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HomeMy WebLinkAbout12921-z lrOlt~ NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 12921 Z pursuon, ,o oppli¢otion doted .....~.~.....~. ........................ , 10.~...~..., ond opproved by the Building Inspector. Fee $.!...~.. )..~ ...... Building Inspector Rev. 6/30/80 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL $OUTHOLD, N.Y. 11971 March 27, 1984 TEL. 765-I 802 Mr. & Mrs. Bertram W. Walker Box 1169 Mattituck, NY 11952 Dear Mr. & Mrs. Walker: I am writing this letter in reference to the Building Permit I issued, ~12921Z. This was for an accessory building, and I issued this permit on mis-information. According to the information given by your attorney at the hearing, this building is to be an accessory building to the "guest cottage" your attorney refers to and all your property will be in two lots. This places the accessory building in the front yard and therefore, I will have to cancel and declare permit 12921Z void. When all the problems are cleared by the courts~ I will try to resolve the remaining issues involving the Building Department. Sincerely yours, Victor Lessard Executive Administrator VL:ec CONDITIONAL DISCHARGE PENAL LAW 65.05 and 65.10 FORM NO. ~-~ STATE OFNEWYORK ' COUNTY OF ~.~4~ ~  / I I.,~ ,~ /, ·, against ~ ~ ~- Defendant On the ~// day of , 19 ~'~ you were convicted in this Court Pursuant to Sections 65.05 and 65.10 of. the Penal Law, this Court places D for a period of ~' ~/~ J~t~. ~ ,/"~/A/~f from the The Court imposes the following conditions on Defendant: GENERAL CONDITIONS (Section 65.10-2-a-h Penal Law) l. Refr~n fram frequenting un'~l or disreputable places or consorting with disrepu~Lable persons; 2. Work~althfu~ly at a suitable emp~ment or faithfully pursue a~rse of study or voc~r~nal training; 3. Suppoi~ his dependants and meet o~l~r family responsibilities;. ~ ~ 4. Make r~titution of the fruits ~f his offe~s~ or make reparation for the~l~s or damage caused thereby. In its discretion, the Court may modif~ or enlarge the conditions. If you commit an additional offense other than a traffic infraction or violate one or more of the above conditions at any tinge bejbr~e thj,~,condition~)l discharge expires, the Court, may revoke this sentence and return y~ for ~e~g.) [ } ~ ~ Dated: ~//~/~ ~'~~ ~~ ~ I have read or had read to me t he a~e conditions imposed and I thoroughly~derstand the conditio~ im~ed. I acknowledge that 1 ~ave rece~d a copy FIELD INSPECTION FOUNDATION (1st) FOUNDATION (2nd) 2. ROUGH FRAME & PLUMBING 3. INSULATION PER N. Y. STATE ENERGY C,ODE 4. FINAL Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TEL£PHON£ (,516) 76.5-18,09 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3232 Application Dated March 22, 1984 (Public Hearings May 17, TO: Richard T. Haefeli, Esq. as attorney for MR. AND MRS. BERTRAM WAEKER 130 Ostra'hder-~venue, Box 757 Riverhead, NY 11901, 1984 & June 21, 1984) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on August ]4, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article III , Section 100-31, and interpretations Request for Application fo~ BERTRAM AND MARGERY WALKER, by Richard T. ~Haefeli, Esq., Box 757, Riverhead, NY for a VarianQ9 to the--~Enin9 Ordinance, Article Section 100-31, for: (a) an interpretation that.the existing cottage and garage are valid preexisting nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (c) approval of a reduction of liable floor area of a proposed dwelling con- version to 500 sq. ft. and approval of insuffi_cient sideyards." Premises located at Edgemere Park, MacDonald's Path off Peconic ~ay Boulevard, .Laurel; County Tax Map No~ 1000~145-4r014. This is an appeal to Article III, Section lO0-31 and Notice of Disapproval issued March 8, 1984 by the Building Inspector requesting the following: (a) an interpretation that the existing cottage and garage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in sideyard; (c) approval of a reduction of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. The premises in question is knownand referred to as Lots 15 ~hrough 18, "Map of Edgemere Park," filed July 2, 1931 as Map #742 in the Office of the Suffolk County Clerk. Survey amended March 21, 1984 prepared by Young & Young for the applicants depicts the following: (a) Parcel A consisting of Lots 18 and 17 having an area of 16,857 sq. ft. and an existing one-family house set back 12.9 feet from the "roadway"and 13.2 feet from the northeasterly side property line of Lot 17; (b) Parcel B consisting of Lots 16 and 15 having an area pf 16,118 sq. ft. existing one-story frame structure denoted "cottage and.garage" set back 13.8' (exclusive of deck) from the southwesterly side property line of Lot 16, and 7.6' by 8' and 8.5' by 12.2' frame sheds along the northeasterly property line of'Lot 15 and "roadway." For the record it is noted that ,Edgemere Park" Subdivision Map is listed in Section 100-12 as "excepted from the lot area and lot width requirements'(Local Law No. 5-1973). The board members are familiar with the sites in question as well as the surrounding neighborhood. Also, the b~afd members have considered the testimony and documentation submitted during the public hearing both in support and in opposition to this appli- cation. /~ED: September ll, Form ZB4 (rev. 12/81) 1984. HAIP~AN, SOU~HOLD TO~ ZONING BOARD OF APPEALS .~ Page 2 - Appeal No. 3232 Matter of BERTRAM AND MARGERY WALKER Decision Rendered August 14, 1984 Article III, Section lO0-31 of the Zoning Code allows setbacks in this "A" Residential and Agricultural District for lots contain- ing less than 40,000 sq. ft. in area as follows: (a) minimum sideyard 10 feet; (b) minimum total sideyards 25 feet. By this application, a variance is required to allow a setback of 5.7 feet from the wooden deck from the southwesterly property line of Lot 16 and total sideyards of 13.1 (21.2 feet exclusive of deck), as shown on the March 21, 1984 survey. Applicant has requested in the application total sideyards of 16.40 feet, which does not include the stoop 4.8' reduction. The wooden deck is located within inches from the cottage/garage structure for which a build- ing permit has not been obtained and is required. It is the opinion of the board that although sufficient evidence has been presented for an intepretation as to the valid nonconforming use and setback of the principal cottage/garage structure, the applicants have not shown that they would suffer "significant economic injury" by the application of the area standard for the insufficient sideyard setback reductions for the wooden deck as exists, and the evidence supplied is not sufficient to warrant the sideyard relief as requested. The Zoning Ordinance requires a 15' setback, or that established which is 13.8 (stoops exclusive) feet. The relief requested is substantial, being 60% of the requirements. An insufficient setback of nine feet would be less substantial, approximately 30% of a variance, and which the board feels sufficient under the circumstances. Also, the applicant has not submitted sufficient evidence to warrant approval of the reduc- tion of the livable area of the structure to less than the required 850 sq. ft. in a conversion to a one-family dwelling; and accordingly, that relief cannot be granted as applied. It is also the interpretation of this board that the structure referred to as "cottage and garage" was constructed prior to the adoption of zoni~ng in 1957, that the one-story building in question was and has been used, although on a seasonal basis, as sleeping quarters since prior to the enactment of zoning, its use for sleep- ing quarters is validly nonconforming and the building as exists without the deck is a valid nonconforming structure. This inter- pretation is based on the evidence and testimony submitted in the record. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that: (1) that the one-story building in question was and has been used a~ sleeping quarters since prior to.the enactment of zoning and therefore this board interprets its use for sleeping quarters to be a valid preexisting, nonconforming use; ~ (2)' that the one-stor~ buil'ding in question was constructed prior to the adoption of zoning and therefore this board interprets ~same to be a valid preexisting '!structure"; (3) that the deck in question is in fact within inches from the subject building and is not accessory but is interpreted.to be a part of the principal structure, and that the appl~icant has not shown "unnecessary hardship" or"practical difficulties" sufficient to warrant the granting of ~he sideyard reductioQ and therefore the reduction of the deck to less than .nine feet from the side property line is not granted; (4) that the use of the one-story building as a one-family residence is questionable and therefore is interpreted not to be a Page 3 - Appeal No. 3232 Matter of BERTRAM AND MARGERY WALKER Decision Rendered August 14~ 1984. valid preexisting, nonconforming use; and accordingly, the use of this structure with a reduction to 500 sq. ft. of livable area for one-family dwelling use is not granted. Location of Property: MacDonald's Path off Peconic Bay Boule- vard, Laurel; Edgemere Park, Lots 15, 16, 17 and 18~ County Tax Map Parcel No. 1000-145-4-014. Vote of the Board: Ayes: Messrso Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. GG:lk BRUSH'S CREEK - -- - .......... 159,93' -----. .INE ALONG WOOD BULKHEAD S. 48°:58'50"E, 6. 78' Lot 17 Lot )6 Lot 15 HOUSE Lot ~ 194.1§' "ROADWAY" LOt 12 Lot II SURVEY FOR BERTRAM W WALKER 8, MARGERY M. WALKER LOTS 15 THRU 18, "MAP OF EDGEMERE PARK" SEPT DATE : FEB, 9, SCALE: I"= NO. ; 75'22 AT LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK, Examined...~.~..~.' Approved 0, k. 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ,~OUTHOLD, N.Y, 11971 TEL.: 765-1803 ., 19 ., 19~.q. Permit No.~..~..~..~'). Disapproved a/c ..................................... Received ........... ,19.,. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ..~.~...~.....~...- a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 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, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 issued a Building Permit to the applicant. Such permit shall be kept on 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 been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building,code, housing code, and regulatig, ns, and to admit authorized inspectors on premises and in building for necessar,2~ff~ect~. , , .... ' (Signature ofappfican , or na , P (Mailing address of applicafft) ,,' "State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........... ; ............. ...... ~'~/'/ ............................... ~ias o'n the tax roll or2st dee) Name of owner of premises./'~.~. ~. ~.~.,~..~. ~/~' - ~~~' '~~' ' '~ ......... If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No.. · .~..~. ! · .~.' ............... Plumber's License No ......................... · Electrician's License No Other Trade s License No ...................... ~ ', ~1t~l. 'J'lt~'~O~[d Loca~ of land on which proposed work will be done.. ~~. ~~...~..'~ ....... ...................... ... ....... . fi~u~ ~er Street Hamlet County Tax Map No. 1000 Section ............ Block ................ Lot ........ Subdivision ~~. ~Z~ ....... Filed Map No. ~ ....... Lot .Z~-/~ .... (Name) .State existing use and occupancy of premises and intended use and occupancy of p~oposed const~ction: a. Exi}ting use;and occupancy .... · ................................................... ~ b. Intended use and occupancy ..~5)' .~/~/.~,la, · . ,,' ''" 3. Nature of work (check which applicable): New Buildin .. Addition .......... Alteration .......... ' Demolition Other Work Repair Removal ........................................... .............. (Description) 4. Estimated Cost... ff.~.//~-[~. ............. .~.~.f? ....... Fee ...................................... °" (to be paid on filing this application) $. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ........... : .... If garage, number of ears ...... ! ................................................................... 6'; If business, commercial or mixed 9ccupancy, specify natDre and extent of e..ac/h type o use .................... Depth ~/~. ............ 7a. Dimensions of existing structures,! if any: Front.../.~. ......... Rear .............. Height . .//~?./. ........ Numbler of Stories: ../. .................................................... Dimensions of same structure wit]x alterations or additions: Front ................. Rear .................. Depth ..................... i. Height ...................... Number of Stories ...................... 8. Dimensions of entire new construStion: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front ............ .......... Rear ...................... Depth ...................... 10. Date of Purchase ............ i ................. Name of Former Owner ............................. I I. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 14. Name of Owner of premises ,4/~./~."./~]/5~.~. · ./'~'. · · Address . .~,~O'~,~/.~. ...... Phone No.~;~d~7.. Name of Architect .......... i ................ Address ................... Phone No ................ Name of Contractor ......... i ................ Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all ibuildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block humber or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEWXOR~,./- , x-. i S S COUNTY OF.. c~.'/g. ,z~./Y~./'.d.~...~ ...~. ~-~..~<~f'~/.c../~..~/~/. ~, ,~/, · ~(~,~.. ....... being duly sworn, deposes and says that he is the applicant (Name of individual si~ning contract) above named. ~ " He is the .................... i ...................................... (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 ill statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the man~er set forth in the application filed therewith. Sworn to before me this ....... : · · .F..~; · · ~2aY bf ......... Notary Public ..... ,..'.. ~.; .......... ~ ...... County I. ELE~ g. ~]~. VOE . .~. .,, .~,/.~.,~**...,~!~._ .4"',a.4 ,"~."; 'v-, ,~ ..... / ....... ', NOIARY PUSLiC, State ofiNew York'~'- ,. ' ' -- , , , , ' (Signature/gf applicant) Torm ixpres March 3~, 1~-~ FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To/.-5~.W.,'C,~/:'/..L.&. ,...L~,.~. ¢~ .~..~' .r~. ·/~.x .z./~7. ....................... PLEASE TAKE NOTICE that your application dated .. ~. ~..'~C7. ~ .... ~ .... 19 F~.. for permit to construct. ~. ~.Q .~ .... ~. (--.r~. % .............. ' .......................... at Location of Pro eft ~5"-0' /'~' ,/,,~ fft'd~ ~ /C7~'/~? /~--~L,~ House No. Street Ham/et County Tax Map No. 1000 Section ... {'.~..~. ...... Block ....~..~. ....... Lot O./. ,~. Subdivision~--~-~.o~-. ~ Filed Map No..--~...~..~.' ....... Lot No../~.. is returned herewith and disapproved on the following grounds. ~.~J.Q ~,~D~y.. ~. c~./~ · ~.x'4~-~...~.. ..... /~:~<~.. d~c~z~.-. ~.... z~ .~ ,. . . ..................................... Bulldog Inspector RV 1/80 McNULTY, D~PIETRO, NESCl & HAEFELI ATTORNEYS & COUNSELORS AT LAW ,JOHN R. McNULTY ARTHUR DtPIETRO PAT FRANK NESCI RI C HAI~D,,~T{~AE F ELI November 17, 1983 RIVERHEAD OFFICE 1-30 OSTRANDER AVENUE RIVERHEAD, NEW YORK 11901 ~eta~ive %%~.th~"'~o~e':-capti6n'~ ~;l:n '~ntl~tpa~l'~h~ '~f ' S~'~'t~'n~ing scheduled for Nov~r 18, 1983. with all due respect to the court, I most most strenuously object to those portions 'of th~ court's decision wllich allude to an apparent lack of ~o~mUnicStlon-~r misunder- standing between the court and me. With regard to the trial tran~.cript, .I must state that it was my dlstinct understanding ~a~.%h% c0~.y~.'wo.al~ ~e ~r~t~hed with a copy of said transcript directly from the ~i~-Wit~-r~pe~.~to the memorandum of la~, ~t was m~ unde~{h~ that the court was aware of the fact that I had ~ct'~n'~'~to file such a memorandum. Furthermore! with respect to .the finding of guilty as to doc~et'n~.~4~t,"~ ~% respectfully submit that the prose~%lb~ ~er %Ii%~ea that the structure in question was whol~19:~:%x~T~si~el~ a ga~a e prior to the alleged alts~m~ion'~ TO th~ =ontrar~ the prosecution a~itted that certain living facilities previously existed i~ the structure ~ Page 72 HON.. ,Frederick J. November 17, 1983 Tedesci Finally, even were I to agree with the court's conclusions and findinge O~ guilt, a concession which I am not yet ready to make,%.~he~ violations in question were et worst, technical and. inad~rtent on behalf of the defendants. Given those ciroumstances,~,the~punishment should be commensurate with the degree of culpability of the defendants and should afford the.d~fendan~s an opportunity to bring the subject premises'~tnto' compliahce with the applicable ordinances of the, Town o~ Southol~. This objective iS most certainly capable of being accomplished under the zoning ordinanc~ as it now exists specifically with regard to the property in question. ~, Very truly yours, Arthur DiPietro ADP/afl '. cc: Richard F. Lark, Esq. Main Road ~ P.O. Box 973 . , ,,. ~ .'~. ~ ~..~ Cutchogue, New York 11935 ..... .~...: ' Mrs. & ~4rs. ~ Bertram W.~, Walker, Peconic Bay, Boulevard P;O BOX 1169 ..... tttt~ Ma ck, New York 11952 FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTNOLD. N.Y. 11971 TEL.: 765-1802 Examined ................ 19.,. Application No ................ Approved ............... , 19 ... Permit No ............ Disapproved a/c ' (Buikling Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in"by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according te schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public sire( or areas, and giving a detailed description of layout of property must be drawn on the dia~am which is part of this apg cation. c. The work covered by this application may bet be commenced before issuance of Building Permit. d. Upon apprc':al o~ this application, the Buih!ing Inspector will issue a Building Permit to the applicant. Such pern shall be kept on 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 Occupan shall have been granted by tile Building Inspector. APPLICATION IS IIEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to t Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of bnildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regu~lations, and adnlit authorized iuspectors on prenlises and in bui,Idings fornecyssarv~.l~~. '~'ig~n~att ~...~ (Mailino address of appiicant, q State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build, .~....x,,/_.,-.~. ............................... . . ,',',~nc of owner ofpr0,n~s0s. ~.,.d,a...F~...~....z~...e.'~ .............. g~... .... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..... Plumber's License No ......................... Electrician's License No.' ...................... Other Trad'e's License No ...................... 1. Locatibn of land on which proposed work will be done. ~/~O.~.'~./.,,~.'77 Zva, 4 ............. House Numbe~ YJ~ ~~o Street ~/~ ~~ Hamlet ~ot nty ~ax Map No 000 Sect on ~/~ BFo~k .....t . .~./~ .. ........ -- ......... Subdivision ~.~ ~ .... ~ ~ ...... FiledMap No. ~ ........ Lot.. (Name) 2. State existing use and occupancy of premises and intended use and occupa ~cy of proposed construction: a. Existing o~.p~,,=y ...... ~ ........ ~T~M/c~ ~w~..z ................. use 3.1 Nature of work (chcck which applicable): New Building,,~.~. .... Addition .. Repair Removal'. Demolition (Descrip[. (to be paid on filing this application) (Nan(e of indMdual sign hg contract) )eve nalned: I ......... beiug duly sworn, deposes and says that he is the applicant , (Contractor, agent, corporate officer, etc.) f shid owner or owners, and is dul~ authorized to perform or have performed th~ said work and to make and file this )plication; that all statements conta!ned in this application are true to the best of his knowledge and belief; and that the 'ork will be performed in the manne(set forth in the application filed fi'.erewith. worn to before me this ;. If dwelling, munber of dwelling Units ............... Number of dwelling units on each floor. If garage number of cars h If business, commercial or mixed occupancy, specify hatnre and exteut of each type of use .......... ~;.. ~. Dlmenslonsofexlstmgstnctlres, xfany:Front..]~ ....... Rear ~. ..... D h. , . , . . .... :':::::. l'le~=ht ~g} Nl tuber et Stories . ./. .................................. Dimensions of same structure with alterations or additions: Front ................. Rear ........... Depth ' Heigi~t Number of Stories Di sic f tire [ cfi Fro Rea Depth Height ' Number of Stories .... h Size of lot: Front ' Rear ............. . ..... pth · ..:~ ...... ~ ................ De ............... ). DateoTPurchase ........... ............... ;..NarneofFormerOw~er ....... ' ..................... [. Zone or use district in which pre}nises are situated .. ........ '. .. ) Does proposed construction violate any zolling aw ordinance or regnlation: ' ~. Will lot be regraded ........ : ................. .. Wi excess fi be removed from premises: Yes No L Name of Owner of premises ;}Uff..~. ~.ff,~..~..,t,..,~. Address ~.~.ff,~.,~ ...... Phone No..,*~..~.". ~..'/~i.~. NameofArcbitect .......... ~ .............. Address .... ~ ............. 'PhoneNo....''... .......;. Name of Contractor ...?":h~.. Addl Phone No PLOT DIAG RAM Locate clearly and distinctly all !buildings, whether existing or proposed, and. indicate all set-back dimensions from roperty lines. Give street and block ~umber or description according to deedl and show street names and indicate whether .terior or corner lot. - - FORM NO.$ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION ,,~ (owner or authorized agent of owner) ~/ ~ .......... (address of owner fir authorized agent of owner) PLEASe: TAKE NOT~CE there exists a violation of: Zoning Ordinance"~ "':,~" i,~.......'~;.....~ ........ Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described in that .~.,.~.~.~K~...~~;~...~ tstate ~aracter of violation) in vio ation o~ ..~ ................ ~ .......................................... ~ ....................................... (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwit~ on or before the .................. ~..~ ............................... day of ....~~~ ........... , The ~remise, s'to Which this ORDER TO REMEDY VIOLATION refers are situated at ~' ' ~ ~.. .:.County of Suffolk, New York. Failure to remedy----/tHe conditions aforesaid and to comply with the appli,c~ble provisions of law / may constitute an offense punishable by fine or imprisonment or both./ . . . .¢ : . ....... - / Building Inspector JUSTICE COURT OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK, NEW YORK THE PEOPLE OF THE STATE OF NEW YORK + -against- + DECISION AFTER TRIAL BERTRAM W. WALKER and MARGERY M. WALKER, DEFENDANTS People of the State of New York by Patrick Henry, District Attorney, Richard F. Lark, Special Assist- ant District Attorney, of Counsel. Defendants by Mc Nulty, Gilmartin, DiPietro, Nesci & Haefeli, Arthur Di P£etro of Counsel. This case was commenced by the service of Criminal Summonses (Docket numbers 419,420 &421) on each of the Defendants here~h on July 8, 1982. Thereafter, Defendant's attorney filed a Notice of Appearance dated July 30, 1982 with this Court. The Criminal Summonses aforestated were returnable July 30, 1982. Following adjournments requested by the parties to September 10, 1982, October 8, 1982, November 5, 1982,November 19, 1982, December 17, 1982, January 28, 1983, February 25, 1983, April 8, 1983 and finally to June 3, 1983 the trial of this case finally took place on the latter date. After trial before the Court, Defendants rested without offering any affirmative case, but requested time to furnish a Memorandum of Law and to secure a transcript of the testimony. It was agreed between both litigants and the Court that Defendants would furn- ish their Memorandum of Law by serving a copy of same upon the People and filing the original together with a copy of the transcript with the Court by July 29, 1983. Thereafter the People were to have until August 12, 1983 to serve and file a Memorandum of Law in reply. This Court has been advised by Mrs. Myrtle Kiefer, the Court Reporter in this trial,that she furnished the transcript of the trial to Defendants' attorneys on or about July 18, 1983. No copy has ever been f~rnished to this Court. The Clerk of this Court has also contacted the Defendants' attorneys'~ office relative to this matter and the Court has not received any response whatsoever. (1) PEOPLE V. WALKER-BERTRAM, WALKER-MARGERY page 2 Decision after Trial The Court has also been in contact with the Special Assistant District Attorney Lark and he advised that since no Memorandum was submitted by Defendants' attorneys, he did not wish to submit any. This Court is of the opinion that both sides herein have had ample and sufficient time for ali purposes, in fact, it may be characterized as excessive time and patience throughout the entire process of this case and there is nothing remaining to be done, except for the Court to render its decision based on the facts and the Law as brought out in the trial of this action. With respect to Docket no. 419, this Court finds that from the testimony and evidence presented at the trial herein, the Defendants did in fact place a wood frame structure upon their property and that same was being used as a storage shed, without first obtaining a Building Permit and Certificate of Occupancy in violation of Sections 100-32B, 100-141 and 100-144 A(1) of the Code of the Town of Southold. Accordingly, this Court concludes after due deliberation that the People have proven its case against the Defendants beyond a reasonable doubt as to the charges set forth in Docket no. 419. With respect to Docket no. 420, this Court finds that from the testimony and evidence presented at the trial herein the Defendants did in fact reconstruct and restore an 8 foot by 6 foot building on the property line in the front yard area and were using same as a chicken coop without first obtaining a Building Permit, and Certificate of Occupancy from the Building Department of the Town of Southold in violation of Secti0ns 100-30C 100-32B, 100-141 and 100-141 A(1) of the Code of the Town of Southold. Accordingly, this Court concludes after due deliberation that the People have proven its case against the Defendants beyond a reasonable doubt~as to the charges set forth in Docket no. 420. With respect to Docket no. 421, this Court finds that from the testimony and evidence presented at the trial herein the Defendants did in fact alter and convert a detached two car garage accessory structure in the (5), (2) PEOPLE V. WALKER-BERTRAM, WALKER-MARGERY page 3 Decision after Trial.I front yard by installing a bathroom, kitchen facilities, two bedrooms, a living room, a wooden deck and that same were being occupied as a second dwelling on the premises without first obtaining a Building Permit and Certif- icate of Occupancy from the Building Department of the Town of Southold in violation of Sections 100-30 A(1), 100-141 and 100-144 A(1) of the Code of the Town of Southold. Accordingly, this Court finds after due deliberation that the People have proven its case against the Defend- ants beyond a reasonable doubt as to the charges as set forth in Docket no. 421. Defendants are directed to appear at this Court on November 18, 1983 at 9:30 AM (fore-noon) for sentencing. SO ORDERED: October 11, 1983 Southold Town FREDERICK ~./TEDESCHI, SOUTHOLD TOWN JUSTICE Copies to: Richard F. Lark, Esq. Arthur DiPietro, Esq. Southold Town Building Department Bertram Walker Margery Walker STATE OF NEW YORK : COUNTY OF SUFFOLK TOWN OF SOUTHOLD : LOCAL CRIMINAL COURT THE PEOPLE OF THE STATE OF NEW YORK : against : BERTRAM W. WALKER and MARGERY M. : WALKER, Defendants. INFORMATION ACCUSATION BE IT KNOWN THAT, by this Information, EDWARD F. HINDERMANN, Building Inspector of the Town of Southotd, as the Complainant herein, accuses BERTRAM W. WALKER and MARGERY M. WALKER, Peconic Bay Boulevard, Mattituck, New York, with violations of: Count #t: Count #2: Count ~3: Section 100-30A(1) of the Code of the Town of Southold Section 100-141 of the Code of the Town of Southold Section 100-144A(1) of the Code of the Town of Southold FACTS On or about September 15, 1981, and May 17, 1982, EDWARD F. HINDERMANN, Building Inspector of the Town of Southold, inspected the premises owned by the defendants, Bertram W. Walker and Margery M. Walker, known as Lots 15 to 18 inclusive on a certain map entitled, "Map of Edgemere Park" and filed in the office of the Suffolk County Clerk on July 2, 1931, as Map No. 742 and found the defendants had altered and converted a detached two car garage accessory structure in the front yard area by installing a bathroom, kitchen facilities, two bedrooms, a living room, a wooden deck, and were occupying same as a second, detached dwelling on the premises without first obtaining a Building Permit and Certificate of Occupancy all in violation of Sections 100-30A(1), 100-141, and 100-144A(1) of the Code of the Town of Southoldo The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief with the sources of the Complainant's information and belief, and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold and the Supporting Deposition of Frederick S. Carey sworn to on June , 1982, and Ann L. Kelly, sworn to on June , 1982, which are attached hereto. WHEREFORE, Complainant prays that a criminal summons be issued directing the defendants, BERTRAM W. WALKER and MARGERY M. WALKER, to appear before this Court. Edward F. Hinder~ann, Building Inspector Subscribed and sworn to before me this day of June, 1982. Town Justice Town of Southold Suffolk County, New York Complainant STATE OF NEW YORK : COUNTY OF SUFFOLK LOCAL CRIMINAL COURT : TOW~N OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK against : BERTRAM W. WALKER and MARGERY M. WALKER, : SUPPORTING DEPOSITION Defendants. FREDERICK S. CAREY, as and for a connection with an Information to be Supporting Deposition in filed with this Court againstI the above-named defendants, does hereby make the following alle- gations of fact: I own Lots No. 6 and 7 on a certain map entitled, "Map of Edgemere Park" which map was filed in the Suffolk County Clerk's Office on July 2, 1931, as Map No. 742 having purchased Lot No. 6 on February 2, 1961, and Lot NO. 7 on December 30, 1960, and utilize same as my residence. Across the private road to the west of my property is land owned by Bertram W. Walker and Margery M. Walker, who purchased the property in 1976. At the time the defendants, Bertram W. Walker and Margery M. Walker, purchased their property there was located on this property a one story house located on the southerly portion of the: property along with a detached two car garage situated in the front yard area on the northerly portion of the property. The two car garage contained a small unheated bedroom and lavatory. During 1980 the defendants, Bertram W. Walker and Margery Mo Walker, converted and reconstructed the two car garage into a second, single family dwelling by installing two bedrooms, living room, full bathroom, full kitchen and large sun deck. This was accomplished by elevating the building by three feet, recon- structing the interior of the garage area, and adding an exten- sion to the westerly portion thereof. The building formerly used as a two car garage is now occupied by the mother of the defendant, Bertram W. Walker, and used for her year round residence so there are now two complete residences on this property. The above allegations of fac% are made under direct know- ledge. NOTICE (Penal Law, Sec. 210.45) It is a crime, punishable as a Class A Misdemeanor under the Laws of the State of New York, for a person, in and by a written instrument to knowingly make a false statement, or to make a statement which such person does not believe to be true. Sworn to before me this c~J~/~ day of June, 1982. ~/ Notary Public df JUOIT~{ T. T~RR¥ No~:ary Public, S?3[e of ~eW YO~ No. 52-03~963 SuKoik ~un~ ~mmission ~pircs March 30, ZgP~ STATE OF NEW YORK : COUNTY OF SUFFOLK TOWN OF SOUTHOLD : LOCAL CRIMINAL COURT THE PEOPLE OF THE STATE OF NEW YORK : against : BERTRAM W. WALKER and MARGERY, M. : WALKER, Defendants. INFORMATION ACCUSAT ION BE IT KNOWN THAT, by this Information, EDWARD F. HINDERMANN, Building Inspector of the Town of Southold, as the Complainant herein, accuses BERTRAM W. WALKER AND MARGERY M. WALKER, Peconic Bay Boulevard, Mattituck, New York, with violations of: Count Count Count $1: Section 100-32B of the Code of the Town of Southold #2: Section 100-141 of the Code of the Town of Southold #3: Section 100-144A(1) of the Code of the Town of Southold FACTS On or about September 15, 1981, and May 17, 1982, EDWARD F. HINDERMANN, Building Inspector of the Town of Southold inspected the premises owned by the defendants, Bertram W. Walker and Margery M. Walker, known as Lots 15 to 18 inclusive on a certain map entitled, "Map of Edgemere Park" and filed in the Office of the Suffolk County Clerk on July 2, 1931, as Map No. 742 and found the defendants had placed upon their property in the front yard area a wood frame structure which was being used by the de- fendants as a storage shed without first obtaining a Building Permit and Certificate of Occupancy from the Building Department of the Town of Southold all in violation of Sections 100-32B, 100-141 and 100-144A(1) of the Code of the Town of Southold. The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief with the sources of the Complainant's information and belief, and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREFORE, Complainant prays that a criminal summons be issued directing the defendants, BERTRAM W. WALKER and MARGERY M. WALKER, to appear before this Court. Edward F. Building Subscribed and sworn to before me this day of June, 1982. ~indermann, Inspector complainant To~ Justice Town of Southold Suffolk County, New York STATE OF NEW YORK : COUNTY OF SUFFOLK LOCAL CRIMINAL COURT : TOWN OF SOUTHOLD THE PEOPLE OF THE STATE OF NEW YORK : against .~BERTRAM W. WALKER and ¥~RGERY M. ,!WALKER, Defendants. INFORMATION ACCUSAT ION BE IT KNOWN THAT, by this Information, EDWARD F. HINDERMANN, . Building Inspector of the Town of Southold, as the Complainant herein, accuses BERTRAM W. WALKER and MARGERY M. WALKER, .Peconic Bay Boulevard, Mattituck, New York, with violations of: Count ~1: Section 100-30C(5) Count ~2: Section Count #3: Section ~ Count ~4: Section of the Code of the Town of Southold 100-32B of the Code of the Town of Southold 100-141 of the Code Of the Town of Southold 100-144A(i) of the Code of the Town of Southold FACTS On or about September 15, 1981 and May 17, 1982, EDWARD F. HINDERMANN, Building Inspector of the Town of Southold, inspected the premises owned by the defendants, Bertram W. Walker and ~iMargery M. Walker, known as Lots 15 ~to 18 inclusive on a certain .~map entitled, "Map of Edgemere Park" and filed in the Office of the Suffolk County Clerk on July 2, 1931, as Map No. 742 and found: the defendants had reconstructed and restored an 8 foot by 6 foot building on the property line in the front yard area and were using same as a "chicken coop" without first obtaining a Building Permit and Certificate of Occupancy from the Building Department of the Town of Southold all in violation of Sections 100-30C(5), 100-32B, 100-141, and 100-144A(1) of the Code of the Town of Southold. The above allegations of fact are made by the Complainant herein on direct knowledge and upon information and belief with the sources of the Complainant's information and belief, and the grounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold and the Supporting Deposition of Frederick S. Carey, is attached hereto. WHEREFORE, Complainant prays directing the defendants, BERTRAM W. to appear before this Court. sworn to on June , 1982, which that a criminal summons be issued WALKER and MARGERY M. WALKER, ~dwa~dP. Hindermann, Complainant Building Inspector ~ Subscribed and sworn to before ,,.me this day of June, 1982. 'Town Justice Town of Southold Suffolk County, New York STATE OF NEW YORK : COUNTY OF SUFFOLK TOWN OF SOUTHOLD : LOCAL CRIMINAL COURT THE PEOPLE OF THE STATE OF NEW YORK : BERTRAM W. WALKER, against. - WALKER and MARGERY M. : Defendants. SUPPORTING DEPOSITION FREDERICK S. CAREY, as and for a Supporting Deposition in connection with an Information to be filed with this Court against the above-named defendants, does hereby make the following alle- gations of fact: I own lots No. 6 and 7 on a certain map entitled, "Map of Edgemere Park" which map was filed in the Suffolk County Clerk's Office on July 2, 1931, as Map No. 742 having purchased lot No. 6 on February 2, 1961 and lot No. 7 on December 30, 1960, and utilize the same as my residence. Across the private road to the west of my property is land owned by Bertram W. Walker and Margery M. Walker, who purchased the property in 1976. At the time the defendants, Bertram W. Walker and Margery M. Walker, purchased their property there was located on this property a one story house located on the southerly portion of the property' along with a detached two car garage situated in the front yard area on the northerly portion of the property. In addition there was also located in the front yard a small, abandoned structure which had been previously used as a child's "playhouse" by the children of Virginia Fulcher. During 1980 the defendants, Bertram W. Walker and Margery M. Walker, repaired the child's "playhouse", added to it, and converted it use to a "chicken coop", which is what it is being utilized for at the present time. The above allegations of fact are made under direct know- ledge. NOTICE '(Penal Law, Sec. 210.45) It is a crime, punishable as a Class A Misdemeanor under the Laws of the State of New York, for a person, in and by a written instrument to knowingly make a false statement, oz to make a statement which such person does not believe to be true. Frederick S. Ca~ey~ Sworn to before me this ~/~day of June, 1982. ~/-Notary Public JUDITH T, TERRY PubJJ¢, S~a~e of NeW YOlK ~on Expires ~arch TOWN OF SOUTItOLD OFF1CE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 January TEL. 765-1802 72, 7983 McNulty, Gilmartin, DiFietro, ~30 Ostrander Avenue Riverhead, N.Y. ~7901 Att: ~r,~hur DiPietro Dear Mr. DiPietro Nesci & Haefeli At our last conference, on November 19, ~982, with Mr. Lark and myself, it was our understanding that the following would be done by your client, Mr. Walker, i.e.: amend building permit application dated October 2, 1981, disapproved on October 15, 1981, for storage shed moved onto property, to conform to zoning regulations and obtain a permit, or, make application to Board of Appeals for front yard location if necessary, 2. obtain a Certificate of Occupancy for use and non-eonforming location of "playhouse", submit to Building Dept. a properly filled out Building Permit application with three sets of plans covering alterations and additions to accessory garage now being used as a second dwelling on premises. Mr. court heard Lark has advised me that this matter is on the calendar for January 28, 1983. To date We have not from you or Mr. Walker. You~ truly, ///' Edward F. Hindermann Building & Housing Inspector EFH':ec xc: Bertram W. & Margery M. Walker Richard F. Lark, Atty. JUSTICE COURT OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK, NEW YORK THE PEOPLE OF THE STATE OF NEW Y©RK PLAINTIFF -against- BERTRAM W. WALKER AND MARGERY M. WALKER, DEFENDAN~T~_ x + + + + x NOTICE OF TRIAL PLEASE TAKE NOTICE, the above captioned matter has been set down for Trial in the Southold Town Justice Court, 53095 Main Road (Route 25), Town of Southold, County of Suffolk, New York. PLEASE TAKE FURTHER NOTICE, all parties are to be present with any and all witnesses and pertinent proof on FRIDAY, APRIL 8, , 19 83, at 9:30 AM/z~X, fore~5~r-noon, at the above stated place. NO APPLICATION FOR ADJOURNMENT WILL BE CONSIDERED BY THE COURT, UNLESS SUCH APPLICATION IS IN WRITING AND RECEIVED BY THE CLERK OF THE COURT 48 HOURS PRIOR TO DATE SET. DATED: March 1, 1983 at the Town of Southold TO: Richard Lark, Arthur DiPietro, Esq. FREDERICK J. TEDESCHI, SOUTHOLD TOWN JUSTICE Esq. Prosecuting Attorney for Defendant JUSTICE COURT TOWN OF SOUTHOLD : SUFFOLK COUNTY People of the State of New York, against BERTRAM WALKER and MARJORIE WALKER Defendants NOTICE OF APPEARANCE File Number SIR: PLEASE TAKE NOTICE that the undersigned are retained as attorneys for the Defendants in this proceeding; that we appear herein and demand that a copy of all notices and other papers in this proceeding be served upon us at our office at 130 Ostrander Avenue, P.O. Box 757, Riverhead, New York, 11901. DATED: JULY 30, 1982 TO: Yours etc., Arthur DiPietro McNulty, Gilmartin, DiPietro, Nesci & Haefeli, EsqS., Attorneys for Defendants 130 Ostrander Avenue, P.O. Box 757 Riverhead, New York 11901 ...... I~ : 1 Mattituck SHEET ~ 91 MAP Z~ DATE: Mar. 1~ 1968 conic Bay ...... AT POINT: N & E l COORDINATES 0rt. Peconic Bay Bird AT POINT: N & E =. Macdonal,d Road, RUNNING: Southeri~, for , 60,0, . feet: NAME * FOOTAG5 * NAME EVEN Pecon~c Bav 660 Peconic Bay E. Jes sup ~, .... ' ~0~ McDonald CrossinK 30 McDonald Crossins ~0 R1,, ~~~ ~.W. w~ 1~0 ~. Carey R1 ~15 , 120 . Kendal ,, R1 ,Pec,,q~i,c Ba,y~, Bled 0 , Peconic Bay Blvd, Ri-Single familly res. Bi-Retail trade FI-Public building R2-Multi familly res. B2-Offices P2-Muuicipal R3-Combined res. & b~s. B3-Industrial P3-Misc. RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX CUTCHOGUE, NEW YORK ! I93~ June 18, 1982 Southold Town Building Department 53095 Main Road - Town Hall Sou%hold, New York 11971 ATT: Edward F. Hindermann, Building Inspector RE: The People of the State of New York v. B~rtram W. Walker and Margery M. Walker Dear Ed: In connection with the above-captioned matter, I am enclosing the following: Original Information and Supporting De- positions of Frederick S. Carey and Ann L. Kelly for the violations in connection with the second dwelling on the defendants' property. Original Information concerning the storage shed located in the front yard area. Original Information and Supporting Deposition of Frederick So Carey con- cerning the "chicken coop". It is my understanding you will have Mr. Carey and Mrs. Kelly execute their depositions before a Notary Public and you will execute the Informations before Judge Tedeschi and arrange for service of these papers by the Police· Very/~ y%>~Ns, /~ ~hard F. La~rk RFL:bc Enclosures RICHARD F. LArK June 14, 1982 Southold Town Building Department 53095 Main Road - Town Hall Southold, New York 11971 ATT: Edward F. Hindermann, Building Inspector RE: People v. Bertram W. Walker and~Marqerv M· Walker Dear Ed: In connection with the above-captioned matter, I am enclosing the following: Original Information for your signature and Supporting Deposition of Frederick S. Carey for the violation of having two, complete residences on one parcel of property. Original Information for your signature and Supporting Deposition of Ann L. Kelly for the violation regarding the "chicken coop". Please have Mrs. Kelly tell you the date she visited the Walker property and noticed the playhouse had been moved to its new location. If the above meet with your approval, please arrange for Mr. Carey and Mrs. Kelly to come to your office and sign their depositions before Judge Tedeschi. RFL:bc Enclosures Very truly yours, THIS INDENTURE, made thc ,~ / day 0f June . tfinetecn hundred agd sev~tyrsix BE ~N. VIRGIN~ F~CHER, also known as VIRGIN~ E. F~R, ~~ ~:~ 11 Hatless Place, West Hempstead, New York pa~y o( the first para, ~d BERT~ W. WAL~R and ~RGERY M. WAL~R, his 'wife, 36 Midland Street, Huntington, New York pa~y of the s~ond ~, a oy me of the s~on , d~ t ~d r~ un~ ~e of ~e ~n or succ~ors ~d ~si~s of the ~ of the s~ond pa~ forever lyinffand~ing~ a~ ~auca~, 'x n : ~oucno~a, coun:y o~ 8u::olk and .,~ State of New York,. known and .designated as Lo~s 15 to ~8 in~lusive.c-, on a certain map entitled, "Map of Edgemere Park"~ and filed in th~ Office of the Clerk of the County of Suffolk on July 2, 1931 as Map No. 742. . , : Party of the first paa't herein being the s~e person as 'the party. of the second part in deed recorded in Liber 3781 Page 398 and deed recorded in Liber 4226 Page 383. , S~CT TO any state of facts an accurate survey may S~CT TO covenants, restrictions, public utility'~easements and agreements or'record, if any. T~ETHER WITH all rights of the Seller, if any,'in and to the well point on property owned ~y the Town of Southold on.or adjacent to Peconic Bay Boulevard. .. aha ~ me ~mt~ aha dg~ ot the pa~y ot ~e first ~ ~ ~d ~ ~d ~r~; TO ~~ TO ' HOLD the pr~ hereto ~ted u~to ~e ~y of the s~nd ~, the ~ or ~ ~ ~ ef the ~y of ~e s~nd ~ forev~. ,. AND ~e ~ of ~e first ~ coven~ts that the p~ of the first ~ ~ not done ~r ~ffe~ whereby the ~id premiss ~ve been encum~red in ~y way w~tever, ~t ~ ~fo~ tl~e fir~ ~ will r~eive the consideration for this conve ncc ~d ~H ~ld n~h ~ ~ ~ the same first to the pa~,ent of the cost of the ~provement befor~ usi~ ~y ~ 0f t~ ~ of t~ ~r~ a~y other written, / STATE OF NEW YORK COUNTY OF NASSAU FRANK FULCHER and VIRGINIA FULCHER, each being duly sworn, deposes and says: We were the owners of premises known as Lots 15, 16, 17 and 18 of Edgemere Park at Laurel, Town of Southold, New York, which we sold to Bertram W. Walker and Marjorie Walker, his wife in 1976. At the time we sold the property to Mr. add Mrs. Walker there was a one family dwelling house, .a~. chicken coop and a detached garage with apartment on the premises. ~.The studio a~artment in the garage had a full bath, cooking i.~ac~l~t~s and living quarte~s. The e'ht~ance w~as to the west and the apartment was heated.~ It served as %be living ~arters for the chauffe~ of Mrs. Bertha McDonald, the original owner. While we owned the property, the garage apartment was used as a guest house and summer residence for our relatives. We umderstand that the Building Inspector has questioned the status of the cbjg~.~ ?~op amd the garage apartment. The coop was built in 1955 to the east of the ma~n dwellin~ ahd close %o tb,e p~vate .rpa~ where it ;has remained ever since. The garage apartment was used as such prior to the enactment of the Zoning Oro~mance of ~outhold Town in 1957 add was never abandoned to our knowledge. Sworn to before me this day of October, 1981 Notary Pu? l~i? ....... e of Ftew York C^ No. 4685265 - I'):ssou County ~ STATE OF NEW YORK SS.: COUNTY OF SUFFOLK FREDERICK S. C~REY, being duly sworn, deposes and says: That I co-own a residence with my wife, Dorothy F. Carey, since December, 1960, situate on Lot #6, I~p of Edgemere Park, Laurel, New York. That said residence to Peconic Bay Boulevard. is situate on a private road leading That on the ~o 18~ inclusive, Walker. 1976. opposite side of said roadway, on Lot Nos. 15 is situate the residence of Bertram and Marjorie That the Walkers purchased their property in or about At that time there was a tWo~a~'~ situate on the prem- ises which contained am unhegte~.~malItbedmoomAnd~lava~ory. During the year 1980, ~ir.,. Walker converted the aforesaid two-car garage into a single family residence containing two bed- rooms, living room, full bathroom, full kitchen and large sundeck. That was accomplished by the elimination of a space for a car in the two-car garage and an extension to the building on its other end. In order to accomplish the foregoing, the building was elevated approximately three (3) feet except for the garage. The building is now fully occupied by Mr. Walker's mother as her year round residence. That prior to 1976, the building was not occupied as a residential dwelling since it did not have any of the facilities completed by Mr. Walker in 1980. That I am informed and do verily believe that the mainte- nance of two separate single family dwellings on Mr. Walker's premises is in direct violation of the Zoning Ordinance of the Town of Southold and should be immediately prohibited. I request the Building Inspector to promptly look into the matter and take whatever action is deemed necessary to eliminate any existing violation. Sworn ~ before me this ~ 52-5861280. Suffol~ Count~ ~ommTsslen ~kes ~arch 30, Frederick S. Carey State of New York, County of ~ranklin 20 Church Street Saranac Lake, N.Y. 12983 f, John S. Costanza, being duly sworn, depose and say: [ was the owner of premises known as Lots #6 and #7 of Edgemere Park at Laurel, Town of Southhold, New York, which I sold to Frederick S. C~rey, and Dorothy F. Carey, his wife. Lot #7 was sold on December 30, 1960, and Lot #6 was sold on F~bruar~ 25,~ 1961. At the time [ sold th~s property and prior thereto, the property owned by Frank and Virginia Fulcher, consisting of Lots #15, #16, #17 and #18, conta£ned ouly two buildings, namely, the cottage dwelling and the garage building. There was no structure to the East of the Fulcher main dwelling, close to the private road, occupied as either a children's hut or chicksn coop. In fact, there were only two structures on the afore- this ._,!~_..day of December, i98±. State of New York, County of FranklLn 20 Church Snreet Saranac Lake, N.Y. 12983 l, Mabel Costanza, being duly sworn, depose and say: { am the wife of ,~oim S. {R}staaza, owner of premises known as Lots #6 and #7 of Edgem=re Park at Laurel, To~e~ of Southhol.d, New York, which he sold to Frederick S. Carey, and Dorothy F. Carey, his wife. Lot #7 was sold on December 30, !960, and Lot #6 was sold on February 25, 1961. At. the time this property was sold, and prio~ ~.hereto, Ehe property owned by Prank and Virginia Fuloher, consJst.£ng of Lots #15, ~16~ #17 and [~lg, contained only tv, e buildings, namely, the cottage dwelling and the garage building. There was no structure to the East of the Fulcher main dwelling, close to the private road, occupied as either a children's hut or mentioned lo~s. /~' _day or ik~c~mbe~'~ }98[, AFFIDAVIT When we purchased our property in Edgemere Park, Laurel, Town of Southold, New York from John S. Costanza ( Lot #7 purchased 12/~0~6~and Lot #6 2/25/61), there were ~y ~, structures on the property owned by Fran~ Fqlc~er and his wife, V~rginia Fulcher. Their property consisted of Lots ~5,, #167 #17 and #18. The 2 structures consisted of 1) main cott~g~ dwellin~ and 2) detached garage building. The structure described as a chicken ~oop located to the east of the dwelling on the property line adjacent to the main road known as McDonald's Road, was built over 2 seasons in 1963-196~ by children for use as a ch~!dren!s hut and was called the "Hutnut". The leader of this children's project was, ~b~e~ F~r, s~n of the p¥opertM owner, who was approximately 11 to 12 years old at the time. He was very gifted and talented in his construction efforts. He was assisted by two or three other boys from the vicinity who were about the same age as Michael. The structure was used as a children's hut for ~, o~ ~ years until the children "outgrew" it. ~ey 1970 it stood abandoned until BertraM W~lker and his wife purchased the Fulcher p~operty in 1976, Approximately 2 years ag~, Mr. Walker repaired the structure,~ added to it and converted %ts use to a chicken coop. This was the first,time that anyone had,chickens (or ai¢oop) in Edgemere Park. If, as the Fulcher affidavit states "The coop was bui~lt in 1955", then we would have to assume that it was built by Michael Fulcher when he was approximately 3 years old. FREDERICK S. CAREY DOROTHY F. CAREY SWORN TO BEdE ME BRUSH'S CREEK ~. ~ ~ N.§io52'50"E. 159.93' -- LiNE ALONG WOO0 Lot 18 Lot 17 Lot 16 HOUSE S 48°38'50"E ' Lot 15 S. 51o07'00' V4 50.7'1' Lot 14 Lot 13 Lot 12 "ROADWAY" 'SURVEY FOR BERTRAM '~/ WALKER 8~ MARGERY M. WALKER LOTS 15 THRU lB, "MAP OF EDGEMERE PARK" AT LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ~ UNAUTHORIZED ALTERATION OF{ ADDITION TO THIS SURVEY IS A V~OLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. R:15.98 L = 24,0~. T=IG.O( SEPT 30 DATE . FEB. 9, I SCALE:I"=30' NO. : 78-22