME BUILDINGS* Tlie .certificate is issued-to EDGAR U BURT (OWNER) of theaforesaid building: SUFFOLK -OUNTY'`DEPARTMSLIT. OF NBjL APPROVAL N/A N_ /A SI,BCTB.ICAI, CSRTT�CATS NQ N/A . . -PLUMBER S CERTIFICATIOR DAZE PLTsASE SE}3 ATTACHED IN ON PART. SPECTI RE A t rized Si tore RECEIV E Rev, AN 011 ;BOAR® OF APPEALS • r— BUILDING DEPARTMENT " 5 y TOWN OF SOUTROLD _ HOUSING CODE INSPECTION REPORT yid GREENPORT ypCION: 67795 CR 48 SUBDIVISION: MM OF OUTER (S);. EDGAR V BURT OCCUPANCY: SINGLE FAMILY DWELLING EDGAR.V BURT ADN[ITl� BY: JOHN NICKLES ACC WANIBD SY SAME t' RSY Ate= SUFF. CO. TAX MSP SO c 33 .3 17 DATE 08 17 04 ' SOURCE:OF:R$ - WILL " PRICE ATTY 7I8/04 --L—L—., DWELLING: r STOBISS' 20: _='SSITS.:.—4 3 TYPB O$ CONSTRUCTION: WOOD FRAME CELLAR._ 3 4 CBAnL SPACSz'1/4 - FOUMUMOH: BLOCK ,i ,ROOKS: 1ST FL$-: 5 2ND FLR 4 -" — r RD.PLR 3 0 r TaILSt ROOII:(S): 1.0 UTILITY EOOlI($) *CO TYPS VERED FRONT&SIDES-WOOD.DEM TYPE: PATIO."TYPH: i po= EFEREPLAM : DOlQCSTIC gpTf�TSR: TYPE TZATSR- - ZTIOHIN6 �-- `.TYPS SSAT IGUM A1R pTBBRR t.*ALSO COVERED&ENCLOSSD {tJNIiEATED)REAR PORCH AREA � r s = ; ACCESSORY STRUCTURES - -BUILDINGS WOOD FRAME STORAGE, TiPg COHST.-- 2 WOOD: FRAME BUILDINGS GAvA f ! GUEST, TYPB C�TST '•. 'aamz VfOIATIONS CHAPTER 45 N.Y. STATE UNIFORM FIRE ION BUILDING CODE'._ } DESCRIPTION ! ART SEC '`. I I I e t1 F 16�E�E% I E�.. 3 I ��CG I JAN 6 j2011 f BOkR® OF �PPEALS 4 3 A6l'9ifi� . .. .-_ • CONSULT YOUR LAWYER BEFOR, CNING THIS INSTRUMENT-THIS INSTRUMENT BE BE USED BY LAWYERS ONLY r THIS INDENTURE, made the 5 day of October,2006 BETWEEN ELIZABETH MAIN,residing at 579 Hill Street, Southampton NY 11968, Party of the first part, and JEROME MARTOCCHIA JR.and SANDRA MARTOCCHIA husband and wife, both residing at 77 Southfield Road, Baiting Hollow NY 11933, Party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN DOLLARS AND 00/100 *****($10.00)* — AND OTHER GOOD AND VALUABLE CONSIDERATION dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Town of Southold, at Greenport, County of Suffolk and State of New York, bounded and described as follows; BEGINNING at a point on the Northerly side of North Road, distant 478.00 feet, more or less, Westerly 10 0.0 from the comer formed by the intersection of the Northerly side of North Road and the Westerly side of McCann 0 0 L Sec. Lane; THENCE South 69 degrees 00 minutes 00 seconds West, along the Northerly side of North Road, 176.45 033.00 feet to land now or formerly of CK Development of NY Inc.; Blk. THENCE North 14 degrees 43 minutes 20 seconds West, along last mentioned land, 201.20 feet to land 03.00 now or formerly of Sal Caiola and Benny Caiola, Jr.; Lo-t THENCE North 69 degrees 05 minutes 00 seconds East, along last mentioned land, 164.88 feet to land 017.000 now or formerly of Beverly Hallock and Cornelia C. Keogh; THENCE South 18 degrees 00 minutes 40 seconds East, along last mentioned land, 200.00 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises described in Deed to the Grantor herein dated 8/19/2004 recorded 9/22/2004 at Liber 12344 cp 712. TOGETHER with all right, title and interest of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights.of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part convents 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 a=i101i 1 -�aj'r'Ji Section 13 of the Lien Law, covenants that the party of the first part will receive the consi-de.a oi-I fc, t �' .aieao"�.. P3 L'.111 mold the right to receive S1iCIl �S D� ` 3 L = fund to be applies for i rz IM -- . _ -- — - ' �,. nd � 1 _ paj!ment.of the c _ _..._: _ e- t- = ..._ The word'pfry sn i-pa- _ t _ - - IN WITNESS WHEREOFt� - - RECEIVE' IN PRESENCE OF --=' 2011 - — ELIZAB H MAIN P q . TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NtW YUKK s I A I t ' State of New York,County of SUFFOLK ss: State of New York,County of ss: On the 6th day of October in the year 2006 On the day of in the year before me,the undersigned personally appeared before me,the undersigned personally appeared ELIZABETH MAIN personalty known to me or proved to me on the basis of personally known to me or proved to me on the basis of Satisfactory evidence to be the individual whose Satisfactory evidence to be the individual(s)whose name is subscribed to the within instrument and name(s) is(are)subscribed to the within instrument and acknowledged to me that she executed the same in her acknowledged to me that helshe/they executed the same in capacity,and that by her signature on the instrument, his/her/their capacity(tes),and that by his/her/their signature(s) the individual or the person upon behalf of on the instrument,the individual(s)or the person upon behalf of which the individu a e instrument which the individual(s)acted,executed the instrument. (signature and offs of individual kin th4 acknowledgment) (signature and office of individual taking the acknowledgment) Notary Public STEPHEN P SPANBURGH Notary Public-State of New York No.01 SP4906864 Qualified in Suffolk County My Commission Expires Oct.5,2009 TO BE USED ONLY WHEN THE ACKNOWLEDGMENTS IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory,or Foreign Country)of On the day of in the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/herlthei capacity(ies), and that by his/her/their signature(s)on the instrument, the individual(s), or the person upon behalf of xvhicl the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersiar sd H the _ in (insert the City or other political subdivision) (and insert the State or Country or other place a_ �•-� (signature and office of individual taking acknowledgmed. BARGAIN AND SALE DEED SECTION WITH COVENANTS AGAINST GRANTOR'S ACTS BLOCK LOT COUNTY OR TOWN Suffolk/Southold Title No.641-S-03197 RECEIVED STREET ADDRESS ELIZABETH MAIN JEROME MARTOCCHIA,JR.;anr JAN 611 //Q SANDRA MARTOCCHII�,huslaand�wa€e ®AR® OF APPEAL, SAFE HARBOR T�TL��G�t�G`>' � ��,friY 91�7i fi529 Main Street = - - P9rtJeffersoo�N_�19Z77� (Reserve this space for recording office) -w� r R �4 tt\ y �•a. ram, .-. T '�r'�'... III . - _ '�� :� ��� _ _;�_ .:�... �` 1. P ` a � �.s. Y..s '�'✓T.. y �l/g��� _ i:' -�.y�9.�. � -_ ��.i�:c: _ ...�. _ _ �§� .� - s\ 4 i F' �- `. !'� .� - f-. -: ���" �_ �. l ��'' - A 1 TOWN OF SOUTHOLD PROPERTY RECORD CA VD OWNER STREET' O ��_� VILLAGE DIST. 5U8. LOT l� _ .Qf#t lei f f ' ' "FORMER OWNER ACR.r'1' 6. -t S W TYPE OF BUILDING ,d, SEAS. VL. FARM COMM. CB, MISC. Mkt. Value -LAND IMP. TOTAL DATE REMARKS t,' 1 174 / j _ Dad as 1 a 1 i r o — �3` 60 a f �, d �b-L 17,V& it g"f1 . €] j v LDlNG CON N_av NORA AAL 13ELO ABOVE I✓k Acre 1 Value Per Value Acre �. t Tillable ] = Tillable 2 r Tillable 3 Woodland FRONTAGE ON WATER +' ' Swampland r t Gci t- yot C k' f3 �c:�a� waI o — FRONTAGE ON ROAD J r l� tw 7.11 _ 14 Y. House Plot DEPTH � ►; BULKHEAD Total r t DOCK COLUK !i!i■■�l■iil ■■i■!i■!liiii�il! ■■■��i1iiEIsom■MEN!■■SEEM■t■■■yr = ::• ° :: ' iE,i■■u i■ii■1iliilil■iiii■■■ ' ii■■i!■�!■i■MEN■!■■■■!i■Ron �!■il�i!!i■t14■!■ii■■■moms �■ _ itiso ii �tixili—! ` -� ■n■■■ ]mom!SEEMS i■!■ONO ■isi nn■/71 MEN IN MOORE 0 1�1il1.ili■■■fnin■■ No ME . . . . _ ■!ii■■■L�1!■itli■!ii■■■■iilii■ Foundation B ement .. s_ Ma .. lRecrection • • '.• • .. s lDrlveway 1� 6 A o��pF SOUr�ol ELIZABETH A.NEVILLE,RMC, CMC O Town Hall, 53095 Main Road TOWN CLERK l l P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER • aOQ Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER l Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER rouIV m southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 13, 2011 RE: Zoning Appeal No. 6449 Transmitted herewith is Zoning Appeals No. 6449 of Jerome& Sandra Martocchia-the Application to the Southold Town Zoning Board of Appeals for Special Exception Accessory Apartment in an Accessory Building. Also enclosed are the Applicant's Transactional Disclosure Form, Copy of Jerome A Martocchia Jr. Drivers License, Copy of Pre Existing Certificate of Occupancy, Copy of Housing Code Inspection Report Dated August 17, 2004, Copy of Deed Between Elizabeth Main and Jerome& Sandra Martocchia Dated October 5, 2006, Copy of Survey Showing Property as it Exists Dated December 16, 2010 Prepared by Peconic Surveyors, Copy of Plans for Accessory Apartment Showing Elevations and Floor Plans Dated September 21, 2010 Prepared by Adam C Volosik,Architect. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/11/11 Receipt#: 96535 Transaction(s): Reference Subtotal 1 1 Application Fees 6449 $400.00 Check#: 1570 Total Paid: $400.00 Name: Martocchia, Jerome A 25 Middleton Rd Greenport, NY 11944 Clerk ID: CAROLH Internal ID:6449 16 March 2011 From: Jerome Martocchia I,Jerome A Martocchia, state that, Karissa Martocchia, is the dab hter of my brother Anthony Martocchia. She is my neise and intends to rent the assessor apartment located-at 67795 rte 48 Greenport, NY, 11944, when all required permits and approvals are complete. Signed, RECEIVED Jerom a Martocchia MAR 16 2011 BOARD OF APPEALS CAROL WHM LL NOTARY PUBLIC•STATE OF NEW VORK NO.O1WY6189695 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES06130120 LoZ (J' d-N 6-o u ,, ct , Aec k QOOA-x �G CEIVED EA VAR 15 2", ®P►R® OF APPEALS �0 VV '' RECEIVED MAR 15 201 Net Lease (o�� BOARD OF PP A EALS 1. Names This lease is made by Jerry and Sandy Martocchia(Landlord) and Karissa Martocchia (Tenant). 2. Premises Being Leased Landlord is leasing to Tenant, and Tenant is leasing from Landlord,the following premises: Assessory Apt. in Assessory Bld 67795 RTE 48 Greenport,New York 11944 3. Term of Lease This lease begins on May 1,2011 and ends on May 31,2012. 4. Rent Tenant will pay rent in advance on the first day of each month. Tenant's first rent payment will be on May 1, 2011. Tenant will pay rent of$1 per month for the entire term of the lease. Rent will remain the same for the entire term of the lease. 5. Option to Extend Lease Landlord grants Tenant the option to extend this lease for an additional year on the same terms. Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. To exercise this option, Tenant must give Landlord written notice on or before April 1, 2012. 6. Improvements by Landlord Tenant accepts the premises in "as is" condition. Landlord need not provide any repairs or improvements before the lease term begins. 7. Improvements by Tenant Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent,which will not be unreasonably withheld. At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any damage caused by attaching the items to or removing them from the Net Lease—Page 1 of 5 premises. 8. Tenant's Use of Premises Tenant will use the premises for the following business purposes: Use as appartment Tenant will also use the premises for purposes reasonably related to the main use. 9. Landlord's Representations Landlord represents that: A. At the beginning of the lease term,the premises will be properly zoned for Tenant's stated use and will be in compliance with all applicable laws and regulations. B. The premises have not been used for the storage or disposal of any toxic or hazardous substance and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substance from the property. 10. Utilities and Services Tenant will pay for all utilities and services,including water, electricity and gas. This includes the electricity or gas needed for heating and air conditioning. 11. Maintenance and Repairs A. Tenant will maintain and make all necessary repairs to: (1)the roof, structural components, exterior walls and interior walls of the premises, and(2)the plumbing, electrical,heating, ventilating and air-conditioning systems. B. Tenant will clean and maintain(including snow removal) the parking areas,yards and exterior of the premises so that the premises will be kept in a safe and attractive condition. 12.Insurance A. Tenant will carry fire and extended coverage insurance on the building in the amount of at least$0;this insurance will include Landlord as an additional insured party. B. Tenant will carry public liability insurance, which will include Landlord as an additional insured. The public liability coverage for personal injury will be in at least the following amounts: •$0 per occurrence, and Net Lease—Page 2 of 5 •$0 in any one year. I C. Landlord and Tenant release each other from any liability to the other for any property loss,properly damage or personal injury to the extent covered by insurance carried by the party suffering the loss, damage or injury. D. Tenant will give Landlord a certificate of insurance covering all insurance policies that this lease requires Tenant to obtain. 13. Taxes A. Tenant will pay all real property taxes levied but not assessed against the premises during the term of this lease. B. Tenant will pay all personal property taxes levied and assessed against Tenant's personal property. 14. Subletting and Assignment Tenant will not assign this lease or sublet any part of the premises without the written consent of Landlord. Landlord will not unreasonably withhold such consent. 15. Damage to Premises A. If the premises are damaged through fire or other cause not the fault of Tenant, Tenant will owe no rent for any period during which Tenant is substantially deprived of the use of the premises. B. If Tenant is substantially deprived of the use of the premises for more than 90 days because of such damage,Tenant may terminate this lease by delivering written notice of termination to Landlord. 16.Notice of Default Before starting a legal action to recover possession of the premises based on Tenant's default,Landlord will notify Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given or mailed to Tenant. 17. Quiet Enjoyment As long as Tenant is not in default under the terms of this lease, Tenant will have the right to occupy the premises peacefully and without interference. 18.Eminent Domain This lease will become void if any part of the leased premises or the building in which the leased premises are located are taken by eminent domain. Tenant has the right to receive Net Lease—Page 3 of 5 . and keep any amount of money that the agency taking the premises by eminent domain (pC� Il pays for the value of Tenant's lease, Tenant's loss of business and for moving and relocation expenses. 19. Holding Over If Tenant remains in possession after this lease ends,the continuing tenancy will be from month to month. 20. Disputes If a dispute arises, either party may take the matter to court. 21.Additional Agreements This lease is subject to the approval of the ZBA and building apartment issuance of proper permits. With out said permits this agreement in nul and void. 22. Entire Agreement This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 23. Successors and Assignees This lease binds and benefits the heirs, successors and assignees of the parties. 24.Notices All notices must be in writing. A notice may be delivered to a parry at the address that follows a parry's signature or to a new address that a party designates in writing. A notice may be delivered: • in person • by certified mail, or • by overnight courier. 25. Governing Law This lease will be governed by and construed in accordance with the laws of the state of New York. 26. Counterparts This lease may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties. 27. Modification This lease may be modified only by a written agreement signed by the parties. Net Lease—Page 4 of 5 28.Waiver If one party waives any term or provision of this lease at any time,that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either parry fails to exercise or delays exercising any of its rights or remedies under this lease,that party retains the right to enforce that term or provision at a later time. 29. Severability If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable. LANDLORD Dated: By: Jerry an Sandy artocchia 67795 rt 8 Greenport,New York 11944 TENANT Dated: M QYC1Y1 By: Karissa Martocchia 67795 Rte 48 Greenport,New York 11944 Net Lease—Page 5 of 5 rEIVED - MARS-nl BOARD OF APPEALS _r-G1J)62 -1d - 49 y I l� �TANJ�A PALMORE NOTARY P1Y8�1C-STATE OF EW=Y_O_R.K No. 01 PA6214745 Qualified In Suffolk County My COMMISSIon Expires December 21,.20.13 BOARD MEMBERS ��OF SGUr�o Southold Town Hall Leslie Kanes Weisman, Chairperson ti0 l0 53095 Main Road-P.O. Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Ken Schneider IyCQ��(,� 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, MARCH 3, 2011 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 3, 2011: 10:60AM JEROME and SANDRA MARTOCCHIA, JR. #6449 - Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 67795 CR 48 Greenport, NY. SCTM#1000-33-3-17. 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: Vic ki.Toth(a�Town.South old.ny.us . Dated: February 7, 2011 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 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: b.9p://southtown.northfork.net February 4, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, March 3, 2011 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 Times Review newspaper. 1) Before February 14th 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 21st: 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 23rd: 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 March 1, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. NOTICE OF HEARING Thefollowing application will be. heard by the, Southold Town Board of Appeals at Town Hall, 53095 Main Road,, Southold: . NAME MART_OCCH .1A,' JR. , J . & S . #6449 MAP # 33=3= 17. VARIANCE SPECIAL EXCEPTION REQUEST - Accy. Apartment in Ac' c-y. * Bldg..' MAR. 31 , 2011 10 : 50 AMDATE : THURS , If you are interested in this project, you may review the files) prior to . , the hearing during normal business days' between. 8 AM and 3 PM . CONING BOARD -TOWN OF-.. SOUTHOLD 765 1809 lx° 10138 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), successively, .commencing on the 17th day of February, 2011. Principal Clerk Sworn to before me this .-_. - /day of Ci��~-� 2011. Building Inspector's December 9,2010 j 4 Notice of Disapproval based on an ap- �` plication for building permit to construc- " L IT S 1 INA V S i RK tion an accessory garage 1)proposed ga- s 3TA[�' P1lgl,IC S7R7E OF NEW y0 rage location is other than the code re- Np. Oi 406105050 quired rear yard;at:2404 Camp Mineola Rd. Ext., Mattituck, NY. SCIM#1000- gllfleCi 4fi St3ff011G County 122-9-7.20. „t;1rc,mtssforxl7itsJb leiaru�rY 28,201m 10:50 a.m.-JEROME and SANDRA MARTOCCHIA,JR.#6449-Applicant Adjourned from Public Hearing Feb- requests a Special Exception under Ar- ruary 3,2011: ticle III,Section 280-13B(13).The Ap- 2:00 p.m. — MARY ANN PRICE LEGAL NOTICE plicant is the owner requesting authori- #6447 SOUTHOLD TOWN ZONING zation to establish an Accessory Apart- The Board of Appeals will hear all BOARD OF APPEALS ment in an accessory structure at;67795 persons or their representatives,desir- THURSDAY MARCH 3,2011 CR 48 Greenport,NY.SCTM#1000-33- ing to be heard at each hearing,and/or PUBLIC HEARINGS 3-17- desiring to submit written statements NOTICE IS HEREBY GIVEN,pur- 11:15 a.m.- GEORGE and RUBY before the conclusion of each hearing. suant to Section 267 of theTown Law and GAFFGA #6438 - Request for Vari- Each hearing will not start earlier than Town Code.Chapter 280(Zoning),Town ance from Code Sections 280-13(A)(1) designated above.Files are available for of Southold,the following public hear- and 280-18 and the Building Inspector's review during regular business hours ings will be held by the SOUTHOLD October 26,2010 Notice of Disapproval and prior to the day.of the hearing.If TOWN ZONING BOARD OF AP- based on an application for building you have questions,please contact our PEALS at the Town Hall,53095 Main permit to demolition and construct a office at (631) 7654809,or by e-mail: Road, P.O. Box 1179, Southold, New new second single family dwelling at;1) Vicki Toth@Town Southold.nv.us. York 11971-0959, on THURSDAY more than the code required one fam- Dated:February 7,2011 MARCH 3,2011: ily detached dwelling,2) less'than the ZONING BOARD OF APPEALS 10:00 a.m: PIERCE RAFFERTY code required rear yard setback of�0 LESLIE KANES WEISMAN,CHAIR- #6451-Request for Variance from Ar- feet,at:175 Laurel Ave.,Southold,NY. PERSON ticle XXIII Code Section 280-124 and SCtM#1000-56-2-8.1. BY.Vicki Toth the Building Inspector's January 7,2011. IL-45 a.m.-DAVID J.VERITY#6452 54375 Main Road(Office Location) Notice of Disapproval based,on an ap- —Request for Variance under Article lI 53095 Main Road(Mad-91USPS) plication for building.permit to construct Section 280-9 and the Building Inspec- P.O.Bag U79 an addition to a single family dwelling at tor.'s November 17,2010 updated Jams- Southold,NY 11971-0959 1)rear yard setback of less than the code ary 19,2011 Notice of Disapproval.based 10.138-�) required 35 feet,2)lot coverage.of less on an application for Lot Recognition, than the code required 20%,at;Avenue which states the identical lot was created B Fishers Island,NY SCTM#1000-6-2- by deed recorded in the Suffolk"County 17.5. Clerk's Office on or before June 30,1983 10:15 aim.—JOYCE BARRY#6453 and the lot conformed to the.minimum -Applicant request a Special Exception lot size set forth in.Bulk Schedule AA under.Section 280-13B(14).The Appli- as'of date of lot .creation Proposed cant is the owner requesting authoriia- lot is less than the code required size tion to establish an Accessory Bed and and said'deed was recorded after the Breakfast,accessory and incidental.to code required date at; 865 Nokomis the residential occupancy in this single- Rd. (Hiawatha's Path), Southold, NY family dwelling,with three(3)bedrooms SCTM#1000-78-3-26. for lodging and serving of breakfast to Carryover Hearings,continued from the B&B casual,transient roomers.Lo- prior meetings and pending additional cation of Property:1855 Depot Lane Cu- information: tchogue,NY.SCTM#1000-102-1-9.1. Adjourned from Public Hearing Jan- 1030 a.m.-STERLING HARBOR, uary 6,2011: INC.#6448-Request for Variance from 1:00 p.m.—TK ALPHA,LLC.#6437 Code Article III Section 280-15 and the 130 p.m.—BENALI,LLC#6422 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS jeA,,0, �+.A (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York,being duly sworn, deposes and says that: On the t6 day of , 20 1 1 personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, 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 a is across a public or private street, or vehicular right-of-way of record, surrounding th applicant's property. (Signature) Sworn to before me this CAROL HYDELL NOTARY PUBLIC-STATE OF NEW VOW (Notary b c) NO.01HY6189695 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 06/30/201 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. ■ ■ . , r1 . ■ �.n --r °- cr• B T Bid 1 7�7 A a °�r-q Postage $ 0.$$ r, I�' Postage $ �A.88 0944 �4G Ric �'••U Certified Fee F Certified Fee + fY7t.$Q �9 I m �.80 Q4 0 0� sr M Return Receipt Fee ;&ostma F O C7 Return Receipt Fee �( � (Endorsement Required) c.30 fl p (Endorsement Required) $2.30 Hjra /VA C] / re 0 C] I I gu O Restricted Delivery Fee 1p 2 Restricted Delivery Fee F g Q (Endorsement Required) 0.Q0 c� y (Endorsement Required) $0.00 F� �- r- �A j [�- /� �O Z i � Total Postage&Fees $5.98 a r cO Total Postage&Fees $ $5.98 181t011 �a�f Sent To f ivf t0�1 Sent To O / ? /? e t CPS - v tl ajC�flt� A 1 3` e1 A t No:;..--------------- Irei r - y s S M1 - - - -=-= - ---- 0 Street, pt.No.; _ or PO Box No. or_PO Box No. /� M1 - -----I�-.. �dl�--- L `�\° `,.' I Cth Stale,7%Ai4 �. C,ty,State,ZlP+4 -- 61 :rr rr. •r ,,. • . .•. CO A ra ° Ln ,• ■ ru � __j , Er tv Postage $ 0.88 0944 F k1coat Certified Fee' m� G REF I r-� Pestesa $ $0.88 M Q.80 0944 Return Receipt Fee �ostmar w M Certified Fee 0 (Endorsement Required) $t.30 Oere $�.80 0 G RFF ccrr A Restricted Delivery Fee fl O Return Receipt Fee (Endorsement Required) $0.00 I& z 1 Ej (Endorsement Required) Pzm' 9 �A ot.30 Q o 171- �pf cp< I Restricted Delivery Fee CO Total Postage&Fees $ $5.98 „M p�L011 CI (Endorsement Required) 0°04 /'� � Er Sent To S : ,: i Total Postage O eD g & _ 5 r��1Ol e � � b`freet,Apt INo;____'-_"' h'' `"` � �. Sent To Fe -- .98 0-, - - M1, or PO Box No. ' O �� �d_� _ O S4reer"� t --------------- City,State,Z/P+ """" Pt N0.�" °' 1 P- or PO Box No. ••---• .Y ✓� x •, _- •- CIN State, I 's ---------------- CO e. • Er Fs ° Q., IPd MLF�Nj 105 1A L . I� O\Er Postage $ $0.88 944 G RF I � Certified Fee iL.80 �9 �A 1\ m 04'iF/\U Q o Return Receipt Fee t "PPstmark� I C3 (Endorsement Required) $2.30 ' (pre Restricted Delivery Fee r'p oo C3 (Endorsement Required) $0.00 'P �j 43 Total Postage&Fees C] Sent o 2 E3 e M13`freet,Apt IVo.1 or PO Box No. -----Sat -- `� `b - 11 ---`-'T -----(---- ---- Ctf3:State,Z 4 ---------n - �-------- - �pl /V1 V TOWN OF SOUTHOLD ZONING BOARD OF APPEALS (p� 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- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ��Ru,/� /Wt� ���,�+, residing at 60-7 7 9S �, �f�e'lpi'Y New York, being duly sworn, depose and say that: On the day of Ftl.� , 2011 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way (driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing dat as shown to be (Signature) Sworn to before me this 6bay of ,FA- , 2011 CAROL HYDELL NOTARY PUBLIC-STATE OF NEW YORK (Notary Publ' ) NO.01HY6189695 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 06130126 1� * near the entrance or driveway entrance of my property, as the area most visible to passerby. Fm:MyFax-Bluewater Irrigation and Lawn Care To:ZBA:Attn Vickie(16317659064) 16:34 04126111GMT-05 Pg 01-01 To Whom It May Concern: We have no problem extending a ZBA decision on our application until after August 15,2011. Sincerely, ��q Jerome and Sandra Martocchia RECEIVED 67795 Route 48 APR 2 7 2011 Greenport, NY 11944 BOARD OF APPEALS BOARD MEMBERS _ O��fit so Southold Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Homing p a�� 54375 Main Road(at Youngs Avenue) Ken Schneider COMM Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 January 7, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099. Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6449 Owner/Applicant: Martocchia Action Requested: Special Exception —Accessory Apartment in Accessory Building Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Bye- Encls. BOARD MEMBERS Southold Town Hall �F so�j 53095 Main Road -P.O.Box 1179 Leslie Kanes Weisman,Chairperson hO�� yO�O Southold,NY l 1971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer Town Annex/First Floor,Capital One Bank George Horning �� Aa�� 54375 Main Road(at Youngs Avenue) Ken Schneider Mum Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 June 17, 2011 Jerome and Sandra Martocchia 67795 Route 48 Greenport,NY 11944 Re: Special Exception#6449 Dear Mr. &Mrs. Martocchia: Transmitted for your records is a copy of the Board's June 15, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerely, Vicki Toth Encl. Cc: Building 6q-q7 i AC 33 3 /, �OV\ FOR PCL.NO, �+j✓� ( ��""" y SEE SEC.N0. 3 _ 3 / _ pr. 3 035_01_024 v 'T TOWN OF _� , Q� S„ �p SpG iy 1% SOUTHOLD V ! 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ALL PROPERTIES NOTICE 0® COUNTY y OF SUFFOLK © K SOUND TOWN OF SOUTHOLD SECTION (THIN THE FOLLONING DISTRICTS. yt� Real Property IS to SEWER WWD MAINTENANCE,ALTERATION,SALE OR �4� �{ r r y Tax Service Agency Y ISLAND o77 0 YdLAGE OF 71 HYDRANT - ea1 Q e I aW WATER DISTRIBUTION OF ANY PORTION OF THE County Center Riverhead,N Y 11901 o7c 033 0 SLFFOLK COUNTY TAX MAP 6 PROHIOITED M LONG REcus[ SCALE IN FEET .» -�siE� r.WITNOUT YR TTEN PERMSSION '� A 0 0 HO 7 NO Y . _ c .p. .. P„130PERTY .. .._+_- -„- _aka,. -:._w•. ,_ "r'ZF,13'''.:-'o-.l'Y�°.A4''+'_s �" r;-�•-� ? su,'[t >b ,Y3- �,' 'ry �c' .r°a s y -- A�,I. ; 'r N 72V 800 4 9y 9� w ¢ S�•25 11 Lcv ,rx 10P