Loading...
HomeMy WebLinkAboutBRAIDER, JOHNJAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY TO: FROM: DATE: SUBJECT: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hail, 53095 Main Road. P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 Board of Trustees Robert H. Berntsson, Assistant Town Attorney March 14, 1988 FLOATING HOMES Today I received a question from Mr. John Braider. He is beginning the process of building a home on Gull Pond. He inquired as to whether he could dock a "houseboat" at his property during construction of his home. The "houseboat" he is referring to is basically a house built upon a barge. Section 32-14 of the Town Code defines a "floating home" as "any veSsel in fact used, designed or occupied as a permanent dwelling unit . . " I would make the argument that such a vessel is designed as a permanent dwelling unit. Section 32-42 prohibits the use or occupancy of a "floating home". In my opinion, Mr. Braider could not dock this "houseboat" at his property. Although he says he does not intend to use it as his residence, I feel the Code prohibits this type of vessel altogether. Please advise if you have any further information or knowledge to the contrary. RHB:cms NOTICE-~ ,. Police Dept. -.Bay Constable Town'of Sou~thold Peconic, New York- 11958 NOTICE OF VIOLATION To .: ............ (Owner or authoriz'ed"'aqe~[ of-owner) ~'~a Main S~ ~'~ ~" .... ~'~ (Address of owner agent of owner} Please take notice there exists a .Violation of the Code of the Town Of SoUthold, .Chapter 97 Article---= ........ Section. 9!-20 at premises hereinafter described in that within 7~~,.o~.a tzc~ .?,e~ia~a. naa occu~ YOU are therefore directed and ordered to co~tply With the '' ~..:',~-'~,~ .... any ~'~u~theP~ ~-~'=~-~~,~,. ~ and :¢0 Peve~eta~e tile e~ea wi~h fOl lowing: ..... · .-- the ap :rop~-~ate b~i~h marsh grasses. " on o.r before may 87 day O'f , 1'9 The pr~mises to.~hich this Notice of 'Violation refers are situated at: _. ~u~i ~ond Lane~.~ .... :Pown of $outhotd, Suffolk- County,, Ni}'. (surf. Counuy Tax:Map.Designation: Dist. ,i}..i} Section- 23 -=---Block: } --Lot:--m .... Failure to comply with the apPlicable provisions of t.he law may Constitute an-offense pUnishable by fine or imprisorkment or both.. NOTICE.:_. You have the right to apply 'for a hearing .before the Board of 'Trustees of the Town of Southold, PrOvided that ~ou file' a.written request with the .Clerk of the Trustees within 10 days.after ~service-,of the Notice~Of Violation. ' SuCh request shall/have .annexed thereto a copy Of the No'tice of'Violation upon. which a Hearing is requested and shall set forth the reasons why Such notice.'of violation should be modified o.r rescinded,. /t /'. ., ~ /~ / /~ ~ ....... Bay Constabl'e, ~Wn.o{.Southold, 'NY ' 'i~i:ELD ~I~RT - POL,CE DEPT.. TOWN. OF. $OUTHO. LD. N.Y. Addr~ [ Phone  F~of ~rrence ,Supe~isor FKOM THE DESK OF ...... . - John L. Brcd, der .- - , ..... ~r~~,~ I