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HomeMy WebLinkAbout5275 ppe' 1�1 ���� S� 5`1)-1)-U M M II G-WI�/�t',At O CC 1 7 C W G rYtitto //3703 I iii..., ,,�o°tk FFO(4-co ELIZABETH A.NEVILLE � 0 ofG# ; Town Hall, 53095 Main Road TOWN CLERK o - P.O. Box 1179 Southold, New York 11971 REGISTRAR,OF VITAL STATISTICSOy 47. Fax (631) 765-6145 MARRIAGE OFFICER ,L � RECORDS MANAGEMENT OFFICER =__7�l jili �aXto. Telephone Telephone(631) 765-1800 •FREEDOM OF INFORMATION OFFICER ,�, ������'� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December 4, 2002 RE: Zoning Appeal No. 5275 Transmitted herewith is Zoning Appeal No. 5275 of Nancy Iannone & Helen Marshut for a Special Exception. Also included is: ZBA Questionnaire (regular and B & B or Accessory Apartment); letter of transmittal dated November 25, 2002 from Patricia Moore, Attorney; copy of Certificate of Occupancy No Z1669 dated August 14, 1968; copy of Certificate of Occupancy No. Z10566 dated July 9, 1981; copy of deed; copy of building permit application; Applicant Transactional Disclosure Form; plans and survey. APPEALS BOARD MEMBERS ��oi� SufrF04 Southold Town Hall Lydia A. Tortora, Chairwoman , d 53095 Main Road Gerard P. Goehringer ; y iPrt ; P.O. Box 1179 George Horning O � Southold,New York 11971-0959 � � � Ruth D. Oliva -41 a0 ���� ZBA Fax(631) 765-9064 Vincent Orlando = 1 �,,a" Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED ' ` °(-- TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION IPR , 1 4 2 MEETING OF APRIL 3, 2003 �yroy(� Appl. No. 5275— NANCY IANNONE and HELEN MARSHUT, Life Tenants Southold Town Clerk Property Location: 19105 Soundview Avenue, Southold; Parcel 1000-51-1-17. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's +-34,000 sq. ft. parcel has 100 ft. of frontage along the north side of Soundview Avenue and is improved with a single- family dwelling with attached garage and deck. For the record, Certificates of Occupancy #Z-1669 dated August 14, 1963 was issued by the Building Department to Anthony Marschut, and #Z10566 dated July 9, 1981 to Anthony and Helen Marshut for a two-story addition with deck. REQUEST MADE BY APPLICANT: The Applicants-Owners request a Special Exception under Code Section 100-31B, sub-section 13, for an Accessory Apartment in conjunction with their residence within the existing principal building. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003 and March 20, 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: BOARD CONSIDERATIONS/CODE PROVISIONS: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 100-31 B(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 450 sq. ft. in the principal building. The Apartment unit is proposed at less than the code limitation of 713 sq. ft., or 40% of the existing +- 1784 sq. ft. livable floor area of the dwelling. 2. The Marschut Family has owned the premises for many years, and James lannone, acquired the property on 12/2/98, subject to a life estate reserved by Helen Marschut in deed dated October 26, 1998. The Life Estate Residents/Owners agree to continue to • Page 2—April 3, 2003 Appl. No. 5275—N. lannone and H. Marshut 51-1-17 at Southold occupy the dwelling as a principal residence. 3. The applicants' plan revised 2/25/03 shows an existing asphalt area for parking of six vehicles. The Board has requested that the area be widened to allow for proper egress and ingress without backing out onto the street. 4. The applicant complies with the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. By letter from the applicant's attorney, the existing livable first floor was confirmed to be 832 sq. ft., and 832 sq. ft. on the second floor(garage and decks not included), plus 120 sq. ft. bedroom extension. The apartment must meet the minimum size requirement for 450 sq. ft., and may not exceed 40% of the total livable floor area. The existing footprint of the dwelling will not be 5. The applicants have agreed to retain the existing appearance of a one-family dwelling when establishing this Accessory Apartment in conjunction with the main livable unit. 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 R-40 Zone 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. 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. 6) No adverse conditions were found after considering items listed under Sections 100- 263 and 100-264 of the Zoning Code. • Page 3—April 3, 2003 - Appl. No. 5275—N. lannone and H. Marshut 51-1-17 at Southold RESOLUTION/ACTION OF THE BOARD: On motion by Member Orlando, seconded by Member Goehringer, it was RESOLVED, to GRANT the Special Exception application for an Accessory Apartment, to be used only in conjunction with applicants-owners' residence, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. One of the owners shall occupy the dwelling as his/her principal residence. 2. Parking on site with proper egress/ingress shall be provided, with widening of the parking/driveway area, so that there is no backing out of vehicles onto Soundview Avenue. 3. A Certificate of Occupancy or written compliance document shall be obtained from the Building Department before occupancy of the Accessory Apartment. 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. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Horning of Fishers Island.) This Resolution was duly adopted (4-0). ��Q/ %, Lydia A. ort a, Chairwoman —Approved for Filing 4/ /8 /03 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,FEBRUARY 20, 2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, February 20, 2003, at the times noted below (or as soon thereafter as possible): 10:30 a.m. Appl. No. 5275 — NANCY IANNONE AND HELEN MARSHUT, LIFE TENANTS. This is a request for a Special Exception for an Accessory Apartment under Section 100-31B(13) in conjunction with the owner/applicant's residence in the existing single-family dwelling located at 19105 Soundview Avenue, Southold; Parcel 1000-51-1- 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 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: February 3, 2003. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809). • FORM NO. 1 X /7 7 F4,01p6ci — ktor— TOWN OF SOUTHOLD ✓ BUILDING DEPARTMEN T � o c/A. 9tt•I TOWN CLERKS OFFICE SOUTHOLD, N. Y. ch 74.11 • //gl- 7 cf v Examined ( , 19...1... ,// Application No. ...A 7._/77 -,4,12-47A jet--; Approved s 19 �! Pemit No. Disapproved a/c .. /�-e- ! ,i_ (Building Inspector) 1/00,..../"At ' APPLICATION FOR BUILDING PERMIT Date 4/.. 4 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, giving a detailed description of layout of property must be drawn on diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be ker the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws,Ordinances or Regulations,for the construct buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in buildings for necessary inspect (Signature of applicant,or name, if a corporation (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or bui Name of owner of premises . . .. .... ... ..../..'A/i Aia 1/ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) f 000 -- 5( — f — 7 Builder's License No. A-1.4(471 Plumber's License No. Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done. Map No d Lot No. At Street and Number .04//44.94EW: .A✓E• egriT 0 4- Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy , /A?.?W//r4(-. . . . . . . . . b. Intended use and occupancy 3. Nature of work (check which ap " ible): New Building Ai on v Alteration Repair Removes, Demolition Other Work ,91:"3 (Description) 4. Estimated Cost > .e'?e,P Fee /`9. / (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars r. 6. If business, commercial or mixed occupancy, specify, nature and extent of each type of use 7. Dimensions of existing structures, if any: Front �� t Rear �� ` Depth ZQ r , Height Number of Stories / j Dimensions of same structure with alterations or additions: Front �� Rear 4° 7.-/ Depth Se r Height Number of Stories Z 8. Dimensions of entire new construction: Front 1Z- Rear ;ttZ I Depth z6 Height Number of Stories Z 9. Size of lot: Front /00Rear .r0 Depth , 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated F-eta/0e5OpestL ,, / . 12. Does proposed construction vi ./.loolate any zoning law, ordinance or regulation: Q ' 13. Will lot be regraded Will excess fill bpjemoved from premises: [ -] Yes [S4 No 14. Name of Owner of premises ..?e/eivi4, HA i6A4/7 (Address) _ (Fh'tii�e Na.) Name of meet '`�• ti.�7 CJ.� (Address) (Phone No.) Name of Contractor tZA = e5 < (Address) (Phone No.) PLOT DIAGRAM Locate clearly and distinctly all buildings,whether existing or proposed`;and indicate all set-lack dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate wheth- er interior or corner lot. ..f '-. 4N i Zh 91 �rz� u /Z� s. q) \.) kl Sre TaeE 1041 t Ni C`a o NI c) \ 1sT, / ti �T�t.t j, GE .spebL ree------- .A---- \\\\\\\. STATE OF NEW YORK, ) COUNTY OF ) A ..4— < a.. '�• -��` being duly sworn, deposes and says that he is thea licant above named. (Name of individual signing contract) y applitant He is the ..(„r�1.�.Ju4y..,, (Contractor,agent, corporate officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and thathP work will be performed in the manner set forth in the application filed therew h. NOTARY PUBLIC,RSta 8�ot�New York ........ . /�/ r� No. 52.4643721, Suffolk Cou %• ... .. ............ y of A. ' 19 ../...� Term Expires March 30, 19, Notary Public, Z • c.5( ../10.101".-4-Eamm* -"----00{.....ceetewl (Signature of applicant) 3. • Nature of work (check which applicable): New Building Addition v Alteration Repair Removal Demolition Other Work r (Description) , 4. Estimated Cost . Fee 47.. j: (7- / (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor ,. If garage, number of cars 6. If business, commercial or mixed occupancy, specify, nature and extent of each type of use 7. Dimensions of existing structures, if any: Front t Rear 20 t Depth Za ..4 Height Number of S ories / 1 Dimensions of same structure with alterations or additions: Front C.2- Rear 4' Z/ Depth >Fe ' Height Number of Stories 8. Dimensions of entire new construction: Front 1 Z. Rear 1 Depth z12/ HeightNumber of Stories ` 9. Size of lot: Front /00 ` Rear 1, Depth 10. Date of Purchase Name of Former 0 ner 11. Zone or use district in which premises are situated #' fioe.JT/ft4... 12. Does proposed construction v'olate any zoning law, ordinance .r regulation: .Ah 13. Will lot be regraded w __:... .-s Will excess fill b- -moved from premises: [ -] Yes D4 No , 14. Name of Owner of premises 1 °-/e ,T / ' )2.6,417 , r+ A (Address) (Ph�tile[Vo.) Name of Archtteet '� _ Address) (Phone No.) Name of Contractor 25;f441.-`: .4/ ..< (,ddress) (Phone No.) PLOT DIAGRAM , Locate clearly and distinctly all buildings,whether existing or p opo"se and indicate all set-Lack dimensions from property lines. Give street and block number or description according to deed,and show street names and indicate wheth- er interior or corner lot. r 1 9 WE-1...! Z6 /Z '� ` ,m Nom, ,�4� .STexTeeE {ili t. ' \ U , �� o\ y , „\ 1 �b . 20� STATE OF NEW YORK, ) if. , COUNTY OF ) / , •••• .,(--z. •91 ,,,,, being duly sworn, deposes and says that he is the applicant above named. (Name of individual signing contract) _ He is the ...... (Contractor,agent,corporate officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief; and that hheework will be performed in the manner k1tsdY t. UavrsON set forth• in the application filed therew- h. NOTARY PUBLIC, State of New York �,� Term ExNo. pires?21Marchffolk 30 19 / 6 i ay of /.. . . 19 Notary Public, '-'-- ���/ -9�1� --e--'-ee---0{..... ---enze (Signature of applicant) 1 • TOWN OF SOUTHOLD,NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION Application No. ' 7S Date Filed: ,t- .5-0 2 -So,M . ,d(4. Pak 114-400-Lp 11 TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: o /cis- `t330 I (We), Nancy Iannone&Helen Marshut,Life Tenants of Soundview Avenue House No. and Street Southold,New York 11971 (Hamlet, State, Zip Code) hereby apply to THE ZONING BAORD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDNANCE, ARTICLE III , SECTION 100-31, SUBSECTION B(13) for the below-described property for the following uses and purposes: On or about August 14, 1963 Anthony Marschut, applicant Helen Marschut's husband and Nancy Iannone's father constructed the first phase of the house. In 1977 the family completed the house. The husband died and the wife,Helen Marschut is elderly. Mrs. Iannone is severely disables and the mother and daughter live together. The house was transferred to Nancy Iannone's son, James Iannone reserving a life estate in Helen Marschut and Nancy Iannone. As the life tenants they must maintain the house and pay all taxes and insurance. The two women can not afford to live in the house with the ever higher cost of taxes and insurance. They wish to make a small portion of the house an apartment. The financial strain could be relieved by a small accessory apartment. The space is ready for occupancy, subject to this board's approval. Adequate space in the driveway is available for the apartment dweller's vehicle because Mrs. Marschut is legally blind and does not dnveeand Mrs. Iannone is disabled,owns a car to drive to the local grocery store or pharmacy and back. The internal layout of the house is shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. James L. Iannone (residuary interest)Helen Marschut, life tenant and Nancy Iannone, life tenant are the owners of property known and referred to as Soundview avenue, Southold (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 51,Block 1 , Lot 17 , which is not on a subdivision map (Filed "Map of "Filed Map No ) The above -described property was acquired by the owner on Marschut family purchased in 1957, on 12/2/98 Nancy Iannone (subject to a life estate reserved by Helen Marschut)transferred title to James Iannone. B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or personas in the neighborhood for the following reasonas: The apaiticient is accessory to the main dwelling with no obvious external changes to the residential character of the house. The number of vehicles are limited by the fact that the owner/occupant is disabled and only has one car which is used for limited purpose of grocery and medical needs. The rental income will enable the two occupants to remain in their home until their death. 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 wntten lease for a term of one or more years,which will be filed annually. 3. The existing one-family dwelling shall contain not less then sixteen-hundred(1,600) sq. ft. of living floor area. TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: IINc,�vic,.,� L arino1c I (We) , �-t e 1En K Y.sh�,ii lr of rdVretc AV'ey U-C. -le nan±5 House No. and Street �outnat3 N '•/. 11911 -he - S03/ (Hamlet, State, Zip Code) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION (M - 3' , SUBSECTION B for the below-described property for the following uses and purposes: r- • �Y1F�10Y� MQiySciftA b lk 't1/�& hOoSe hks SUrvt /%nG etdet W k• 00-0 d-A Saloted h ' I k V i n ' At h Go sP I the twicTs IY7Su rn ice Unncl avec. fW ho us.? fe t. fi in g.er(ous nevoctaJ SI ox,0 1-1,\EI y W,sh b l u.kl an apcwtrnent to he t F e -f-my _ ry)0 Mc r an cc oi home u r d-e ate► • A s, na.0 oxpcurtyrti✓t.. Litn t t la f ckAt 'of Ma c"n au.)-(11.)./n9 ,n W hca w" o vic e az !he, aea,r --merpt S e Is e t)rnp Ie -I-C. (w/0 1=�fiche,-,� 5nrc9 owtc� cc.wa.A.�-w,q army ern Z 64 he weed a& cur) Id,��,ve c w .\ acc OM od c3 0 wne r C�-�cv✓tYYt Q,1t • i�C l 5�►r� 0-irk Viii.c,C..l e wenn Incl Vt hticJl c 1,oc{ C-' ra vtl'Y�e�� ✓7Ctnt Nto ,v �s i 1ec(caub\�hc� 5o Sine nods not CLreve ovv�c) Naric moo.r�v�onc has One C0 r . as shown on the attached plan drawn to scale. A. Statement of Ownershi andaInterest. a I-�'L 1J AAA-est-to-, L'Fc T-chant Jfi1)1s-S L.LTA NNONE 4/0 M T� NRNCy 1MuNDA: -i--s (are) the owner(s) of property known and referred to as Fxouni0 v,tad Wilant5n ..eo(Housetreet, Hamlet) identified on the Suffol ty Tax Maps as District 1000, Section 5/ , Block / , Lot /-7 , which is is not) on a subdivision map (Filed • "Map of Filed Map No. .a,vd,a,, ) . The above-described property was acquired by th own �to IZ /z/98 B1 ou-Samesa -annoVic M u r5Lq t,ct -f f u✓chased �'n 19,17,1'1` ✓ and rest;vinq a ►ikr e 51u1,Q• B. The applicant alleges that th& approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: -11rxk aca,yk-meat 15 acreSsori Bain (Z.eStdevvhoJ el-we, ,mac l,.niin na obi/loos C ha )ci e -e•Ac ' o r' 11°1A---1.e- as c3- _V;e s c d e Yt cc- - 5,h<< 1-{n�gmo"t'F-&Qhi is cleso.hted M� � N0,41c -1 o,riud r 1/4ve.,� — hcr d cscoo LL' vt uc at l�.r from m +r vWe I o ri cl I oC Fa l o Sbrre ovy.cl docfiov'• `fhQ revltad In co rvko ,11 VY10.11NA 't u bcm..a-e . 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 hbis 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 ' �{D and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [ vi has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. COUNTY OF SUFFOLK) , ia-4.Jyze-A STATE OF NEW YORK) ss. : Signature Sworn to,..beye me this Z 1 day ofNC J 0200;,2 7-15 I' Public) R TRICIA C.MOORE Notary Public,State of New York Suffolk County•No.4661668 ZB5 2/6/86 emission Expires June 16,47.0 • .. 7 TOWN OF SOUTHOLD PROPERTY RECORD CARD /Oa?) „/- / 7 OWNER STREET I/ f VILLAGE I DIST. I COUNTY TAX MAP NO. s L •-• roI I - 1 Zq n cietAle kri 2/ LAND IMP. TOTAL DATE REMARKS: 7thihdirrY , /4141-777,Y 4/.27/p,Pz 1 . „ . t 5 6 9 </ea 0 41/4 /77 11 63(?/ 7/ L-4 0/,./7 '1-,--tzca/e; Add," A.sódA )l';41/qk L 19.512I(U5c ' / • [4,(C 1241963- L 04/1,,to 95E- _LA/mot< - 04_r-Inet rte._ — - 1 14- Es4r; L/14/100 . . TOWN OF SOUTHOLD 1- OPERTY RECORD CARD , 1 t,:t4,..L. kerO -sr--7--if* OWNER --1 .._., STREET VILLAGE DISTRICT SUB. LOT 1--)i 7 , , , ' ,-- S) •• ` / ' 14— 7" '1 FORMER OWNER N , Q , /4 9 ACREAGE 7 -- , itt'tj,i-g) C, S jf-- W pot .. , TYPE OF BUILDING / ,c-t RES. ,. SEAS. VL. 1 FARM COMM. IND. CB. MISC. •,_______---- i I LAND IMP. TOTAL DATE REMARKS /a aA.— 7,--:- (' J 3,-- -. -1, .2 e) ,!) 16 c 7 , ,_. //07 ,/?. ,f7/4,/7--*964'() 2- X21-1/74;(14/. +2)40/0 A,r1 \•53, 6414..e.c, ____ / N.7 2 0 0 a 1 . r 6' 0 92,-;r0 6) / / 7_ ri6. , ,/e/ /- ? _ 7 , C L,/ --,/,,,g-'4 4„, _.,- ' -'' - 2 • _.. ..2... 0 0 /2,1) __ i7. .,, ,/6 o z- --7 -7--) a AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE 1 Farm Acre Value Per Acre Value , Tillable 1 _ Tillable 2 Tillable 3 Woodland Swampland Brushland ..... ..... .......• ....., House Plot Total ,----. *"......... .*.'x ,.,All'•.4.4 ...-'' / 1 V: ' Z.14*, 1 .,, A f 1 , ZA_„.// - ,..., ..'1 i4 ‘44 ,: '';.•Ali• . .,,,,,.V f •••.. ,--4 - - ,- iiittyfr eAlif - ,t.*7,-.- :MA i,1 , I 40V ..,__!.e. -• t lIk• i'-',=: •41,, , --, 1 i P44‘ V i‘i 3.e.5 2 -01 , A. .5 , ---,,,r07.1 , 1.• \ ,‘, L 3 1-- I ----, -aa.,-, _ ,,, ,. e i -1,1-7 . :,,,14., _, ., ..„ • - IN 16. _.„. t •' 1 i _ 24. — • ---=ii Z L ......„ -70 1/0Aiz 2-3 / ii •s, ,LI-Li- — tcry Ikma, .-. -ts 1 - 1.••• 1 re.„1/4 1 3-1,- - Yqd',,-.-1 .--.. A t.ti,,,Arniimb,,,..:*;,-- /f". . A..;•' s / I - - •-- .---,-- , --",:a.,...' ,----- ..,., 4/ 10 - , . ... ), ,------ _ - if- 7ar a-s-ry 4 8 M. Bldg. 0 . ---'Cl .s-7 Foundation I ?(- Bath Extension 2_ z4,;, -.?1, .... k-'07L - Is 7-9 —8 2- Z— S- 3 3 6 / Basement /7,4 /' Floors Extension Ext. Walls ••r 1 , t/ Interior Finish Extension Fire Place / Heat Porch Attic Rooms 1st Floor e' /c' / , ;2- 7 z. IO(. - .,..26 /o / Porch Rooms 2nd Floor Breezeway / - Patio Garage I , z_i riveway g... 11-1) z.,) te 6 I ' 7- , O. B. /4.24,etc/ ss--7-; z S— ‘2 07 17(7 _ . — - _ • . - - -.�.2' 5i1, 2 - • /C0 f O,P!^:/1`'1 0 •. S67767 /coo- -/- o/-1 7 _/9/0 . QJ,./z7✓/ / ,Av.. . 0eir,VOLD AY //97l 1- \ �1 M �0 _ P ),,.4!.x7,,4-1 M No // L5/...‘.., ,ti - 4. A1AiA/ 0 No films% Acc 4 .; Z2 , O N=%V f � I i�J n.� r.J• �ors,„„ 1 1/ �- V< < 41. I: I 'tI ..\•,,A'/?0‘:: . /� 74iP5� /L✓. i -sit • l✓8762Z 130"14/ too ' • t 000/41 APPEALS BOARD MEMBERS O C �py� Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer ; co, Z P.O. Box 1179 George Horning O ��� Southold,New York 11971-0959 Ruth D. Oliva =y�lj� 00��OS ZBA Fax(631)765-9064 Vincent Orlando = 1 * �; ''� Telephone(631)765-1809 , http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 15, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 5275 - Special Exception (lannone and Marshut) Dear Mrs. Moore: 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 4/15/03 delivered to: Building Department SENT SY: M00RE LAW OFFICE; 631 765 4543; APR-2-03 3:57PM; PAGE 2/3 .i\ RECEIVED coY P 0`6APR 2 2003 A PATRICIA C. MOORE 171 P- ' �"1 • Attorney at Law\k51020 Main Road ZONING BOARD OF APPEALS \:://163">\ Southold,New York 11971 Tel. 63 0 765-4330 FAX: (631) 765-4643 Margaret Rutkowski MdiettMoCyowan Secretaries April 2, 2003 Southold Zoning Board Main Road Southold, NY 11971 By Fax Re : Special .xception: Iannone/Marshut (accessory apartment) Dear Mrs. Tortora, Chairwoman At the last zoning hearing you requested the square footage of the residence in order to assure compliance with 100-31 (13) (c) the one-family residence is to be not less than 1, 600 eq. ft . : From the d- mensicrns on the Building Permit of 1977 attached: first floor: 32 x 26 = 832 eq. ft. second floor: 32 x 26 = 832 sq. ft. laundry room: 10 x 12 = 120 sq. ft. pre-77 house/garage: 20 x 20- 400 sq. ft. (proposed apartment) plus bathroom (sq. ft. not included) Deck: 32 x 12 384 sq. ft . Total; 2,568 sq. ft. You requested my calculations which I did not have at the hearing with me at the time. The above dimensions, obtained from the Town' s records, establish compliance with 100-3a. (13 ) (c) . Very truly yours, Patricia C. Moore fl T5z) c-f/1'1i . Ire i-tt.td ft. Ce-at ccn/b//7 O75I/1g3 '.7/\v t/A7/v�o5 DO/ /4,,dc,ZZ,,18/V A I 11,(11 w Ii -7-,-;iv ----- \-- =7 zz 7 ii 2� o tii 0 .,:.-7.- pg :2-0->r/v,-7,,- , .: $ fn' Q it 7z‘// /iv (0-7r,I J/?Qc 7iC V Al 5v/i at70.0 `ID/�/ 1./-/c' -/.. -OGS/ IL2s • •- i>,Of HO _�-Gtr/ -- ay. - -.1-7 i� \, , r,,; 25 .567-P7 / o- '/- a/-/7 / /04. . QJ,JVV/s / A),,E .o1T,v)LD1 AY //97/ 41 a M �,edv,/%/7y; .41 vkAr..o-T 5A k;- . 'O d, . P4- afx7/4-/ N\ Y) ,i i ,ti * /fA • b. A . 22:-/' Nc Or N` &,,,,‘ � � - , * ' Tà ) ,,, , 1 , ,.4.C • IN \� I 7a -P%off✓, N97`zz'30"W /00 ' 30a /L / AV J-- - -- r '• ~i ► ' S45 �i*..! 7 t� ' '7,' `- - i } i,_ ., pr r �- ---—- �'. � I � -- I i�baa L_,_ 's! , i dal , 'f..[.i'ra,,,4.Y' msysa * , j:. 1 ;:i:" �' �'" � 6. gels. t . , : oit' i. ., ,, _ , , .,. , 1 , ,., . , ,L, 1 .','5 ._.r1._, — 'r- , Y e lT • l , I; c _1," M , y i . . .., 1, _..... �.�a .iYl4,44. ,d4.) rS ' I��ti.' — �I �•^'' Ij K II y h h - A � -1 I 1 V ti A, l lid ) `\ ;i V,/ q \� j tui , 4 t4. -l�''d: -+.r te._ e5 :- i-' l_ _ tt�...� ;,i'` k F,A , I.. '4 jt t- � - ; �i ' =--i . / tr,....... i - , . / L I,(k. 4, S\r, rh3 ).�; sA 4'0 OM1q�i � w, .. .AdAWi:« , ms's. r PATRICIA C. MOORE O0' Attorney at Law 51020 Road \, Southold,Newew York 11971 Tel:(631)765-4330 0 Fax:(631)765-4643 ^^ February 27, 2003 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Attn: Lydia Tortora, Chairperson RE : Nancy Iannone and Helen Marshut Appl . No. 5275 Dear Chairperson Tortora: In connection with the above referenced matter and pursuant to your request, enclosed please find 7 prints of a survey/site map showing the number of parking spaces . If you have any questions or require anything further, please do not hesitate to contact me . Very July yours, Patricia C. Moore PCM/mm Enclosures (l) las'/b 3 6 . (N.,((i,?.), ,,i.,,,,-__) IAA; - /bb gjtJb411 '5 I GERALD. RUPP " ) , l ll Southold, New York, P.O. Box 952 ( .�r 11971 1 631 765 16.4p p FAX 212 2$61140 ?1 Application of: Marshut and ai lannone TO: The trusters of Southold New York, 'own Hall i Ladles and Gerlkiemen: ,, My property is l' houses east from the property requesting permission to alter their hosi, e. I am AGAINST any type of alteration to make something intq a separate dwelling. The neighborhood does not call for this type of maceration. Please be advi. d that I vote no, and my immediate neighbor Arthur Zielinski has nt proxy to vote against this proposal in my behalf. ff you do not take a roxy then please accept this letter as my vote against the appiicant'sy roposal. Respectfully sOmitted, i ., „e7 4 . RUP '1Epep• ,, it + yJ A� il I{ I {{4� A{ 1 t I 1 -d WOdJ 90: l I. £00�-6 L-c, 2-19-2003 11 :04AM FROM P. 1 FAX; 631 7651 4 GERALD. RUPP j 1 g .o3 Southold, New York, P.O. Box 952 11971 i' Z 6A-- 1 631 765 1.620 FAX 212 2861640 Application o . Marsihut and lannce TO: The trustees of Southold New York,Town Hall Ladies and Gentlemen: My property is 3 houses east from the property requesti permission to alter their house. I am AGAINST any type of alterlition to make something into a separate dwelling. The neighborhoodtoes not call for this type of moderation. Please be advised that I vote no, and my immediateeighbor Arthur Zielinski has my proxy to vote against this proposal in n,, behalf. if you do not take a proxy then please accept this letter as r, y vote against the applicant's proposal. E, f' Respectfully submitted, { 4E. RUPP1 % it f. Ip ; 11 Ij Ii E i, 02/19/2003 00: 36 516-6275298 PHILIP COUNDOURIS PAGE 01 631- 76S 7014 C?oin 't � ' 6 - 6 2 7•.5- 2. f ff nceg. Feb / I - 2003 q\'\?)! I , \I SO -TJOLb BoAmP o APPeAcs \G\e 3 0 g ciici-i N7dA 5 0. Zel 1/ 74 Zotynlei-z), Nv // 97/ 7"v #I ons 1 r /))4V CoNceci; Iriel•ier.06/ ; 2/A) ,4 AR eP o v'!Qb, AJ i° ' P tesRlil.),) Q re !Ale 2. 49 4,4)4 A.PP) ,ri aAi 6 414 N ct/ 14A1A/olve g /141FAi AtAes'�,l cJ eeg /P,^1 4' 19'7 /1/CSS'.. Ov//1l Y/Edel gde . .SSD%No t a , � �.� Pd2 rl-le_ 16LLOtJ/NT FellSoilS • '�Lcvlwa d��7s' /file 3 Amities wi rid Ofit5 4LL rtcu. ,iDui,va i Alb uzrTntvirRt O,/i v1tesse rae 1.61(6e. rn iaI r Howe. 1tli7nl /9.1).2)1 i iaw Al I2/?ES h'i%Ali?i ce+ ; �"in..i /To o vzh eAre UR-floc gee /s N yr- £N bc/4,l I9Rc& f i9 CPS /�vQ r.J a�-/ 7 !V/� 1?I?A�t/T i/il/S 2 e /w . a 1 iE' /l�IE'12 1,CAJ ClL /S d A,),le , !,! (rAl 7-"/A-7-- /1? e o tri / Al ewmb v/ee." /�v/A/tJe S ( e5-/2-a"G` Vieu4S ��-j PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 February 19, 2003 BY FACSIMILE WITH HARD COPY TO FOLLOW Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re : Nancy Iannone and Helen Marshut Appl . No. 5275 Dear Ladies/Gentlemen: I will be unable to attend tomorrow' s hearing of the above referenced matter because I am out of the state . I request that you keep it open until your following meeting. Thank you. Very truly yours, Patricia C. Moore ' L�f PCM/mr SENT BY: MOCF�'r LAW OFFICE; 631 765 4543; FEB-19-03 12:29PM; PAGE 111 1� -\\ 4* PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel:(631) 765-4330 Fax: (631)765-4643 February 19, 2003 BY FACSIMILE WITH HARD COPY TO FOLLOW Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re: Nancy Iannone and Helen Marshut Appl . No . 5275 Dear Ladies/Gentlemen: I will be unable to attend tomorrow' s hearing of the above referenced matter because I am out of the state. I request that you keep it open until your following meeting. Thank you. Very truly yours, Patricia C. Moore PCM/mr PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary November 25, 2002 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Iannone & Marschut accessory appartment application Dear Chairman and Board: Enclosed please find an application for an accessory apartment together with my client' s check in the amount of $400 . 00 . Please place this matter on your earliest calender. Thank you for your courtesies in this matter. If you have any questions, or request any additional documents please do not hesitate to contact me . Very truly yours, 7- , L- Patricia C. Moore cc : Mrs . Iannone • • APPEALS BOARD MEMBERS °�gUEFO�,I-�o� Cd=� Gym Southold Town Hall Gerard P. Goehringer. Chairman c 53095 Main Road Serge Doyen. Jr. �' P.O. Box 1179 James Dinizio, Jr. tib . OAC Southold, New York 11971 Robert A Villa �Ol �� Fax(516) 765-1823 Lydia A.Tortora ^ Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 41 QUESTIONNAIRE Accessory Apartment or Bed and Breakfast with Owner-Occupancy Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: P �.hei_ Int,._�sts a (1 Pannone L14hant 1-1-eAe r M cwsh,c,ut - L -{r T-e i ani SwrY►es Tanr-onc - eemai nc{e,✓rnagi Name of the Applicant( s) and his/her Residence: N (5u�vlec.fi pY'e,VYlcSes� 1 noon -Helen Mow-shut, - Sound viA-1Pe , Names of Current Residents/Occupants of the Subject Premises: Ncww.A.1 Ick nnone 4 Hen Mews Current Occupants are: (please check one or more boxes) ( } Tenants with Written Lease ( }� Tenants without Written Lease ( th Current Owner ( } Contract Vendees ( Proposed Occupants/Residents under the subject Application ( %,r-- 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 different residence. Is the subject premises listed on the real estate market f sal or being shown to prolective buyer ? ( } Yes f 40. yy Author ed - :.r ��. + l�{2 OL ( z tII i. a"ire an. Date un3 _ Y.. . '' '14,,I,!, •oi i% I. a . y .t5i ' ,, 1ti,i, . ' , I\' : , 1,1, I I,,i ., 1 i.:4A • .. f. ; 'J• } •• $ ' :y ' I � 1M` z:1t 1 F y .A - •74 ki: s,..y.1.-'. ,' .. •I .40.... .1.4-:. '' "'r 0` . ''r. j .f - TOWN OF SOUTHOLD i , _ =•{�' i ;I4 ti�--;,...-00'44.. :� .m,''•4'R' } - - BUILDING DEPARTMENT i. ; ' 4 "t' * /: '' a`� _ TOWN CLERK'S OFFICE ' r k r a. .+a:.: 3.3.•'''.c:sx • SOUTHOLD, N. Y. 4. • at '.4� !` aL;C "'? , ';' • i 1-6; x. y tat , ` CERTIFICATE OF OCCUPANCY �, 1 i 1 1 ,,''.k.,,..,, '.��~ III, ,�,: , ; is ; Irv,,�?t l 'A. 5 :.-;',:-.';'...,---1-,.-', -'. i` • Dote �.l;l�ll,St �} ' X19.1 LLQQ i:I rl} `*'t'0'�r^'i 4i1, '' •r.1. '•NO. Z s�6.L�9 i� 1 '1 i a � ,!i,t .,..,%.4,,,,..1,i'....7,-;..,.,"!.;•)';•,,,:',..,...r' ", " CERTIFIES SAluxcl...V. .1g.d..,&v? r, :.i. S1ireF , � THIS that the building located at .. ,I ( :; i't! 4.- i'-',";:-...1...1.4...... XXX Block No. X Lot No. . 7f+ gG101:?.4'.' . r.� r • 1- i•. .. ! .+-;01., i•hx �',4r«�;. Map No. ',.:�•a`` �, '1- �y ,,,,•''''''''4'14,': ,. . t" ,,'' r�,4.,r" �'2 . this office dated ''',,;:t conforms substantially to the Application for Building Permit heretofore;'filed' n :;',4,.. alb 0 4i.. ,:t 1963... It N o. -;'' ; FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. .Z 10566 Date July 9 81 19 THIS CERTIFIES that the building Location of Property 191Q5 ,Souidview Avenue , Southold , New York House No. Street County Tax Map No. 1000 Section 51 Block 1 Lot 1 7 Hamlet Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated November 477 19 pursuant to which Building Permit No. 954 0 Z dated No.vembep 4 19 .77,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 A„T,WQ, Story Addition with Deck to Existing Dwelling The certificate is issued to Anthony and Helen Marshut (ownerdeitsgekerpstyttgicxx of the aforesaid building. Suffolk County Department of Health Approval N/R UNDERWRITERS CERTIFICATE NO N 3 9 2 9 0 4 (Z44,;/1;7444e/ ;iee.-Prl' ;;;C Building Inspector Rev.1/81 • ?' ,� • S!d,,.lud N.1•.11.I.11. I ori •2DM —114spai,,and%ale (lied.with OW014111a ago• GIN, ,Is—buliri,htal,.,(.:11.1.1.1.11. (.ioRle/heel) (�^ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY.LAWYERS ONLY C./ • ll THIS INDENTURE, made the � da o �?N Y ���>;'�3f1�-, nineteen hundred and ninety eight BETWEEN NANCY IANNONE, residing at (no number) Soundview Avenue, Southold, New'York �CT SECTION BLOCK LOT igimv 1LJ9c c)i party of the first part,and JAMES L. IANNONE; residing at 8 Rustic Gate Lane, Dix Hills, New York 11746-6121 8 H !rt.; .t3 cue.}rt ttM WW1 1. ,.•:: is 41•1:1'. vtvil a oci:tn!4 rh Ir111,41*-00 �/1, H gNtlir.i hid! ,fnlw el party of the second part, U WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration 2 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 t forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Southold,in the Town of Southold,County of Suffolk and State of New York, bounded and described as follows:BEGINNING at a monument on the northerly line of Sound View Avenue about 700 feet easterly along said northerly line from the extension northerly of the eastern line of Mt.Beulah Avenue,said point of beginning being the southeasterly corner of land of F. Gerard Braun and the southwesterly corner of the premises hereinbefore described;from said point of beginning running along said land of Braun, north 0 degrees 44 minutes 20 seconds west 340 feet,more or less,to ordinary high water mark of Long Island Sound; thence easterly along said high water mark, 100 feet more or less;thence along land Salmon and Beebe,south 0 degrees 43 minutes 10 seconds east 340 feet, more or less to said northerly line of Sound View Avenue;thence along said northerly line of Sound View Avenue, north 87 degrees 22 minutes 30 seconds west 100.0 feet to the point of BEGINNING. SUBJECT to covenants and restrictions of record and to zoning ordinances of any municipality having jurisdiction over the said premises. HELEN MARSHUT and NANCY IANNONE retain in said property the right to use and enjoy said property,during their lifetime,without accountability for any loss,deterioration,waste or injury thereof and without obligation to furnish bond or other security in connection therein. THE Grantors reserve the power to appoint the premises,or any portion thereof,outright,in trust,or otherwise, to any one or more of the issue of the Grantors, HELEN MARSHUT and NANCY IANNONE. This power shall be exercisable during the Grantors' lifetime by a deed making express reference to this power and exe4uted and recorded prior to the Grantors' death, or after the Grantors' death by a provision in the Grantors' Will or any Codicil thereto making express reference to this power. No exercise of this power shall be deemed to release any other interest of the Grantors, including any reserved life estates or other life interests unless such a release is explicitly made. The exercise of this power shall not exhaust it, and unless the power is exercised by Will or Codicil,the deed recorded last shall control as to any ambiguities or inconsistencies. If the power is exercised by Will or Codicil,said Will or Codicil shall control as to any ambiguities or inconsistencies. Unless written notice is recorded at the Office of the County Clerk within three(3)months after the death of a Grantors, of the pendency of proceedings instituted for the probate of such Grantors' Will and Codicil, if any, setting forth the Court in which said proceedings were instituted and the file number assigned thereto, it shall be conclusively presumed that this power was not exercised by such Grantor? Will or Codicil. A deed from Grantors to any party shall be sufficient to extinguish this power and any life estate or similar right reserved herein. SUBJECT TO a life estate reserved on behalf of the grantor, NANCY IANNONE. Also subject to life estate on behalf of HELEN MARSHUT created in deed dated October 26, 1998. BEING AND INTENDED to be the same deed conveyed to the parties of the first part by deed dated October 26, 1998 and recorded in the Clerk's Office Suffolk County. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETI l EI: with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE ANI) TO IIOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. ANI) the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement ami will apply the same first to the payment (if 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 indentpre 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: ,a4VX,7C1.- NANCeV • -P1I1ZU 9 MUST BE TYPED OR PRINTED IN I3LACKINK ONLY PRIOR TO RECORDING OR FILING. JFFOLK COUNTY CLERK .....2 "---' x'295 -- r'RECEIVED ' +, rAUED �lPli I; 11946PC958 • $ � i � i REAL ESTATE Number of pages ; 3 1999 FEB 22 P 4: Ob TORRENS FEB 2 2 1999 i,!..; r,t, iAINE Serial# 1 I TRANSFER TAX ::i..'1 ; , CUJ?1(Y CLERK SUFFOLK Certificate!! COUNTY Prior Ctf/l ' 29295 , Deed/Mortgage Instrument Deed/Mortgage Tax Stamp U Recording/Filing Stamps `l • FEES Page/Filing Fee I I 9 U// Mortgage Amt. l� �, t (i 1.Basic Tax handling . , J ^!1 m`V TP-584 ,I • i ` 2.SONYMA t i Notation 1 Sub Total : t EA-5217(County) . c V Sub't'otal X. 3.Spec./Add. EA-5217t(State) Ac.-( �F�+ Q �COVijv,� TOT.MTG.TAX ILP.T.S.A. r.5. //,re. Dual Town Dual County p lIeld for Apportionment Comm.of Ed. $ UU +1 • � rj "� Ali Transfer Tax Z7 , Affidavit ,Nn IHO�•1',�i" .4k447- ' , a M�`j° Mansion'l'ax Certified copy The property covered by this mortgage p-�, is or will be improved by a one or Iwo Reg. Copy: Sub Total y family dwelling only. ,qYES or NO Other GRAND TOTAL , er.UO f NO,see appropriate tax clause on page II of this instrument. 4-`:ri-,' -I. Real,.I'roperty Tax Service Agency Verification 06:> • Title Company Information r,, , ,'.`I Dist Section Block Lot " '•1,; 05100 0100 01700 d l ' I a �i8 Company Name Dale i,�..initials Title Number I IEEE PAID BY:i Cash ' Check Charge The Law Office of mommomme.........mommi JOHN M. BIGLER Payer sante as R&R 265 Sunrise Highway, Suite 36 Rockville Centre, New York OR: 11570 g RECORD & RETURN TO ...-.--- (ADDRESS) 9. Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (Deed, Mortgage, etc.) Nom' INNOtlEi The premises herein is situated in � I ' ', I SUFFOLK COUNTY, NEW YORK. i ' I i TO In the TOWN of Southold JAMES`L. IANN4 N e• ; In the VILLAGE 1 I 1 or HAMLET er Southold r., '., s r s standard N.1'.11:I'.1I. rano ii M —Ila,gain and Sale bred.will.(:nren:nns against(:rauun's Ails—Indi (1mi!on Cu,pu,atinn. (single ilr:. 9C9-- CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED B': • ONLY THIS INDENTURE, made the a(p day of ©Go , nineteen hundred and risr+ eight BETWEEN HELEN MARSHUT, as surviving tenant by the entirety, residi. , y (no number) Soundview Avenue, Southold, New York 11971 • party of the first part,and NANCY IANNONE, residing at (no number) Soundview Southold, New York 11971 DISTRICT SECTION BLOCK LOT / o0o � 1 l _ � party of the second part, WITNESSETH, that the party of the first part, in considcrl;iun of ten dollars and other valuabl 1 •';(tion 6 paid by the party of the second part, does hereby grant and release unto the party of the second ;, heirs or successors and assigns of the party of the second pail forever, ALL that certain plot, piece or parcel of land, with Ilre buildings and improvements thereon' a lying and being in the lluatc, Southold,in the Town of Southold,County of Suffolk and State of New Yl ,t lcd and 6 described as follows:BEGINNING at a monument on the northerly line of Sound View Avenue about ' , ; easterly along said northerly line from the extension northerly of the eastern line of Mt.Beulah Avenue,said p, .ginning being the southeasterly corner of land of F. Gerard Braun and the southwesterly corner of the prenl; inbefore described;from said point of beginning running along said land of Braun, north 0 degrees 44 minutes ids west 340 feet,more or less,to ordinary high water mark of Long Island Sound; thence easterly along said 1 • ; r mark, 100 feet more or less;thence along land Salmon and Beebe,south 0 degrees 43 minutes 10 seconds ea:,' ' ' ' et, more or less to said northerly line of Sound View Avenue;thence along said northerly line of Sound View :' forth 87 degrees 22 minutes 30 seconds west 100.0 feet to the point of BEGINNING. SUBJECT to covenants and restrictions of record and to zoning or(' of any municipality having jurisdiction over the said premises. HELEN MARSHUT retains in said property the right to use and enjoy said ; , during his/her lifetime, without accountability for any loss, .deterioration, waste or injury thereof and witho' ' ' 'I, 'tion to furnish bond or other security in connection therein. THE Grantor reserves the power to appoint the 1 or any portion thereof,outright,in trust,or otherwise, to anyone or,more of the issue of the Grantor, HELI ' , 'SHUT. This power shall be exercisable during the Grantor's lifetime by a deed making express reference to ' ever and executed and recorded prior to the Grantor's death;, or after the Grantor's death by a provision in the (: ; Will or any Codicil thereto making express reference to this power. No exercise of this power shall be deem.;; ase any other interest of the Grantor,including any reserved life estates or other life interests unless such a rete plicitly made. The exercise of this power shall not exhaust it, and unless the power is exercised by Will or C• ' ' ;he deed recorded last shall control as to any ambiguities or inconsistencies. If the power is exercised by Will • IA, said Will or Codicil shall control as to any ambiguities or inconsistencies. Unless written notice is recorded Trice of the County Clerk within three(3)months after the death of a Grantor,of the pendency of proceedings ii' ' for the probate of such Grantor's Will and Codicil,if any,setting forth the Court in which said proceedings wcl; ted and • the file number assigned thereto,it shall be conclusively presumed that this power was not exercised by r antor's Will or Codicil. A deed from Grantor to any party shall be sufficient to extinguish this per any life estate or similar right reserved herein. SUBJECT TO a life estate reserved on behalf of the grantor,HELEN MAR: BEING AND INTENDED to be the same deed conveyed to the parties of+ part by deed dated August 31, 1978 and recorded in the Clerk's Office Suffolk County on September 19, 197r 1 ' r 8500, Page 240. TOGETHER with all right, title and interest, if any, of the party of the first part in and to s and roads abutting the above described premises to the center lines thereof; TOGETHER with the ; lances and all the estate and rights of the party of the first part in and to said premises; TO HA', ? D TO HOLD the premises herein granted unto the party of the second part, the heirs or successors ;;ns 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 sot;, . thing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the I.ien Law. covenants Ill.,, the first part will receive the consideration for this conveyance and will hold the right to recd,• 'ty of oration as a trust fund to be applied first for the purpose of paying the cost of the improvement " apply the same first to the payment of the cost of the improvement before using any part of the total ( ' ow for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indent!'' hires, IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and )hove written. IN PRESENCE OF: , HELEN MARSHUT ,' • • • Standard N.Y.B.T U Form 800 t5-70M—Bargain and Sale Deed, with Covenant against Gr Acts—Individual or Corporation.(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. /1119 LIBER 8500 PAGE 240 ins.% ��ff �/ THIS INDENTURE,made the 3/ day ofA d374 , nineteen hundred and seventy—eight /"d T' BETWEEN (� ct 490 HELEN MARSHUT, residing at (no number) Soundview Avenue, Southold, New York 11971, party of the first part, and /ODD ANTHONY MARSHUT and HELEN MARSHUT, his wife, as tenants by the 0/..57"-Mer- entirety, both residing at (no number) Soundview Avenue, �i Southold, New York 11971, 4.570 party of the second part, gee 77e / 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, Watic*Wmze tad xxftwi Mxg+mc co ANWxmtitk iklimpxm*iatWxlim a>Irx tximittmft /400 ALL that tract or parcel of land situate at Southold, in the Town ,aLv[k of Southold, County of Suffolk and State of New York, bounded and described as follows: d r7sOiV BEGINNING at a monument on the northerly line of Sound View Avenue about 700 feet easterly along said northerly line from the extension northerly of the easterly line of Mt. Beulah Avenue, said point of beginning being the southeasterly corner of land of F. Gerard Braun and the southwesterly corner of the premises hereinbefore described; f from said point of beginning running along said land of Braun, north 0 degrees 44 minutes 20 seconds west 340 feet, more or less, to ordinary high water mark of Long Island Sound; thence easterly along said high water mark, 100 feet more or less; thence along land of Salmon and Beebe, south 0 degrees 43 minutes 10 seconds east 340 feet, more or less to said northerly line of Sound View Avenue; thence along said northerly line of Sound View Avenue, north 87 degrees 22 minutes 30 seconds west 100. 0 feet to the point of BEGINNING. SUBJECT to covenants and restrictions of record and to zoning ordinances of any municipality having jurisdiction over the said premises. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: R OVED © REAL ESTATE L s. C1'( SEP 19 1978 Helen Marshut ,a:FER i Ax U FFOLK COUNTY Y LIBER U PGE VIS ss: STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK. COUNTY OFS FFOLK 19 , before me dayof &u ✓' 19 78 , before me On he came day of On otha ly came3/ 5 personally personally HELEN MARSHUT, the individual described in and who to me known e foregoinginstrument,e victual and acknowledged that ibed in and who to me known to be executed the same. executed the f. -- • : instrument, and acknowledged that executed she ted the :-me.V / .1e0,4_, 44 // op RUDOLPH H.BRUER NOTARY PUBLIC,State of New York No.52-0465530 •Mach 30,Countyndu Commission Expires ss: ss: STATE OF NEW YORK, COUNTY OF STATE Of NEW YORK, COUNTY OF da of ig , before me Y On the day of 19 , before me On the personally came tome personallyncameuaie foregoing being by me with to mat e known, who, being by me duly sworn, did depose and the subscribing personally witness acquainted,the fd, who,des ngrNyem, duly say that he resides at No. sworn, did depose and say that that he o. he is the othat he knows of , the corporation described to be the individual in and which executed thecorporation; foregoing instrument; that he described in and who executed the foregoI foregoing instrument; sand saw knows the seal of said chrporatira; that the sealt was execute b same; nes thatw he, said witness, tsaid instrument issuch corporate directors of saidtcorpora- that he, said subscribingteth ;and name as as present witness theress, affixed by order ofe he board of dire o. tion, and that he signed h name thereto by like order. at the same time subscribed ''bargain anb *ale 3laeeb SECTION . WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK TITLE No. LOT COUNTY OR TOWN HELEN MARSHUT TO ANTHONY MARSHUT and Recorded At Request of The Title Guarantee Company HELEN MARSHUT, his wife RETURN BY MAIL TO: LcORcOMPY YORK BOARD OF TITLE UNDERWRITERS tau do ph ! '� ru �e r �D�Distributed by i ITLE GUARANTEE- .. 5' cl- EW YORK /I�2w)/ v� zip No.l 19 7/ W W O _ .ar 0 i- LU Y- Q 1-- orM 6.i/ft til p1.4_O W 01t►;,V .. VI S� � �t . a III :aJc7 2 = ex) svLi- -- = U a_ . V) 4 W 6 h N_ i- '4% Z a Nancy Iannone Helen Marshut 19105 Soundview Avenue Southold,NY 11971 November 21, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: We,Nancy Iannone and Helen Marshut, residing at 19105 Soundview Avenue, Southold, NY hereby authorize you to make any and all application to the Suffolk County Health Department, Town of Southold Zoning Board, Town of Southold and any other necessary agencies on behalf of us. Very truly yours, q .),ve/yt,) j6/gric}'-g_ Nancy Ianno Helen Marshut • • 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. ) 'VmvG,/ SMVivoiv.' 0..eIv /n/hesKclT CrAtmes -T vv voiv6 B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes C-,(} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( } Yes {X} No D. 1. Are there any areas which contain wetland grasses? L3 55oonci • 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? s/o 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? �a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NSA (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are (Vs submitting? If none exist " please state "none. " -SvwG1 G. Do you have any construction taking place at this time concerning your premises? of your building permit and ma lyes, please submit a copy p asapproved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? fQ If yes, please explain where or submit copies of deeds. I. Please st present use or operations conducted at this parcel pro osed u 444 : and P se A' A. w p /12 *Mac Authorized Si6nature and Da e HlZt /OZ 3/87, l0/901k • • • APPLICANT TRANSACTIONA[. 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 . /14cvr5Atct YOUR NAME: /V9744' 4. ;170V0A/t ( Last name , first name , middle initial , unless you are applying in the name of someone else or other entity , such as a company . If so, indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: ( Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other 43eC. Q.1 €v)(C ft bit ( 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 x 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 OF RELATIONSIIIP Submitted this 2./ day ofNo✓ v� S igna tore / C �Cc�JL Print name 1/ we 1,4A/N n N e 1-// _ 7v f.4haSHvT Town Of Southold P.O Box 1179 4 Southold, NY 11971 * * * RECEIPT * * * Date: 12/03/02 Receipt#: 3229 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 3229 Total Paid: $400.00 Name: lannone, Nancy A. & Helen Marshut 19105 Soundview Ave. Southold, NY 11971 Clerk ID: LINDAC Internal ID:64355 Page 40 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 1:04 p.m. NANCY IANNONE AND HELEN MARSHUT, LIFE TENANTS — 5275. (Adjourned by agent for the applicant from February 20, 2003). This is a request for a Special Exception for an Accessory Apartment under Section 100-31B(13) in conjunction with the owner/applicant's residence in the existing single-family dwelling located at 19105 Soundview Avenue, Southold; Parcel 1000-51-1-17. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? PATRICIA MOORE, ESQ: I had the opportunity to review the transcript of the prior hearing so I've tried to in my presentation try to address all the points that were raised at the last hearing so hopefully all of your questions will be answered. To begin with the first question that was raised was compliance with 131.13 and the first issue is - is it within the principle building, yes the apartment is part of the principle building. The second issue is it occupied by the owner and rented for year round lease. It is not to be rented by summer vacationers therefore one of the questions that was posed or comments that was posed was that we were going to have ruckus seasonal tenants in there. That's not the case. It cannot be rented under the ordinance. It cannot be rented to anyone other than for year round occupancy. So you have, we presently have the person in there and he's been there for quite some time. This is a 1-family dwelling it is not less than the dwelling is not less than 1600 sq. ft. and it's a 2-story house. It is - it has occupancy of over 1600 sq. ft. The whole structure is under a CO and it's the house itself that you are converting part of it into an apartment has to be at least 1600 sq. ft. I counted 1St floor and I counted occupancy of the 2nd story as well. I can go back and tell you how I calculated it which is I just took- CHAIRWOMAN: What we usually do is take the size of the existing dwelling and the size of the proposed apartment. MS. MOORE: What I did is I took the original building permit application from '77 which had the dimensions of the house. It's in your file and it's hand drawn on the building permit application that was done back in '77 and I took the structure in this case it shows as new structure when the main house was built but it's 26 and a 12'deck and then a 32' length of the house, then it has a 10x10 laundry room area and at the time it was the existing structure was 20x20 with an additional pop out I didn't even count the additional pop out of the bathroom that was the original structure prior to '77 so taking all that into account, I took that entire measurement what I'll have to do is if you want I can after this meeting I can- CHAIRWOMAN: Just break it out by the principle dwelling and the accessory- MS. MOORE: I'll provide it for the board by letter after the hearing so we don't hold the hearing calendar up. The apartment itself 628 sq. ft. and again I took the measurements that showed on the building permit and it came to 628 sq. ft. The measurement does not exceed 40% of the livable floor area of the existing building and it conformed to that. The parking issue I provided for you a site plan prepared by Mr. Bage that shows the dimensions of the existing driveway it's 54x16. It actually can accommodate up to 6 cars withinside that driveway. There's a site plan Page 40 of 96 Page 41 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing prepared by Ed Bage it was revised on Feb. 25, 2003 and on that site plan there was the area which is the existing driveway, it's a blacktop Belgian block driveway and it measures 54' in length and widthwise it's 16' in width and based on the standard calculations he says there's space for 6 cars. In fact the driveway actually goes- MEMBER OLIVA: And you can back out in there and not have to back out into Sound Ave.? MS. MOORE: If you wanted to have a turnaround, we could provide that. It requires landscaping, I think right now for the 50 years that house has been there, it backs out onto Soundview Ave., but Soundview Ave. is an off-street. But if you wanted it to be a condition certainly they would have no problem with that providing some kind of a T allowing a car to back up. That's not a problem, it just means more blacktop and taking away some of the landscaping that's presently there. Another condition is we can only have one accessory apt which is all that is requested. The entrance remains the same as it is today which is just a doorway that used to be the original house, the original structure there, it was designed as a garage. It's the size of garage, but there's a doorway as you go in through the doorway for the laundry room there's a doorway on the right which is a direct access into the apartment. If you go through the laundry room there's a doorway there as well, so there's a sharing of the laundry facility which is right there the center call it a breezeway, but it's an enclosure the larger 2-story house the connection between the laundry area and that is the apartment. The dwelling standards are met the exterior alterations are on the existing foundation. This is kind of an interesting history of this property. When I look back at the CO history, the apartment was the original house, I recall one of the neighbors had the same situation which was when he came out here in the 60's you built that small portion of what looks like the garage or the apartment now, that was the main dwelling and as the needs of the summer people changed and they became year round residences which in this case it was in '84 or actually no I take it back, they started construction in '77, got a CO and during that period of time their finances enabled them to build the main house so the apartment was the original main house. I'm looking at the original CO that was issued in '68. In '68 the original CO was for a dwelling that would eventually be a garage or converted back or lived in. CHAIRWOMAN: What was the CO for? MS. MOORE: The Building Department's records indicate - it says here on the CO Aug. 14, 1968, temporary residence, future garage and storage so temporary residence was where they actually came out and lived while they were building or while they were preparing to build the larger house. That's how it began in '63, not '68. The building permit was issued in'63 and it conformed with the requirements of the law at the time in '63. Howard Terry was the Building Inspector at the time. In 1963 what is the apartment today is what was there. CHAIRWOMAN: I'm just looking at the wording- MS. MOORE: It had a CO at the time. You had to have everything that was legal. I can pull the code- Page 41 of 96 Page 42 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: A building which is converted to permit an accessory apartment shall be in existence and have a valid CO issued prior to January 1984 or proof of occupancy prior to that date. MS. MOORE: What they were trying to do is take the older homes and allow this to be done. As far as CO's are concerned, they both predate the '84 provision in the code. In response to the concerns about hell raisers and summer residents and the rest, I'll just paraphrase what was said before, again this is going to be year round occupancy and at present there is a home health care companion in that part of the building right now because it never retained it's little kitchen and when you go inside it's all paneled and it looks like the original 60's apparently. Presently he's not paying rent because the concern is when you have somebody and you treat him as if he was in a separate apartment certainly if you have a problem with a tenant evicting or whatever you get into a problem with whether or not it was a legal separate dwelling area for this person to live in. So the person that's there presently is in exchange for watching over them, giving them rides, doing miscellaneous errands, he's getting room and board for free. He's living in that part of the building. What they like to do is legalize it as an apartment so they can rent the space, get some rental income from it and as a consequence or part of the reduction in the rent or part of the consideration is the watching them and helping with small errands. At this point there is not an even exchange, but they have always been very conscientious with their care and services they can't really rent it so that's why they want to legalize and now even though everything is in place, they want to make sure that it's considered an apartment and therefore if they do they don't have any violations, we don't have any illegality that would end up eventually when you try to get rid of your tenant coming out to haunt you the tenants claim they didn't have any right to rent in and therefore all the rent they have not been paying for all that time they couldn't collect anyway. That's why most people don't have a rental situation unless you have a legal entity because in the long run you end up with Justice Court issues that the tenant doesn't have to pay since it's not a legal occupancy. CHAIRWOMAN: Let's wrap this up. Is there anyone else in the audience who would like to speak for or against the application? ARTHUR ZALENSKI: My name is Arthur Zalenski and I live at 19215 Sound Ave. and I'm on the east side of the Marshut residence. Now to start from the beginning,back in the late 70's our home had been built and Marshut's home had been in the process of being built and he had a 2- car garage which he lived in during the summer. Because he was there long before we were there in that garage. Late 1970's when he applied for the permit, I spoke to the assessor Bob Russell and he brought out all the measurements and all the information and all and when he applied for that, he applied for an extra room to the home that he just built. It was a 2-car garage and he applied for an extra room because on the application, it stated at the time because he wanted a relative who is going to live with them. All well and good. Right after that, Marshut passed away and that's been empty all these years up until about the last 2 years when they got this young man in. The point I want to bring out is this. It was a garage, not what was stated here prior showing there. What we are concerned about is this there is not one accessory apartment in the entire area from the lighthouse down to 48. There is no accessory Page 42 of 96 Page 43 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing apartments in Chardonnay Estates. Now they tell you this that they want to legalize it all well and good. They want to legalize it for rental purposes. Let's not kid ourselves. CHAIRWOMAN: Let me back up a second here just so you know what's really before us and what this board can and cannot do. A number of years ago the Town Board said we want to have accessory apartments in certain houses in the community and they said we want to have them if they meet certain standards. If they have other certain standards that Mrs. Moore just read off in the code. It won't occupy more than 40% of the main building, that it was in existence prior to 1984 and all of those standards. It's a special exception which means that if you meet the parameters in the code barring something highly unusual, it's pretty much a permitted use. It's permitted by special exception. So when you say things, and I'm not trying to be snippy, I'm just trying to tell you what we can say yes and no to. When you say there are no others in there, that's not in the code, that's not going to make any difference in our decision because that's not what the code told us to look for. This law was enacted by the Town Board many years ago and they didn't say to look at factors of are there lots in the neighborhood. I'm just trying to give you a feel of what we can say yes and what we can say no to. MR. ZILENSKI: All well and good. Let's get to the parking. If you can get 6 cars in that short driveway, I'm pretty sure you'd have to use a shoe iron to get through the front door. CHAIRWOMAN: They only need 3 parking spaces. She said it could accommodate 6, whether it can accommodate 6, the question that we have to look at is can it accommodate 3. That's what we have to look at. MR. ZILENSKI: Our only concern is this and it's a big concern. We know very much so this area here has suddenly become very interesting for the people or the young people from the city. They are looking to areas out here and if they can turn around and they start to rent these areas oh boy we are going to have the same mess that they are having down there. One can rent it, one person can rent it from the city but that's not saying how many he brings along with them. You'd spend a summer there whether they have a beach right down stairs this is ideal. This is a big concern. CHAIRWOMAN: When they leave here they have to have a year round lease that's what they have. There's no other way they can get their permit. MR. ZILENSKI: In other words no summer rentals? CHAIRWOMAN: No weekend rentals, no monthly rentals, etc. year round only. MR. ZILENSKI: That's something to consider. CHAIRWOMAN: The Town Board did think of that and they did consider it, that's why they put that safeguard in there. Page 43 of 96 Page 44 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER GOEHRINGER: Also sir, this is a special permit. In a special permit, this board has in the past revoked special permits. If a situation like that occurred, we could have a re-hearing and revoke that special permit. CHAIRWOMAN: It couldn't occur legally, right Jerry? MEMBER GOEHRINGER: No. But if for some strange reason it did occur, we could revoke the permit. MR. ZILENSKI: That's our concern right now because it's a lovely area. It's nice - the people are nice in that entire area. Homes are very nice and we just don't care to have it messed up in any way. CHAIRWOMAN: Thank you very much. Is there anyone else in the audience who would like to speak for or against the application? JIM LIBEL: I'm a neighbor 2 doors west. I have a question. Last hearing you said you were going to send over inspectors and inspect the premises. CHAIRWOMAN: No, one of the board members said he might be interested in inspecting the premises. MR. LIBEL: Is sewage inspected? CHAIRWOMAN: Those are all issues that would be resolved by other, we don't have the jurisdiction, but yes they would. The Health Department does have jurisdiction over it. MR. LIBEL: And you said it has to be a turn around driveway? CHAIRWOMAN: It has to be a driveway large enough to accommodate 3 cars and we always put a condition in that there's no backing out of cars in the main road. MR. LIBEL: On record, I'm strictly opposed to this and there's no occupancy level on these apartments? 1-6 can live there? CHAIRWOMAN: I think it's based on the number of bedrooms. MS. MOORE: I think it's an efficiency, it's all one room. CHAIRWOMAN: It's a studio. MR. LIBEL: Well you better check the square footage on the house because as you said the alcove in the back is a bathroom for that accessory apartment that's not part of the original house. He had that added on later which was a garage at one time. Page 44 of 96 Page 45 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. MOORE: I took the square footage from the building department. MR. LIBEL: They are 2 different entireties, the original house and the accessory apartment as I understand it, correct. And they'll check before they make a decision one way or the other? CHAIRWOMAN: Yes we will. EVELYN CONDURIS: My name is Evelyn Conduris, I'm one house west of Mrs. Marshut. I oppose this completely and one of the things that I spoke with Mrs. Marshut's attorney is she said it was going to be used primarily for a home health aide and to get some rent out of it. So I said to her if you're on Medicaid and you have home health aide, you don't pay rent the agency pays you so that's where I was a little confused as far as getting rent if you're going to rent it to a home health aide to take care of these two people supposedly. The other thing, I don't know the word Ms. Moore used,but she said the driveway comes out on Soundview Ave. and there was some- that Soundview Ave. is busy all the time so if you're coming out of her short driveway you know you can have 3 cars in there, but if it's coming out, they call it humpty dumpty because of that and you've got to watch out. That's my point of view. I just feel I don't want it, I don't want anymore transients in there. She tells you one thing, they do something else, but that's up to you too. CHAIRWOMAN: Thank you. NANCY POLINAR: Nancy Polinar, I live in Chardonnay Estates,just 2 houses down and around the corner. I just have one question being this is a health related accessory apartment, how does this get checked in a year or two? Let's say they don't need a health aide, the person passes away. CHAIRWOMAN: The apartment is not specified for home health aide. In other words- MS. POLINAR: In other words, this stays as an apartment even if the house gets sold. CHAIRWOMAN: I think it's a renewable permit. MS. POLINAR: And how do they get this renewed? CHAIRWOMAN: They go to the building department. MS. POLINAR: How do they get this renewed, do they have another hearing? MEMBER GOEHRINGER: Ma'am it stays with the property until the property is sold and then if the property is sold- MS. MOORE: What my understanding of the code is that it carries with the property, however, there are conditions. It has to be- the homeowner has to be owner occupied, in other words the homeowner has to be there so it can't be an investor that has a different person living in the house Page 45 of 96 Page 46 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing and a different person in the apartment, so it has to be home occupancy and then the tenant has to be a year round tenant as well. It does run with the land, however, the constraints on it are huge. CHAIRWOMAN: I was right Jerry, it is renewed annually. MS. MOORE: I found out it is annual to the building department. MS. POLINAR: My question is if it stays in the family and the health aide person is not needed- CHAIRWOMAN: It doesn't have anything to do with - we grant accessory apartments all over Southold Town. We are not granting we are not even permitted to even grant a permit for a special type of person that's going to be there. MS. POLINAR: This is being granted for a person who is requiring health care. CHAIRWOMAN: No it's not. That's what we are trying to tell you. MEMBER ORLANDO: That may be the intent, but we're not granting it based on that. CHAIRWOMAN: We are not granting it based on it being a health care worker or a family member or anything else. MS. POLINAR: I thought the whole thing was that it was an accessory apartment because it was needed- CHAIRWOMAN: The special exception does not have anything to do with the type of person you are renting to. MS. POLINAR: This could be used then for the family to rent to anybody down the line? CHAIRWOMAN: Yes. MS. POLINAR: That's what I'm against. I don't want that in the area. I'm not for it. That's all. CHAIRWOMAN: Special Exception is a permit for a use. The person they are renting to is not the subject of this permit. Is there anyone else in the audience who would like to speak for or against the application? MS. MOORE: What I would suggest should you grant this application is you can just specify cars won't back out because then it will give us - then the landscaper can decide what's best whether it's a turnaround or whether it's a T and they turn around. CHAIRWOMAN: I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION Page 46 of 96 Page 11 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing 10:31 am No. 5275—NANCY IANNONE AND HELEN MARSHUT, LIFE TENANTS. This is a request for a Special Exception for an Accessory Apartment under Section 100-31B(13) in conjunction with the owner/applicant's residence in the existing single-family dwelling located at 19105 Souiew Avenue, Southold; Parcel 51-1-17. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? ARTHUR ZALESKI: My name is Arthur Zaleski and I live at 19215 Soundview Ave. and I'm east my property_is east of Marshut. I have received a notice here that she wants to have an accessory apartment. Now that accessory apartment in 1984 was a garage and Mr. Marshut at that time he changed the garage to a room and right after that Mr. Marshut passed away and Mrs. Marshut and their daughter Nancy have been living there since. Then I received a letter from her council Patricia Moore and she states that they want to have it converted to an accessory apartment and she also states in her letter that they are 2 older people and they are having their problems and this and that. Well as far as that goes with older people I'm a step away from 90 and my wife just got through a very bad spinal operation so we have our problems too if Patricia Moore wanted to work that angle. Why are we against it? In that entire strip Soundview Ave. from Horton's Point lighthouse to 48 there is not one accessory apartment. These are all individual homeowners, they all have their own driveways. Never a car is parked on the road. Marshut is a very short driveway if that was ever occupied as an apartment where the people would park the cars I don't know. On the west side of Marshut the neighbor Condoms owns the property his wife called me up and incidentally Mr. Condoms is paralyzed and he's in a wheelchair and she told me that she was unable to make the meeting because of the fact that he gets at this state around this morning time he gets a special medical procedure so I told her exactly that the Town Board would like some kind of response from her a letter and I believe she faxed in. On the west of me is Mr. Rook. He's a NYC lawyer and has his own staff and all and he called me about it and he says to me Artie you go ahead and you can have my proxy. He says a proxy is no good. I says you have to send a letter or something else to the town board. I said this doesn't work here the proxy so I believe he sent you a fax letter. I don't know. CHAIRWOMAN: He did. We have that in the record. MR. ZIELINSKI: What we are concerned about is a case like I'm a resident here for 36 years. 25/26 years ago when I come out of the navy we built our home and we love it there if we open that up we don't want this to happen here that happened in Southampton when they get these here summer groups that rent out a room and they raise holy hell and I think it would degrade an area and beside Mr. Roth who is east of me he just finished he bought 300'of waterfront property opposite Chardonnay Estates and he built a palatial home beautiful grounds and I think anything like that would interfere with the pleasant mode of living we have. I know maybe Nancy and her mother Helen has the problem financially we all have it we are all struggling. I'm on a one crummy navy pension and I'm struggling along but I could turn around my garage is a double garage I could convert that easily it's all insulated because the town hall when I was building my home was willing to let me store the stuff in there and spend my weekends there at the time 27 years ago. But the point is we could do it too, that's a problem we all have but we are against it Page 11 of 63 Page 12 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing because of the fact that we think it would downgrade the property and it would cause a problem with summer people coming here especially these young turks from the city that really raise hell over in Southampton and this would be an ideal spot because it's right on the water and that's our problem so folks I hope you give it some real good thought because we are very proud of our strip, our property and are very proud of the situation we have in Southold that you are trying to maintain a high standard. CHAIRWOMAN: Mr. Zaleski we appreciate your comments. There are questions that we do need to ask the applicant. I have some notes right here and one of them is parking so that is one of the concerns I have. We also have questions about the CO issued prior to 1984. The =: applicant's attorney is not here available today to answer those questions so it makes it kind of difficult for both of us. A little background here accessory apartments are permitted by Special Exception that is why they are before our board if they meet a whole set of criteria and the criteria is quite extensive and those are the criteria we are going to address including your concerns which are very valid. The applicant has requested yesterday requested that we leave this hearing open and the board will consider that. Right now I'd like to hear some comments from the board members. MEMBER HORNING: Can we request a better survey? CHAIRWOMAN: That's one of the things. I do not have a parking plan. I was looking through it I thought perhaps it was an oversight but I do not have a parking plan in the file showing off street parking that would permit this without backing on to the street. I do need to know the size of the apartment and the size of the existing dwelling with a CO or proof of occupancy prior to 1984. These are just some notes that I made George because I don't see a parking plan on this. There's a number of things we need on this. JIM LIEBEL: I live west 100' from property line to property line and I condone this in the area we live in. It's just not called for to bring up an example this apartment is being occupied at this time for years. There is someone living there. We've had problems with their dogs down on the beach pit bulls what have you my wife and I also a gal friend was topless on the beach isn't that nice. We don't need this here. This is one of the prime areas of Southold. CHAIRWOMAN: The mother and daughter are living there in the main house. MR. LIEBEL: There is constant police action there. There are ambulances the daughter has had 3 major accidents one 3 weeks ago when the car was totaled again. Evidently she's under the influence of drugs for her ailments and it's a sorry situation. CHAIRWOMAN: Are you saying the apartment is already rented? MR. LIEBEL: Arthur lives right next door. I have no idea who the tenant is. I have no idea what the circumstances are maybe he's there to help out with their case. I don't know. There's a van parked there. What about the septic systems? You are going to add more pollutants to the ground and I'm having an extension built on my home right now. It's a small home but I could Page 12 of 63 Page 13 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing do the same thing. And my mom's 90 on Soundview Ave. lives alone 50 years and she could convert a big 2-car garage to financially she's on social security and lives as best you can under the circumstances. The area just doesn't call for it. You have beautiful Chardonnay Estates across the street, Mt. Beulla around the corner, the Booth estate, it's just beautiful down there. I thought accessory apartments were just going to be limited to commercial areas above store fronts. There are no guidelines in the paper on what accessory apartments are. CHAIRWOMAN: There is in the code. What she's applying for has been in the code a long, long time allowing accessory apartments in residential areas providing the principal dwelling is owner occupied and providing that the living area does not exceed 40% of the house providing ,{ there is sufficient off street parking, I'm just naming a few providing that there is a CO for the dwelling prior to 1984 or proof of occupancy and there are a number of other things. I've just highlighted a few of those things and when we look at a special exception we also look a number of criteria written in the code. That includes how it's going to affect the community. And we will be looking at those. MR. LIEBEL: I could see if it were an elderly person. The mother is quite old now needs this fine I'm not against that to take care of somebody but if it's going to be used for income influx of rentals in and out no way. That area does not call for it. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? MR. ZIELINSKI: On that accessory apartment just a number of years ago when he put that room in I think he has a toilet in the back some sort of a nook. His cesspool from that is about 20-25' from that and also from my house that cesspool with the allowance on the sideyard I would say it's about 45' or 48' all totaled and a few years ago that cesspool caved in. CHAIRWOMAN: The applicant has requested that we leave this hearing open and we are very definitely going to do that. The board would like to do an inspection of this property and we are going to set up a time it won't be for the public. We will go through and do an inspection and then we will continue the hearing. The question I have at this point is do we want to set to continue this hearing because if we set this for March 6th, it's not going to give us sufficient time to schedule the inspection so I think the next date we would be able to have this is March 20th that would put them at a long time. Why don't we put them at March 20`h at 1 pm. ***** aee 13- t-(= Page 13 of 63 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. •gent • Print your name and address on the reverse n fik1$ , u Addressee so that we can return the card to you. Received by(Printed Name) C. Date o ■:' --• Attach this card to the back of the mailpiece, or on the front if space permits. it it . . /L d D. Is delivery address diffe= from item 1 Yes 1 Article Addressed to: If YES,enter delivery address below No Chardonnay Woods Homeowners p•0 • 3C L(c / Association, Inc. M 1�\ c/o Neil Rego M CeN f42 or,2 ( c e- Iv 100 Fox Hill Drive c+ Baiting Hollow, NY 11933 3. Service Type IN Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number - (Transferfromservicelabel) 7001 2510 0002 9603 6305 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-250c UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Iannone i„tiltttilitltiltttl„tlltlttitlitttttlitlittttltllltttttltil 3:1.1 : • • ngsfixtur 7 y NKelu/J/MimiC imaxytoiezeimeggD//v- ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ] �G�f 0 Agent • Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delive ` t • item 1? 0 Yes 1 Article Addressed to: If YE N"• du*.. ow' ❑ No Arthur L. Zielinski & Adele Zielinski FEB 9 2003 19215 Soundview Avenue P.O. Box 1261 Southold, NY 11971 3. Servs • ' ®Certi • • a = • Mail ❑ Register:• - urn Receipt for Merchandise ❑ Insured Mail 0 C.O.D 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7001 2510 0002 9603 6282 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595.01-M-250= UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Iannone Y:.iiiaatele i►gommingigf*gum-WKiLiIJl4/011.11:1:1X i1M111•741194:i- ■ Complete items 1,2,and 3.Also complete '' . re item 4 if Restricted Delivery is desired. X J /❑Agent • Print your name and address on the reverse v ( /�/ 0 Addressee so that we can return the card to you. B. Received by(Printed 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? 0 Yes 1 Article Addressed to: If YES,enter delivery address below. 0 No Mr. and Mrs. Philip J. Coundouris 9 Country Club Drive Port Washington, NY 11050 3. Service Type IN 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 Numbrfrom 7001 2510 0002 9603 6299 (transfer from service labe� PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2500 UNITED STATES POSTAL SERVICE First-Class NsNy ees a . � . tjr. ( - I Permit Nc'G10 • Sender: Please print your name, address, and ZIP+4 in this box• PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 Iannone PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 March 13 , 2003 Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Nancy Iannone and Helen Marshut Appl . No. 5275 Dear Sir or Madam: Enclosed please find three (3) signed Return Receipt cards for the above referenced matter. Very truly yours, Pa4A l,G(t, CiCY�4 I Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosures Dornesi!.. Mail Onl •No Insurance Covera.e Provided ru co 711.1.111=1111=1.11111.11.1M11111 ru rn p to Postage $ . 37 ,,,i4\,.jL` iv p^ Certified Fee , 3° r' "..........':::nark ru Return Receipt Fee r7 • Her p (Endorsement Required) i• / 5 2b0� Restricted Delivery Fee " Y S3 O (Endorsement Required) q t /J,/ Total Postage&Fees o $ • -T �,_'-__' p ,� u7 /��1i7C•` _ . ru Sent To Arthur L. Zielinski & Ade e Zielinski .-I Street,Apt.No., 19215 Soundview Avenue lJ orPOBoxNo. P.O. Box 1261 � OCity,State ZI +4 Southold, NY 11971 (Iannone) 1 bora ,',1111 .i.11111.1, 'UUIIYILIsmr- RUM Fl Itzrarim: -sup.Mail On! • ► . Insurance Covera e Prow e a- a ti .D v., a rn Postage ®EM A15 Q- Certified Fee mark F7,t Return Receipt Fee Here c) (Endorsement Required) /551 Restricted Delivery Fee !?'i O (Endorsement Required) 4� Total Postage 8 Fees 11121=ru F Sent To. and Mrs. Philip J. Coundouris Street,Apt.No., O or PO Box No. 9 Country Club Drive City,State,ZIP+4 Port Washington, NY 11050 (Iannone) Kum e . X t.:1—e1LK Dornesuc Mail Onl ;No Insurance Coverac e Provic e U-) O 711111=11111.1=MIMIIIII7 m _o m ?'7 O Postage $ o O IT' Certified Fee 307r'''--..°' v ru Return Receipt Fee �7 r Here '. O (Endorsement Required) I•• /.S� `�C`n O Restricted Delivery Fee ',LS ,,— CI 1 t O (Endorsement Required) ‘= ` c' 00� Oq Total Postage&Fees $ 4•14 5-` -'"t-, „, no ru s r ro '} G�hardonnay` Woods Homeowne` cation a Street,Apt.No., c/o Neil Rego O or PO Box No. 100 Fox Hill Drive 11.rOs- City,State,ZIP+4 Baiting Hollow, NY 11933 aaaeasam■nsunneem. 111L;irT-".. ��` f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD_NEW YORK In the Matter of the Application of AFFIDAVIT Nancy Iannone and Helen Marshut OF (Name of Applicants) MAILINGS CTM Parcel #1000- 51 - 1 - 17 -----------_-----------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Margaret Rutkowski residing at 695 Theresa Drive. Mattituck , New York, being duly sworn, depose and say that: On the I I day of February , 2003, I personally mailed at the United States Post Office in Southold , 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 the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office 7DW/i c> c,6 , 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. (Signature) Margaret Rutkowski Sworn to before me this /WI' day of February , 200 3 I (Notary Public) MELISSA McGOWAN Notary Public,State of New Ybrk No.4995913 Qualified in Suffolk County �avit Aires May a0� PLEASE list, on the back of this Affidavit r on a s e f paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Subject- 1000-51-1-17 1000-51-1-16 Mr. and Mrs. Philip J. Coundouris 9 Country Club Drive Port Washington, NY 11050 1000-51-1-18 Arthur L. Zielinski and Adele Zielinski 19215 Soundview Avenue P.O. Box 1261 Southold,NY 11971 1000-51-3-3.2 Chardonnay Woods Homeowner's Association Inc. c/o Neil Rego 100 Fox Hill Drive Baiting Hollow,NY 11933 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary February 10, 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors Re : Nancy Iannone and Helen Marshut 19105 Soundview Avenue, Southold, NY SCTM# 1000-051 . 00-01 . 00-017 . 000 Dear Neighbor: I represent Nancy Iannone and Helen Marshut with regard to the property located at 19105 Soundview Avenue, Southold, NY. They are requesting a Special Exception for an accessory apartment under Section 100- 31B (13) . Enclosed is the Notice of Hearing and a survey of the premises showing the proposed plan. The hearing on this matter has been scheduled for Thursday, February 20, 2003 at 10 :30 am at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very tri 1y' yours, (_________ _- Patricia C . Moore PCM/mm Enclosures • �- 1, ZONING BOARD OF APPEALS • TOWN OF SOUTHOLD:NEW YORK --------------------------------------------------x In the Matter of the Application of AFFIDAVIT Nancy Iannone and Helen Marshut OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 51 - 1 - 17 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold, New York, being duly sworn, depose and say that: On the 104-Y day of February , 2003 , 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,remairred in •I--- for seven days prior to the date of the subject hearing dale, h- ;- • •- - - shown to be February 20, 2003. C'.(SMoore i nature) Patricia Sworn to before me this I L�mAkday of February, 2003 . LLe-c..a. ��jkv��� '�% f�AFIISSAMcGOWAN (Notary Public) Notary Public,State of New York No.4995913 Oualified In Suffolk County Al Commission Expires May 4,20,,(4,v, *near the entrance or driveway entrance of my property, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 February 14 , 2003 Southold Town Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re : Application of Nancy Iannone and Helen Marshut Hearing: Thursday, February 20, 2003 at 10 : 30 am Dear Ladies/Gentlemen: Enclosed please find Affidavit of Mailing with three (3) Certified Mail Receipts and Affidavit of Posting for the above referenced matter. Very__iruiy yours, i 41---r- (--- Patricia --r-c--- Patricia C. Moore PCM/mm Enclosures , , 1 tt-t--os''n i .....A.0----1Y- ' ' 4, A u7; • :*" • s tic t`. ': a � 54yks ng , �tl "' +,.,� P ..�� 1 COUNTY OF SUFFOLK �g• :�, Y �gg '� j 10 3 _`,STATE OF NEW YORK ss: � 1 '�' ;, • �l�x, i � -,'!� �- 'A � ���M��� �Lie Marinace, being duly sworn, say'. '" ,:,z,, rz 2a ,, F`,�. .il „S ;-v'+' dYr S ,{W� air .. A 4' F` #471'''''''---'''' rmx ' Yep, :4 that' she is the Legal Advertising , ,..;!,;.1:-k.4,...4„ .Ill'c' ' t ".' ' ';'�° f 4 Coordinator, of the Traveler Watchman ,'",,,c . —II - •• .P�R' -- e° c y �i tl � , a )5;a . 1 , h a public newspaper printed at Southol� a' a - ''r', HH,f* t "- �°s!: ,i; .t in Suffolk County; and that the notice o 4'hi 0 8� i � .,' -1"*P ' ":,,j++/Vt.' 4 ,o� u r,i � � .t' "which the annexed is a printed copy, ha mY ,-.,-,?,,,Pi ,-� '77---77-,,=1.7,,,,14., --, , , � V. .'been published in said Travele a t '� ~� ,:; ' = '' Watchman once each wee I ,,,3 R'' P , k s ar �_�� a rt ° g Or / week( SUCcesslvelw p #� 3 �� tl ,, f �i' t , , i_' omm- i •g on the day c -.g ,,, , ,,@@., , ,,,, i, 2003. ai :"' oY y Y a t ill' Sf-A' .,.ala 5" ,,, c w a• /v/i / K, theaddt�p��, Y ti�*11 44"";,-1-4';,44: -4404''',.---.° - ir i �� - the .a '.,1 ` Nifat:1� r ,.;?•:4•,-„,,:;- t' tl951 B $` } /. .4 d. n ,the .10:,,,,::::,2.-„,,,,,,_ BY '3 j, • �y�"s �, 4.:, -'''',-.''',,:i`Y i§ • n giAirthe f aige,a , s s , oar aiY ',i Rtl: -a + it~.- ' � tle e } , rl; , , k k , l �Ap ,>,. t -, a3,t da. W� , cl -te, before me this. I ,-,, ,,,-,1-,--, �A,�o`l��`�9��`t} �1x•9.�t�y��'° ns • -,� I�a�> `**IT, W „ -l� �/ c.ai4,4,,.11,‘70 iw + ,..F •9 t 3 4' f �r «.+1,,,„` r t d 8 of. . ly( li 2003. ,a � . ;n`ice ' '"used 22' .+t r? 4 i c----- 0._zyc.„....--......." ' : > , '' d i D-a ibc: nes art-U 't NOS 274 /.,4'�•. • . /1. :� ••. 2 , op , . ,� �� . f � tl> '� a Tia -M ,. �' _�r udder Notary Public 'f(j' a as ^e�+� iaXiY = f• "' _ - 8t3.+a 5 try s '° rr i; +a DD 1 Emily Hamill ;' ; »9 -:.‘ti,',,,:',:-17.:,;'..he ., 4, . 4_tp NOTARY PUBLIC,State of New York 49a.+I*: a Y Yr . 1 tG, F', 04'; and t No.01HA5059984 Qualified in Suffolk County . - � ,-,e'''„ - Commission expires May 06,2006 Y n a v a art^, a+ ` ,� ,: x t ... k�{. ra - =,9 , t 4 , ;m 'the yj � is l � t`Ir � x '4 7 ' s ..1} Y i ,, , x a� oHaStl.", e Y swi x "ea~ a g� tt , N ,, ,,. a ,. -�Lrd is �16 it8 ,,..;„,r,„ 7 rY 47Ar T" �P B �r nY ,,F foi ^ a 11,. w1 orf z..;#1--, N i a Ea;Y',Y tion of a<, a ..... ' i ,....',,-,:...,, the' Q b tett t-' to .an 8tingt-,c �'.. ti. di 1 47,6...,-,+ „,,r,„ hAv-e i,� ',,k",,,,,,;.„,,,„,,;.,,, "• i`of�� P'1 el t 37 2 an 's.:,-.''., � .v 5 d� M -r r t4l W� i! .11,,N9:-;_5269 4,-.,,:i-a,. r�- L.r'� '1 d 9.. X 0 , .z.-,3, Iif,t' ^ i',..14'-_:.'",4'''-i-'1-',.-;'' F ,,e � Gi i 3 , . Fl;3k, u ” A a Yr .. •>, ”!.,,..,71-), a$ � r, at - Q :r' :. tb.Fn re l '.,7'`::,,' 991 _ • :V:, geI ',''..::::30›,-'`,0-'- a-'''''''',:3"--'4' .wY'7,4",4014,.:-. 0 ° a.� s 4.. f ... ,, iT0y W '' twxca1„w7f; v. 'Ij T• 111'' t”' �'<} " tV� � a, S,? �t� , i' ,,,:•4'.,r;:",,-;',JP-9 _ . ,.w 4e x - 5•:: S°K...F`' ','`:4' a,�� a a 'a r& n a '..� a s a t � ..of ','a ��• r k ' i t$ z5 �kt '•Ca U .X '' • , 7 ✓7 x , , '- (i .. , T s� , , r i' Y e „ r 4 " '� Fic^ ;, , y --', -'3 'di b a '��• 8 8 , u• Y, �^' 7'' '/2(y[}t ' 4,4-.7;1 f42,,i,.61'',- 1 8 a Y e, I"s A a� r ''a� i z° + , Y rst9 as ' tl a ;�a-St a -" 1+4 d ,5 �e N A177: 1 8 B a w ,& i: -k�ii-J',x ..i � .r ; R '" �"sd a tlK � 5�a f.d M1' 3°* .t ,t' ,-.;:;,,,,,,,,.4--,,f d ' f 1 ,- Yf ' ,,.':.f Y#'N. ^'s , A, G '_ k1t'' i t k L;!:1:- ' ''f's ' ft - LEGAL NOTICE 10:21 a.m. A 1. Nol 5273 - SP' 1 SP TRIM, LLP. OA. This is This is a request for_a Special .3OUTHOLD TOWN BOARD a request ora 'aloe under Exceptimw:. der. Section 100- OF APPEALS Section 100-31A.1, based on 162A.1 reg osed • THURSDAY,FEBRUARY the Building Department's installation oftelecommunication H 20PUBLIC November-•4, 2002 Notice of antennas inside. the existing HEARINGS Disapproval. The basis of the (church)ste_eple/building,located NOTICE IS HEREBY Notice of Disapproval is that the at 23045 Main Road, Orient; 3IVEN, pursuant to Section proposed-accessory building is Parcel 1000-18-2-22.1. 267 of the Town Law and design for habitable living area 1:40 p.m Appl. No. 5218 - J. LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,FEBRUARY 20,2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, February 20, 2003, at the times noted below (or as soon thereafter as possible): 10:30 a.m. Appl. No. 5275 — NANCY IANNONE AND HELEN MARSHUT, LIFE TENANTS. This is a request for a Special Exception for an Accessory Apartment under Section 100-31B(13) in conjunction with the owner/applicant's residence in the existing single-family dwelling located at 19105 Soundview Avenue, Southold; Parcel 1000-51-1- 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 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: February 3, 2003. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959(tel. 631-765-1809). 1 Office of BOARD OF APPEALS 53095 Main Road P.O Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 fax (alt. fax 765-1823) AI._ 1P , 2003 7'114 s-4E6572 To: Applicant /l/, w•.,trnuti4J2— £14 Pz )761-6-to E7 Re: Appeal No ,57c9,457-0,,,r bt a -ao-Q -Your application has been advertised for a public hearing. In the interim, please furnish the following document which was listed on the instruction sheet but inadvertently no included when the application was submitted to our department for processing 4 L or ( ) The application is not signed and notarized and is enclosed for re-submission. or ( ) Your application is not complete for the reasons noted below Or VI, The following documentation was missing in your submission of this application. Information Requested (from Instruction Sheet) : ( ) Notice of Disapproval issued by the Building Inspector after review for this particular project map. ( ) Filing fee check in the amount of$ is due. ( ) An original map, or duplicate of the map to the map preparer's full scale, is necessary. ( ) Setbacks to the property lines are necessary at the closest points from the subject building area. Please show on a map or similar diagram ( ) Copies of current deed and/or tax bill of the subject parcel. pil Other. S'ur v .,a.:, rn -Y •, i,.i_ ',e 0_, 1. . • • .0 / /2i 5, d • f - . , _ ,_. 04 ZSR' rt-4Q .[tr ,00h 2oJ' Additional Information Requested: ( >&& Jl y _ RANSMISSION VERIFICATION REPORT TIME : 02/18/2003 09:59 DATE,TIME 02/18 09:58 FAX NO./NAME 7654643 DURATION 00:00: 33 PAGE(S) 01 RESULT OK MODE STANDARD ECM L_ Notice of Hearing A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, Southold, concerning this property APPLICATION: IANNONE & MARSHUT TAX MAP #: 51 -1 -1 7 PROJECT: SPECIAL EXCEPTION DESCRIPTION: ACCESSORY APARTMENT TIME & DATE: THURS. FEB. 20, 2003 10:30 AM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD - TOWN OF SOUTHOLD - 631 -765-180