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(49/A'cgy&X t'/cci✓ S'7 ,/-1A/A,4-,1A1/4_ skilat \--See 171/041) n�19�i l�ec4-A"/- 3AB/0/ ./Sj 7140.c/ - A'fOn/T 94 470v .4 crC /LP 10310 3 IA (� ,ti ,,,,iii,."��, APPEALS BOARD MEMBERS �,�el°,OfFUL,tco • �� �O G •• - Southold Town Hall Lydia A. Tortora, Chairwoman ;�o 53095 Main Road Gerard P. Goehringer ; ti Z ; P.O. Box 1179 George Horning O .je$ Southold,New York 11971-0959 Ruth D. Oliva =y;JJ� a0���is ZBA Fax(631)765-9064 Vincent Orlando = 1 �;►�'0 Telephone(631)765-1809 •" """"... http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 23, 2003 Appl. No. 5244— EILEEN GALLAGHER Street& Locality: 1575 Minnehaha Boulevard, Southold 1000-87-3-51 Date of Public Hearing: January 16, 2003. 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 an adverse effect on the environment if the project is implemented as planned. The Zoning Board of Appeals held a public hearing on this application on January 16, 2003, 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 is requesting a Special Exception pursuant to Article III, Section 100-31B, sub-section 13 of the Zoning Code, to establish an Accessory Apartment within the existing principal building, the applicant's dwelling. The existing single-family dwelling has a Certificate of Occupancy of record noted as #Z-22267 dated 4-16- 93 for preexisting construction prior to April 9, 1957. PROPERTY FACTS/DESCRIPTION: This property is 14,682 sq. ft. in area with 100.95 ft. frontage along Minnehaha Boulevard, and lot depth of 150 ft. along the south property line. The property is improved with a one-story, single-family dwelling, owned and occupied by the applicant, Eileen Gallagher as her residence. New construction is under way for additions and a second-floor alterations, and three-car garage, referenced in the Building Permit issued November 1, 2001 under#27859-z. The December 19, 2001 survey shows the dwelling at 39.5 feet from the front property line, 13 feet from the north side line, 17 5 feet from the south line FINDINGS OF FACT In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 100-31B(13) to establish an Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment is proposed with a livable area of 726 sq ft. in the principal building, over the garage. The Apartment unit will not exceed 40% of the existing dwelling livable floor area. 2. Eileen Gallagher, the applicant herein, is shown as the owner in a Deed dated 11/12/99 at Liber 12012 page 535. Ms. Gallagher will continue to occupy the dwelling as her principal IF Page 2—January 23, 2003 SE#5244—Eileen Gallagher Accessory Apartment/1000-87-3-51 residence. 3. The applicant's 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 garage and existing driveway areas. 4. The applicant complies with the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. The existing livable first floor is 1225 sq. ft., and 1982 sq. ft. on the second floor(garage and decks not included). The apartment will be 725 sq. ft. 5. The plans indicate that exterior entry to the Accessory Apartment of the existing one-family dwelling will retain the existing appearance of a one-family dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony, documentation, and other evidence, the Zoning Board determined the following Findings of Fact 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 and adjacent residential uses. 2) The Special Exception use is accessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 5) This zoning use is authorized by the Zoning Code through the Board of Appeals, as noted herein, and a Certificate for Occupancy from the Building Inspector is a code requirement before an Accessory Apartment may be occupied. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. 7) A Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Ch. 100 of Zoning for an Accessory Apartment use. RESOLUTION: On motion by Member Goehringer, seconded by Member Orlando, it was cPage 2 of 3 Page 3—January 23, 2003 SE*5244—Eileen Gallagher ' Accessory Apartment/1000-87-3-51 RESOLVED, to GRANT the Special Exception application for a one-bedroom Accessory Apartment, to be used only in conjunction with applicant-owner's residence, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The owner shall occupy the dwelling as her principal residence. 2. There shall be no packing out of vehicles onto Minnehaha Boulevard. 3. There shall be a flexible chain ladder properly installed for the upper livable floor area. 4. A Certificate of Occupancy or written compliance document shall be obtained from the Building Department before occupancy of the Accessory Apartment. VOTE OF THE BOARD: Ayes: Members Tortora (Chairwoman), Goehringer, Tortora, and Orlando. (Member Homing of Fishers Island was absent.) This Resolution was duly ADOPTED (4-0). DIA A. TO TORA, CHAIRWOMAN 2j/ 93 FEB t 3 cPage3of3 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted below(or as soon thereafter as possible); 11:05 a.m. Appl No. 5244 - Eileen Gallagher. This is a request for a Special Exception under Section 100-31B(13) to establish a proposed Accessory Apartment in conjunction with the owner's residence, at 1575 Minnehaha Blvd., Southold; Parcel 1000-87-3-51. 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 Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) sa VO • TOWN OF SOUTHOLD, NEW YORK �c / 3 ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , gi/pe (, /j4-, - of /57s- m „vm2 Li,g Li4 )31 .,1) House No. and Street .Ss(Aal`s (Hamlet, Ste, Zip Code) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION , SUBSECTION for the below-described property for the following uses and purposes: te.2-e—daeml_ (ill. A_310.0 5- - 31S-b as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. -XXL Ce i95-/62— (./ - el Ie.2-04 614/ Ad- is (are) the owner(s) of property known and referred to as j5- -is. /n,iv,e 44_44 /''9 Sv 1,v/9 A4v //I-7J (House No. , Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section $7 , Block 3 , Lot which (is not) on a subdivision map (Filed • "Map of W " Filed Map No.. ) . The above-described property was acquired by the owner on 1/q3 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to propert 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 only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which'will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen-hundred (1 ,600) sq. ft. of livable floor area. (continued on page two) Application for Special Exception Page Two (continued) • C. 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 7. Not more than one (1 ) accessory apartment will be on this parcel . 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. 11 . I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner' s principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1 ) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. 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 , 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. 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 R ctO and [1/1 has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. COUNTY OF SUFFOLK) -(.2-� .= / / , STATE OF NEW YORK) ss. . (Signature) Sworn to before me this (5Z=2-day of , a o )/i/t... tijijtjfirfr:_, (No , i blic) JOYCE M.WIUQNS Notary Public,State of New York No.4952246,Suffolk County ZB5 2/6/86 Term Expires June 12,02003 ____ . ... ...—,--- r , e ,......," -- - .. , .. / TOWN OF SOUTHOLD PIIOPERTY RECORD CARD OWNER if -124A0.0cir 6 / i . STREET, /575 viL/-)L AGE DISTRICT SUB. LOT / ln 6I4 \f- 6'i •-/haed- 1/ -r- FORNIR OWNER "---1 162-0- e-w-th-0 N - , ....... E ACREAGE , 4Fz *5?-e , . • i /tf. CI:C.44_ .—.0331 ' ... „/ )41 . ...........e TYP OF BUILDING //c) e _ ..., .... xtph On (/(7f "la ° (1-01-41S-r Latta! ) .' (941 ° / 1 -41*- W ( - t / -' ES. 02,1 6 SEAS. VL. FA•M COMM. IND. 1 CB. MISC. Est. Mkt. Value I . 1ND IMP. TOTAL DATE REMARKS - . .2 .. ..e.z. I : , • _.„2 ? TOO , 3 1 6 zi7 .0‘) ir r7;Z---A--•-f C--d_.it 4,•! . ef-2-,,-.4-, t7-el 6.-r-' .1,:-{ -•._.., k i if;:\i 7":77(-- / 3 eo , f_ // 6 0 4/ 3 &-t) 9 q0-1) )/ ///0/ ) --7/L,/of r- L I/3/2f94 - La 6 ym :e ,,.. a v. ' INV 1 10 9/- Lit O5 , i49- - ,r, 40 '1'16'14C ' .0_:e #01/111MXIMMT - /../0 d AGE BUILDING CONDITION Z.0 1--- / )- c) C.) • NEW NORMAL BELOW ABOVE FRONTAGE ON WATER i Farm Acre Value Per Acre Value FRONTAGE ON ROAD i . • , , - i e 1 BULKHEAD illable 2 DOCK illable 3 0 03-L , 7' 03— . . o ia #i b 0 .. -ite - sel _i• , 7, 1 Joodland 7/ TV±3 -- /L -i ', ,'( A wampland 1111,2(qq -Liao'c053t--- 04s-frol erof 40 Cashol- N/c rust-Nand • 00 - I vo ie e_ de 0-- - ...... .... .. -- louse Plot -.., otal ,. - _ ----7-0,-,.— — -- - _ .... - ..............."•• .........mmm , — • V, \ \ •%. -,. - I. .,f,• •, 1 ob=s,,,,,, • • *i•o•4• . I ,:l• ,.;41:11vr.,,,,..1 , 1 1 ..**, 114 11 2-•'`( r 1 I,. - ' 1 ..,-*,,'•,, L_ , wr 4. i I IT' 1 L--.11 -; ; - ------ . a 1H 7I ... k4 1,-k, k i7 , 1 /rti...1.6L3 • , A. Bldg. ...,.___q X ;..., ,‘ I Foundation c a Bath / ,, 1 1 11 xtension 1 /1.2.„ )(/ .z_ ,.. /6 Basement ?4 --r Floors ( /.5f /- ) ion (-- 2.... - .g 4I ..5-6 Ext. Walls ty..,/ InteriorFinish tli /` -;- _ ? xtension 9 r/ 17:. t_S—C / ,..c Fire Place - Heat .,?' • t, Porch, ,tr}LAA.Th, Roof Type • i ( 1--I X 1 -1/ A rig -I— - -- — I I Porc t ck.,0-0.4-t.i../1 3 ‘• Ki`i-- Rooms 1st Floor reezeway • Patio Rooms 2nd Floor ---I larage I) 2..,a'if / "'--- Driveway Dormer f— , ). B. 3 7.261111=11.11.= , SURVEY OF DESCRIBED PROPERTY N/F GIFFORD SITUATE LAUGHING WATERS 2—RAIL ENCE N 87'38'40"E 148.77' SOUTHOLD, TOWN OF SOUTHOLD CM FD u-, SUFFOLK COUNTY, N.Y. CM ►_- z ASPHALT ► ; SURVEYED FOR: EILEEN GALLAGHER DRIVEWAY co GUARANTEED TO: ZO O p EILEEN GALLAGHER U' r6. Z FD 111111111111111Np CM SLATE N FD TM# 1000-087-03-51 Z. PATIO CM 1 '1 ► N > rn STRUCTURE TO P'L• > M. 24.0' 25.1' 48.8 '1 D 26.2' 4.0' r^ 34.0' ► N/F PALASCIANO 38 • m 0 3—CAR HOUSE UNDER GARAGE CONSTRUCTION 2nd LEVEL TO P.L. C N r o u.C. 9.0' ► Q. 0 D 3.5' v 29.3' SURVEYED: 19 DECEMBER 2001 0 5.9' 1.3' ► 0 21.8' 0 SCALE 1'= 20' CONC. 22.1' I o AREA = 14,682 S.F. OR 0o FD in .337 ACRES 06 FD GUARANTEES INDICATED HERE ON SHALL RUN(3� CM ' CM IS ,, ,,,,PERSO' SURVEY S 87'26'00'W 150.00' SURVEYED BY 111E COMPANY. GOVERNMENTAL AGENCY. LENDING lNS7lf7.1770N, IF USTED HEREON, AND STANLEY J. ISAKSEN, JR. TD THES ES T THE LENDING INSTITUTION. WABUN STREET 20' GUARANTEES ARE NOT TRANSFERABLE To ASPHALT P.O. BOX 294 ADDInoNAL lNS777UnoNS OR SUBSEQUENT(INNERS NEW SUFFOLK. N.Y. 119 631-73 -5835 ' UNAUTHORIZED ALTERATION 01?ADDITION 70 THIS //�� SURVEY EY IS ISA 10101A770N OF SECTION 7209 OF ,_ THE NEW YORK STATE EDUCATION LAW. / / COPIES OF THIS.SURVEY MAP NOT BEARING IL THE LAND SURVEYORS EMBOSSED SEAL SHALL — NOIT BE CONSIDERED 70 BE A VALID TRUE y. NYS NLi..�/•No.ND 49SU; R e 01C1095 February 13, 2003 Ms. Eileen Gallagher 1575 Minnehaha Boulevard Southold, NY 11971 Re: Appl. No. 5244 — Special Exception (Accessory Apartment) Dear Ms. Gallagher: Enclosed please find a copy of the Board's determination regarding your request for a Special Exception. Please be sure to follow-up with the Building Department for the next step in the zoning review and application process. Before commencing construction activities, a building permit or certificate of compliance may be necessary. An extra copy of this determination should be made available (if requested) at the Building Department when submitting final drawings and any other required documentation. This will assist their office during final reviews. Thank you. Very truly yours, Linda Kowalski Enclosure Extra Copy on 2/13/03 delivered to: Building Department ',/,,,iii. ELIZABETH A. NEVILLE Ott s.= G'y ; Town Hall, 53095 Main Road t TOWN CLERK o -4 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS w i Southold, New York 11971 MARRIAGE OFFICER :O•j• .1.1 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �__-'/ellik .00... Fax (631) 765-1800 FREEDOM OF INFORMATION OFFICER •rrrrr southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 23, 2002 RE: Zoning Appeal No. 5244 Transmitted herewith is Zoning Appeals No. 5244—Eileen Gallagher- Zoning Board of Appeals application for special exception. Also included is board of appeals decision, building permit, applicant transactional disclosure form, questionnaire, pre co, survey, and plans. NY005-Bargain and Sale Deed wi_____'enant against Grantor's Acts Individual or Corporation, _le Shea)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY �o CPr-s" �- '_04S 1 n e.1( THIS INDENTURE,made the ) day of November , in the year 1999 BETWEEN JOSEPH CASTRO and EILEEN CASTRO a/k/a EILEEN GALLAGHER-CASTRO, residing at 687 Kensington Drive, Westbury, New York 11590 party of the first part; and EILEEN CASTRO a/k/a EILEEN GALLAGHER-CASTRO, residing at 687 Kensington Drive, Westbury, New York 11590 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being ixlhe at Laughing Water, near Southhold, Town of Southhold, County of Suffolk and State of New York,bounded and described as follows : BEGINNING at a monument at the corner formed by the intersection of the easterly side of Minnehaha Boulevard with the northerly side of. Wabun Street (a private road) ; Tax Map RUNNING THENCE North 10 degrees 34 minutes along the easterly side of Designation Minnehaha Boulevard, 100 . 95 feet to the land now or formerly of Gifford Dist. 1000 and a monument set in the southwest corner thereof; THENCE North 87 degrees 38 minutes 30 seconds East, along said land now or formerly of Gifford, 148 . 77 feet to the land now or formerly of Sec.087 . 00 Eichler and a monument set in the westerly line thereof; THENCE South 11 degrees 19 minutes East, along said land now or formerly of Eichler, 100. 50 feet to a monument set in the northerly side of ;3;1:.03 . 00 Wabun Street. (20 feet wide) ; THENCE South 87 degrees 26 minutes West along the northerly side of Wabun Street, 150 . 00 feet to the corner formed by the intersection first Loc(s)Il mentioned above, the point or place of BEGINNING. 051. 000 Being and intended to be the same premises conveyed to the grantors herin by deed dated July 16th, 1993 and recorded on July 26th, 1993 in Liber 11637 Page 703 . TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word "party" shall be construed as if it read "parties" 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: UX.) -A-14\ 1'.4 'JOSEPH STR E ' E 'O a kJa EILEEN GALLAGHER—CASTRO USE ACKNOWLEDGMENT FORM BELOW WITIL ;W YORK STATE ONLY: USE ACKNOWLEDGM 7ORM BELOW WITTILY NEW YORKSTATE ONLY: _ State of New York,County of Nassau }ss.: State of New York,County of } ss. L'ED On the " dday of November in the year 1999 On the day of in the year before me,the undersigned,personally appeared JOSEPH CAST'if before me,the undersigned,personally appeared nd EILEEN CASTRO a/k/a EILEEN GALLAGHEi—CASTRO 1 personally known to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the individual(s)whose name(s)is(are)subscribed to the ;1j within instrument and acknowledged to me that he/she/they executed the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the . in upon behalf of which the the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the• - individual(s)acted,executed the instrument zz 2 DIANE 1EI.I.A. C(� OTARY PUBLIC,;.;!Vs f New York NOTARY PUBLIC No.304827;is Qualified in Suffolk County Term Expires March 30, AQWOWLEDGMEJ T FORM FOR USE WI7HINNEW YORK STATE ONLY: AUQYOWLQ IFNTFORM1 FOR USE OUTSIDE NEW YORKSTATE ONLY (New York Subscribing Witness Acknowledgment Certificate) (Out of State or Foreign General Acknowledgment Certificate) State of New York,County of } ss.: } ss.: (Complete Venue with State,Country.Province or Municipality) On the day of in the year before me,the undersigned,personally appeared On the day of in the year , before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who,being by me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they (if the place of residence is in a city,include the street and street number,if executed the same in his/her/their capacity(ies),that by his/her/their any,thereof); that he/she/they know(s) signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and to be the individual described in and who executed the foregoing that such individual made such appearance before the undersigned instrument; that said subscribing witness was present and saw said in the execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS TITLE No. DISTRICT'0 0 0 SECTION 037 . 00 JOSEPH CASTRO and EILEEN CASTROBLOCK 03 . 00 a/k/a EILEEN GALLAGHER—CASTRO LOT 051. 000 TO COUNTY OR TOWN SUFFOLK EILEEN CASTRO a/k/a EILEEN GALLAGHER—CASTRO RECORDED AT REQUEST OF Fidelity National Title Insurance Company of New York RETURN BY MAIL TO FRAM PETERSON P.C.FIDELITY NATIONAL TITLE INSURANCE r 220 Old Country Road COMPANY OF NEW YORK Mineola, NY 11501 INCORPORATED 1928 'c Fidelity .4 wew1' Member New York State Land Title Association w U LL LL O r7 z 0 cc 0 U UJ CC LL O w U) CC O LL w U Q I I- w a- w U) ccw ILDING DEPARTMENT itrWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 1575 MINNEHAHA BLVD. SOUTHOLD, NEW YORK (number & street) (municipality SUBDIVISION MAP NO. LOT (s) NAME OF OWNER (s) JOHN LaGUARDIA & ANO. OCCUPANCY A-1 RES. OWNER (type) (owner-tenant) ADMITTED BY: KATE KUHLMANN ACCOMPANIED BY: SAME KEY AVAILABLE SUFF. CO. TAX MAP NO. 1000-87-3-51 SOURCE OF REQUEST: CATHERINE FISH PETERSEN & DATE: APRIL 12, 1993 JOHN LaGUARDIA DWELLING: TYPE OF CONSTRUCTION WOOD FRAME it STORIES ONE 4t EXITS 2 FOUNDATION CEMENT BLOCK CELLAR PARTIAL CRAWL SPACEPARTIAL TOTAL ROOMS: 1ST FLR. 5 2ND FLR. - - - 3RD FLR. - - - BATHROOM (s) ONE FULL TOILET ROOM (s) ONE UTILITY ROOM PORCH TYPE DECK, TYPE PATIO, TYPE STONE REAR YARD BREEZEWAY FIREPLACE NONE GARAGE ONE CAR ATTACHED DOMESTIC HOTWATER xx TYPE HEATER OIL AIRCONDITIONING - - TYPE HEAT OIL WARM AIR HOTWATER X% OTHER: OUTS1DE SHOWER IN REAR YARD. ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. STORAGE, TYPE CONST. SWIMMING POOL , GUEST, TYPE CONST. OTHER: B.B.Q. VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: INSPECTED BY: I r' ,lsli DATE ON INSPECTION. APRIL 16, 1993 G J. FISH TIME START 8:55 END 9: 10 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. .4. .t. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 27859 Z Date NOVEMBER 1, 2001 Permission is hereby granted to: EILEEN GALLAGHER 1575 MINNEHAHA BLVD SOUTHOLD,NY 11971 for . ADDITION & SECOND FLOOR ALTERATION WITH THREE CAR GARAGE THAT HAS UNFINISHED STORAGE ABOVE AS APPLIED FOR. WITH TOWN ZBA # 4941 APPROVAL. at premises located at 1575 MINNEHAHA BLVD SOUTHOLD County Tax Map No. 473889 Section 087 Block 0003 Lot No. 051 pursuant to application dated SEPTEMBER 7, 2001 and approved by the Building Inspector. Fee $ 1, 232 . 70 Authorized Signature COPY Rev. 2/19/98 f APPEALS BOARD MEMBERSr Southold Town Hall Gerard P. Goehringer. Chairman 53095 Main Road Serge Doyen., Jr. �' r P.O. Box 1179 James Dinizio Jr. r N Southold, New York 11971 Robert A Villa � Ol�� 0 Fax(516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD QUESTIONNAIRE Accessary Apartment or Bed and Breakfast with Owner-Occunancv_ Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: l.ee&C9,4/ AAS Nue , /4-CY Name of the Applicants) and his/her Residence: G i)ee-.t 4T0 Hee. • /S 75 , a4.4_4b So vlikm /s Names of Current Residents/occupants of the Subject Premises: Cr le en C //Aro stew- ' Current Occupants are: (please check one or more boxes) { } Tenants with Written Lease ( } Tenants without Written Lease ( - Current Owner ( ) Contract Vendees { } Proposed Occupants/Residents under the Subject Application • { } Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners, are not contract vendees, are not proposed Occupants/Residents under the Subject Application, and/or have a -fern residence. different Is the subject premises listed on the real estate market for sale/6r being shown to prospective buyers? ( } Yes mirm, _ � ?- Authorized Si• • ature a '. Date • • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) 1Ci/P.42.0 4-0-// Alg e , OWE-44n B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes { (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes { 1_4,--No D. 1. Are there any areas which contain wetland grasses? /do 2. Are the wetland areas shown on the map submitted with this application? 3 . Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Ala (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist an4 _are not shown on the survey map that you are submitting? Aio If none exist, "none. " please state none. G. Do you have any construction taking g place at this time concerning your premises? tip5 If yes, please submit a copy of your building permit and'map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? AY0 If yes, please explain where or submit copies of deeds. I. Please ist present use or operations conducted at this parcel ►.�.� :. .1 At proposed use ' i ) Tiuv and , vii m� Authorized 1gnatu9r and Date 3/87, 10/901k I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-22267 Date APRIL 16, 1993 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1575 MINNEHAHA BLVD. , SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 87 Block 3 Lot 51 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-22267 dated APRIL 16, 1993 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 * The certificate is issued to JOHN LaGUARDIA & ANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. ----A-7 B ilding Inspector Rev. 1/81 B )ING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 1575 MINNEHAHA BLVD. SOUTHOLD, NEW YORK (number & street) (municipality SUBDIVISION MAP NO. LOT (s) NAME OF OWNER (s) , JOHN LaGUARDIA & ANO. OCCUPANCY A-1 RES. OWNER (type) (owner-tenant) ADMITTED BY: KATE KUHLMANN ACCOMPANIED BY: SAME KEY AVAILABLE SUFF. CO. TAX MAP NO. 1000-87-3-51 SOURCE OF REQUEST: CATHERINE FISH PETERSEN & DATE: APRIL 12, 1993 JOHN LaGUARUTA DWELLING: TYPE OF CONSTRUCTION WOOD FRAME # STORIES ONE Ii EXITS 2 FOUNDATION CEMENT BLOCK CELLAR PARTIAL CRAWL SPACE PARTIAL TOTAL ROOMS: 1ST FLR. 5 2ND FLR. - - - 3RD FLR. - - - BATHROOM (s) ONE FULL TOILET ROOM (s) ONE UTILITY ROOM PORCH TYPE DECK, TYPE PATIO, TYPE STONE REAR YARD BREEZEWAY FIREPLACE NONE GARAGE ONE CAR ATTACHED DOMESTIC HOTWATER XX TYPE HEATER OIL AIRCONDITIONING - - TYPE HEAT OIL WARM AIR HOTWATER XX OTHER: OUTSIDE SHOWER IN REAR YARD. ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. STORAGE, TYPE CONST. SWIMMING POOL , GUEST, TYPE CONST. OTHER: B.B.Q. VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: INSPECTED BY: Ii ' DATE ON INSPECTION. APRIL 16, 1993 J. FISH TIME START 8:55 END 9: 10 own Of Southold P.O Box 1179 _ Southold, NY 11971 * * * RECEIPT * * * Date: 10/23/02 Receipt#: 138 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 138 Total Paid: $400.00 Name: Gallagher, Eileen 1575 Minnehaha Blvd. Southold, NY 11971 Clerk ID: LYNDAB Internal ID:63666 • APPLICANT TRANSACTIONAL DISCLOSURE FORK The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the earl, 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: I:dee.I. 6 -/446. e ( 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 . ) NATURE OF APPLICATION: ( Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other ( If "Other, " name the activity . ) Do you personally (or through your company, 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 ✓ If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling , parent , or child is ( check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant ( when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation ) ; C) an officer , director , partner , or employee of the applicant ; or D) the actual applicant . DESCRIPTION Or RELATIONSl1IP Submitted this '/ day of ,,dp-tD:).-- Signature4J.21-14 y10-4-51414 t� Print', name_eik044 _ 67.;//46, bf Q SURVEY OF DESCRIBED PROPERTY N/F GIFFORD Sm1ATE LAUGHING WATERS 2—RAIL ENCEN 87'38'40"E 148.77' SOUTHOLD, TOWN OF SOUTHOLD FD FD tn SUFFOLK COUNTY, N.Y. CM CM z ASPHALT ► SURVEYED FOR: EILEEN GALLAGHER Lo ctit DRIVEWAY GUARANTEED TO: Z q O EILEEN GALLAGHER O W fTl K g FD -Ni TM# 1000-087-03-51 Z CM SLATE N FD Z PATIO CM ► N STRUCTURE TO P'L' D of 13.8' r = 24.0' 25.1' 48.8 �, > 26.2' 34.0' 4.0' 38 •' ► 11 N/F PALASCIANO 0 3—CAR HOUSE UNDER To P.L W GARAGE CONSTRUCTION 2nd LEVEL C N I— o U.C. 9.0' - ► o D 3.5' 29.3' y / SURVEYED: 19 DECEMBER 2001 0 - 5.9' 1.3' ► O 21.8' 0 SCALE 1'= 20' 22.1' CONC. (8 AREA = 14,682 S.F. OR o FD `r' FD .337 ACRES ai CM \ CM GUARANTEES INDICATED HERE ON SHALL RUN Cr ONLY 77:1 THE PERSON FOR *HOU THE SURVEY S 87.26'00"W / 1 50.00' IS PREPARED AND ON HIS BEHALF 70 THE771LE ANY. / SURVEYED BY LENDINGIH57lTU11QN IF LI IS STANLEY J. ISAKSEN, JR. TO 7HE ASSIGNEES OF 7HE LENDING INSTITUTION f GUARANTEES ARE NOT TRANSFERABLE TO ASPHALT WABUN STREET 20 P.O. BOX 294 ADDITIONAL INSTITUTIONS OR SUBSEQUENT ONNERS NEW SUFFOLK. N.Y. 119, UNAUTHORIZED ALTERATION OR ADDITION TO THIS 631-73 ' -5835 // SURVEY IS A VIOLATION OF SECTION 7209 OF f �1/ if, THE NEW YORK STATE EDUCATION LAW. COWES OF THIS SURVEY MAP NOT BEARING ---- --- THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED 7O BE A VALID TRUE JdCENSEh LAND SU' OR COPY. NYS Li.. No. 4927 e 01C1095 Page 104 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing do little if anything to solve the real need of the community to provide a place to stay overnight for the weekend visitor and it would invite by example other developers to propose similar schemes compounding the problem. For these reasons, time sharing should not be permitted on the north fork. Another alternatives alternative is pursued. Whether it be condominiums or houses or a conventional motel. CHAIRWOMAN: Thank you very much. Do you have anything further? MS. MOORE: No I don't unless you have questions. CHAIRWOMAN: Just re-submit that letter with the south fork information and bullet what we've discussed as potential conditions. Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** 4:40 pm Appl No. 5222 -ROBERT & BARBARA HOLLEY. This is a request for a variance under section 33C,based on the Building Department's August 28, 2002 Notice of Disapproval for construction of an accessory garage with a front yard setback at less than 40'. Location of property: 1805 Bay Shore Rd., Greenport 53-3-13.1. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? ED WILLIAMS, BLDR: My name is Ed Williams, builder. I'm the proposed builder of the proposed garage,but Bruce Anderson was the consultant handling the thing. MEMBER GOEHRINGER: He was out in the hall before, Ed. MR. WILLIAMS: He was? I didn't see Bruce. CHAIRWOMAN: Let's go to Ms. Gallagher. Why don't you try to find Bruce, in the meantime, we'll go to Eileen Gallagher. ***** 4:41 pm Appl No. 5244- EILEEN GALLAGHER. This is a request for a variance under section 31B(13)to establish a proposed Accessory Apartment in conjunction with the owner's residence, at 1575 Minnehaha Blvd. Southold 87-3-51. EILEEN GALLAGHER: Hello, I'm Eileen Gallagher and I'm here to request permission to put an accessory apartment in my residence. CHAIRWOMAN: This is a one bedroom apartment over an existing garage? Page 104 of 128 Page 105 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. GALLAGHER: Yes. CHAIRWOMAN: I see the apartment is going to be about 726 sq. ft. are you able to show us off street parking on this? MS. GALLAGHER: Yes, I submitted a survey which shows that there are 6 spots for off street parking. CHAIRWOMAN: The survey indicates there are 2 driveways. MS. GALLAGHER: There's a parking area which is 3 spots. There's a driveway which leads to my garage which is 2 spots and then there's a driveway around the front of the house which is where the original garage was which was the sixth spot. CHAIRWOMAN: Mr. Goehringer? MEMBER GOEHRINGER: How are you? MS. GALLAGHER: Fine Jerry, how are you? MEMBER GOEHRINGER: I was over to the house and I think I missed you, I didn't make an appointment,but one of these days I'll just stop by on the weekend and take a look at it. Let me just tell you what one of the minor concerns was and I think we overstepped that concern and that was one of the criteria's to the apartment was to have a CO prior to 1984. Now we know that you reconstructed the house. We are not raising the issue anymore. I had a CO, a pre- existing CO for the older house. MEMBER GOEHRINGER: We know that you put a new addition on,but we are not raising that issue anymore. That was the only issue, it wasn't necessarily a concern of mine, it was how the law reacted to that. And I just don't think you can take the whole situation and carve out something and say some of it might have been old, some of it new - there's no issue there and I didn't raise it, it's just an issue. CHAIRWOMAN: Mr. Orlando. MEMBER ORLANDO: It will be a one-bedroom apartment above the existing 3-car garage, correct? MS. GALLAGHER: Yes. MEMBER ORLANDO: That was my clarification. Thank you. CHAIRWOMAN: Ms. Oliva. Page 105 of 128 Page 106 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER OLIVA: You don't have to put any new fittings under the garage if the garage is there? MS. GALLAGHER: The space over the apartment right now is unfinished. It was constructed as part of the renovation and on the building permit that I had for the construction it was indicated to be unfinished storage, and it's still unfinished so if I get permission I have to construct an apartment up there. MEMBER OLIVA: And that garage is attached to the house? So it's one principle building. MS. GALLAGHER: Yes. MEMBER GOEHRINGER: When we look at this, Eileen, we are looking at those windows that are above the garage. MS. GALLAGHER: Yes, there's windows facing the south and the west and the north. The only part that would not have windows is the part that is attached to the main house. MEMBER ORLANDO: So to access the apartment you have to go through the side door of the garage then up the stairs. CHAIRWOMAN: Any questions from the board members? Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. I see no problems with this, I've reviewed the code and I think you've met the code. PLEASE SEE MINUTES FOR RESOLUTION ***** HOLLEY (CONT.) CHAIRWOMAN: Did we find Mr. Anderson? MR. WILLIAMS: No,but if I can be of help. CHAIRWOMAN: We have a proposal for an accessory garage, are all 4 of those lots now merged? MR. WILLIAMS: Yes. CHAIRWOMAN: The lots have been merged sir? MR. WILLIAMS: Yes to my knowledge they have been. We have the Trustees permit. We have a DEC permit. Page 106 of 128 , •I . . • ,44 ' 1R A ZONING BOARD OF APPEALS JAN , "03 TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT eftes-u- itA4t . OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - ----- -------- -------. x COUNTY OF SUFFOLK) STATE OF NEW YORK) lea &144 14-6 to/2_ residing at 7s , New York, being duly sworn, depose and say that: On the 5— day of , 200 P,-.I personally placed the Town's official Poster, with th date of h aring 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 days • prior to the date of the subject hearing date hich hearng date was shown to be Signature) Sworn to before me this /3 day of lt01-1141 200 . ` V SUSAN M.JACOBS (Notary Publi• NOTARY PUBLIC,State of New York No.4912037 Qualified in Suffolk County Commission Expires Nov.9, 0.� *near the entrance or driveway entrance of my property, as the area most visible to passersby. U.S. Postal Service,. rq CERTIFIED MAILTM RECE'" rt.I (Domestic Mail Only;No Insurance Covet-de Provided) For deirvery information visit our website at www.usps.com® 11.0.1 Postage iirairreyZ UNIT ID: 0971 Certifi:. se ........—••••••.21i4/..4. Postmark Return R: iept Fep, (Endorsement-equire ` Here C Restricted D:'very Fee 3 0 2002 I 1@f k: KF9CM ra (Endorsement• •ad ru Total Postage& =:- 12/3002 ru p Sent To 410 no - I' 87- -yi f� 54reet,Apt.No.; j�., p �y.1 or PO Box No. rt) C�1wTL os c+ • , Ste Z!P+4 PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal ServiceTM ID CERTIFIED MAILTM RECEIr- . is- ,..4 (Domestic Mail Only;No Insurance Covera.,,Provided) .J3 For deliiery information visit our website at www.usps.comb 11- : , i. ! „I ,:•-.:. ,c,", r-▪R J3 Postage $ 0. Y . 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Is delivery-tykeicer4Affererrt from item 1? 0 Yes 1 Article Addressed to: If YES,enter delivery aFidreps below' 0 No settoz.... paA.ALEA‘e ------: ,-, t7+'„'iag 7' it- 3. Service Type 7S' ❑Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article 7002 2410 0001 6159 5234 ' (Transf&. ....................._..., PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-0381 UNITED STATES POSTAL SERVICE First-Class Mail Postage&lees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 6.2:Les,1/4/Auteit_t_t_j 15 1 S .f 741114 :1 Li.r:441 __�»13ftek aigitaI:IG`LyZe1Ica MK•LVIJ1SIMIIRS141y/[i1M1116411710:1- • Complete items 1,2,and 3.Also complete A. S' natu item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse '— 0 Addressee so that we can return the card to you. B. , -`, by(P n -. Name •te gfivery • Attach this card to the back of the mailpiece, �r /, i ♦ - !/ or on the front if space permits. - ".' �� �' 1 Article Addressed to: . Is delivery ad.ress different from item 1? 0 Yes If YES,enter delivery address below 0 No 13. 3. Service Type ege 0 Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise 44) 404a 4.0 hi o 1� ❑ Insured Mail 0 C.O.D. •(� lJ 7 al 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service " 70 7002 2412 2001 6159 6170 7c� PS Form 3811,Aug -. _ -e urn -eceipt 102595-01-M-0381 UNITED STATES POSTAL SERVICE �,ON ,t, First-Class Mail ' 'USPS " .ru'r, r O �L. P M ,.,1 (Per.., ,iso .G-10 _ • Sender: Please print urxname, 2(ddress, and Zlp 4 inthis box • , C.Ce.e0,1k.jeli.4,11-84÷424_) IS7s hg71 1.s-m.41�.�, liifiim11111:1I„1I,,X11.1,illifi,ialifiliiihillildifii,ii y4Z1Oggiolo alasaimewi Y igektreA ffieWwziR■rmr lizenateiteffr.lffinaifivan- ■ Complete items 1,2,and 3.Also complete Signature' item 4 if Restricted Delivery is desired. ; --091gent • Print your name and address on the reverse /i'r/ �� 0 Addressee so that we can return the card to you. B. • • Attach this card to the back of the mailpiece, ` f'�^tom slam Date Delivery or on the front if space permits. J� I C D. Is delivery address different from item 1? 0 Yes 1 icle Addressed to: If YES,enter delivery address below- 0 No 42 '' 3. Service Type ' 7 g1 ❑Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label 7002 2 410 0001 615 9 6163 0 3 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-03P 11'1►„11111`►`(►1111111►111►111"1111►►1►►►1'►1►111"1(1►►►1 := z.. ii74.--r-r177 S c.S/ • 41ffcdIZ ue gsseippe 'a•_- u, eseeld :JepueS . CI P1ea €4" , .Gj\ . -I • yy G N'� \: S 1VISOd S3JYIS a311N(l ► KMI:J•4IVi1;I6Y:9Zel1 el WrgAlagararri<tar4- 101ffklaidalnian- ■ Complete items 1,2,and 3.Also complete A. Signatyre item 4 if Restricted Delivery is desired. ' ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Recei -. by(Print-d Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D Is delivery address different from item 1? ❑Yes 1 Article Addressed to: If YES,enter delivery address below- 0 No 4.065 011.01,1) f 9-7 3. Service Type ❑Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7002 2 410 0001 615 9 5241 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-0381 • UNITED STATES POSTAL SERVICE First-Class Mail 0Postage&Fees Paid USPS • Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ;1;)4c;Scfcact ItH ili t 11111111111 Ili IIIIIIIIIII III lilt t t1IIil I I I III III Ill III .6- p • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK In the Matter of the Application of / AFFIDAVIT ciImo 4/4c,/fe) _ OF (Name of Applicants) MAILINGS CTM Parcel #1000- - - • COUNTY OF SUFFOLK) STATE OF NEW YORK) I, i (•2e,vt residing at 7g (ki ,t/Aleft-A-41- 1 vD, Sov-Mo/) , New York, being duly sworn, depose and say that: On the 3064 day of 42 tefr> rd , 200, I 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 owners shown on a current assessment roll verified from the official records on file with the ( ssessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. .,20_74 r I / ignature) Sworn to before me this 864k-day of A,p_ - , 2004 SUSAN M.JACOBS 511 , `i j , , , NOTARY PUBLIC,State of New York No.4912037 (Notary Pu• Qualified in Suffolk Novou9, �) Commission Exp 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. p --4/,) APPI7 e7- 0 7 0 3 S3 fc vl O\4 �ti � GQ � � . Jd/3p�o CV') „t4 �V �� Ux�C� , �� LEGAL NOTICE SOUTHOLD TOWN •)l f2FAPPEALS ; STATE OF NEW YORK) '`%) • THURSDAY,DAY,JANIZARY 1b;2003' • PUBLIC HEARINGS )SS: NOTICE is HEREBY GIVEN, pur- SUFF LK) suant to Section 267 of the Town Law and Chapter 100(Zoning),Code of the /4.Ad, .r//� �� .L_of Mattituck, in said Town of Southold,the following public,,,: county,' being duly sworn, says that he/she Is hearingsWill be held, by tfie= Principal clerk of THE SUFFOLK TIMES, a weekly • SOUTHOLD TOWN BOARD•OIC 1 APPEALS at the Town Hall, 53095 ' newspaper, published at Mattituck; in the- Town of Main Road,Southold,New York 11971, Southold, County of Suffolk and State of New York, on Thursday, January 16, 2003, at the times noted below(or as soon thereafter _ and that the Notice of which the annexed is a printed as possible); copy, has been regularly published in said Newspaper 2_ as 9 m �,. _�Ham_ s261 � once each week for / weeks succes- 10:45 Appi No5221 - Dani°) sively, on the /7 day This is a request for a Yarianc6 yr commencing ' Under Section 100-30A.4,based on tho; Of ,D6--e.-- 2002 Building Department's August 22,2002`- Notice of Disapproval concerning a pro- posed accessory swimming pool in an area other than the rear yard, at 275 rincipal Clerk Major's Path,Southold;Parcel 1000-54- 1-26.1. 10:50 a.m.Appi No.5249-Wayte •, Sworn to.befRre me •this • 1• .and Maty' Orwin Mott. Thin is a= „ request for a Lot1Waiver under Section day of G 20 100-2Estates , to No.'36, •f.Counteri Iiax 9L u 4 f /I C Estates Lot No.'36, ref. County Tax' Parcel 1000-38-3-15, from Gardiners Bay Estates Lot No.43,ref.County Tax LAURA E. BONDARCHUK Parcel 1000-38-3-24. Location of- ' Notary Public, State of New York Property: 2345 and 1640 East Gillette No 01 B06067958 Drives.East Marion;Parcel Nos. 1000Qualified in Suffolk County 38-3-15 and 24. My Commission Expires Dec.24, 20 DS 11:05 a.m.Appl No. 5244 - Eileen Gallagher. This is a request for tr-; ' Special Exception under Section 100- ' 31B(13) to establish a proposed Accessory Apartment in conjunction with the owner's residence, at 1575 Minnehaha Blvd., Southold; Parcel 1000-87-3-51. 11:10 a.m.• Appl No. 5232 - Omnipoint Communications(Owner„ :binge);This,is a request for a Variadda under Section 100-165C,based upon the , Building- Department's September 19, ' ' 2002 Notice of Disapproval,for the pro- posed:instaltandn or equipment relate-: • to.a.pubtic .utility, wireless-cOMMunica-” . tions.antenn to be affixed`�ron aan�,tt'exi'st , ing R-of�. ,at:2183, :-.-,,C-Iii '' Cu .,r�, ; rd *000.9 14191.,,, f 11 *P01Vb.'S 5�4 f Murray�Tins•se a keq ,, . 2;= a Valiance.under Seetiod 100 " '' , on -the Building _ Department's;; 'September .'24, 2002 Notice :of" Disapproval concerning a proposed dwelling with a front yard setback at' .' 1es8ttrar150 feet from the front prope ' line at its closest point. Location'Of:-;. Propetty::/3085 Stillwater Ailetiuei4 Cutchogue;Parcel trios.10(10-136-2-6;'';'- I and 81cpnibingtl anon lot of 62,73M,4? _; - , sq,ft.total area), 5:00 p.m: Appl No_3162 -JafhnA Nikki.'nits is a request for a*lance' utiOer.15'ectiion'30.A.4, Based ort they; Building Depart8*es � 19 :; ' 2002 Notice of Disapproval to constroc ', rllt arae ogy,in-gio nd swimming pool=.4 a _s_Tsa _ j; 'kii _ _, I 1.09-5-14 And 16-(1le:oaa' :'' ,.e, . l;10 p:m. A,p$i No: S ',h 51.1 and treat P+apM putIgi:_'This is a;r request for a Variance under Section•' , 0) I) FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS / LABEL APPL# _ V ASSESSORS CARD (7 COPIES) NAME .. MON CTY. TAXMAP (7COPIES + 1) SEEMS ,5 INDEX CARD (ATTACH OLD) TOWN .,,_, A_, LIST ALPHA BOOK ✓ RESEARCH ALPHA yf COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION /z� YnQo 740 � , APPEALS BOARD MEMBERS ‘i SUFFO(� �' 0 t'pG Southold Town Hall Gerard P. Goehrin er Chairman �� 53095 Main Road g P.O. Box 1179 James Dinizio,Jr. y = Lydia A.Tortora t Southold,New York 11971 Lora S.Collins -41 / ZBA Fax (631)765-9064 George Horning --_ * �,00. Telephone(631) 765-1809 s_-S. BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 3, 2001 Appl. No. 4941 — EILEEN GALLAGHER. STREET & LOCATION: 1575 Minnehaha Boulvard, Southold 1000-87-3-5.1. DATE OF PUBLIC HEARING: May 3, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property consists of 15,000+- sq. ft. in area with 100+-feet along the east side of Minnehaha Boulevard and 150 feet along the north side of Wabun Street in Southold. Applicant has submitted a copy of a survey prepared December 1, 1992 by Roderick VanTuyl, P.C. showing the existing single-family dwelling, situated approximately 33 feet from the closest corner at Minnehaha Boulevard, the westerly front property line, and 26.5 feet from the foundation to the southerly property line (facing Wabun Street). BASIS OF APPLICATION. Building Inspector's December 18, 2000 Notice of Disapproval under Article XXIV, Section 100-2448, which states that the proposed addition is not permitted at less than thirty (35) feet from the front property line. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting front yard additions to her existing dwelling as follows: (a) facing Minnheha Boulevard is proposed at approximately 22.5 feet at its closest corner, and (b) facing Wabun Street (a paper street) is proposed at approximately 17.5 feet. The dimensions furnished by applicant are 31' ft. in length, and approximately 33 feet in length, respectively. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings. 1. Grant of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the area of Laughing Waters is an older preexisting subdivision with smaller lots. Applicant's property lies on a corner lot. The dwelling faces the private road while the other side of the house (garage side) faces Minnehaha Boulevard. There was no evidence indicated at the hearing or upon Board Member inspections that grant of variance would change the character of the neighborhood or be a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because premises has had nonconforming front yards for many years. A reduction to 22.5+- feet facing the public street and 17.5+- feet facing the private road is the only feasible way that the applicant can construct a larger garage and small addition on the actual front of the dwelling. 3. The requested area variance is not substantial, representing a reduction in the side yard of 11+- feet based on the significant reduced front yard setbacks in this subdivision (area of Laughing Waters). -- Page 2-May 3,2001 , Z61A Appl. No.4941 —E. Gallagher ' Parcel 1000-87-3-5 at Southold • 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The premises is well located in a subdivision and contains a lot of 105 x 150 feet. This lot area is compatible if not larger than most lots in this particular block of the applicant's dwelling. 5. The alleged difficulty is self-created by the nature of the age of the house and its proximity to nonconforming property lines. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of an addition to the existing dwelling, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. BOARD RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the variances as applied for. VOTE OF THE BOARD: AYES: Members Goe• .nger (Cha' a , Dinizio, ' • - •r., �•d Homing. [Member Collins was absent(out of state).] is Resoluti wa duly ado• �-d , .). GERARD P. 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