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HomeMy WebLinkAbout23530-Z v7rl:zr.::�-ta Town of Southold 10/7/2022 ono P.O.Box 1179 W T 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 24671 Date: 10/17/1996 THIS CERTIFIES that the building ALTERATION Location of Property: 55465 MAIN RD SOUTHOLD SCTM#: 473889 Sec/Block/Lot: 62.4-14.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/5/1996 pursuant to which Building Permit No. 23530 dated 6/25/1996 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: CONSTRUCT ALTERATIONS TO A SINGLE FAMILY DWELLING FOR TWO FAMILY USE AS A SPECIAL EXCEPTIONS FROM ZBA AS APPLIED FOR. *duplicate of original(original file missing) The certificate is issued to EDWIN A&ORS TONYES of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED uth riz d ignature P -- APPEALS BOARD MEMBERS �O\�S�FfUj�COG Southold Town Hall Gerard P. Goehringer,Chairman c y� 53095 Main Road Serge Doyen,Jr. H z P.O. Box 1179 James Dinizio,Jr. O Southold,New York 11971 Robert A. Villa y4l�l �.a4� Fax(516)765-1823 Lydia A.Tortora Telephone(516)765-l 809 BOARD OF APPEALS TOWN OF SOUTHOLD to FINDINGS AND DETERMINATION Appl. No. 4317. Application of EDWIN and.. DONALD TONYES. I'his .is a request for a Special Exception under Article IX, Seetkod 100-91B, for permission to convert existing building in this Hamlet-Business (1113) Zone District. The subject lot with existing hour;{! contains a total area of 10,615 sq. ft. and is identified as 1000-62-1-14. The applicants also have an interest in an adjoining lot identified as 1000-62-1-13 containing approximately 10,500 sq. ft. in area which is being offered in this project to increase the available land area. Both lots are located on the north side of the Main Road, Southold, and are in the HB Zone District. WHEREAS, public hearings were held on July .12, 1995, and September 13, 1995, at which times any and all perso;is who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present. zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. APPLICANTS' ItEQUEST: This asp i - G7") 1.- _ gqm� or. approval of one of the following uses: (a) iLwo=k-mAtymd 1Hngwdk*g .."Wi tail .sto re d tea' ". 'dk ffi Ming, r ,cam { t oEs-.art'a-L•a ap me f- 2. EXISTING PRINCIPAL USE: The existing buitding is shown on the town's records as 1-1/2 story construction, plus, one story at the rear portion of the building. A Certitic:ate of Nonconforming Premises No. Z13809 issued August 31, 1985 indicates that the property is permitted to be used as a one-family dwelling with accessory buildings in what was then zoned. "B-1 General Business," based on the July 11, 1985 survey prepared by Pecon-ic Surveyors, P.C. Page 2 - Appl. No. 43.17 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 3. SIZES OF BOTH PARCELS: As part of this application, the applicants are offering the merger of two separately awned parcels, as follows: (a) the easterly parcel of 60.50' x 183.91. which is improved with a dwelling structure and accessory buildings; (b) the westerly vacant parcel which consists of a size of 40' x .182+- feet. Both parcels are located in the HB - Hamlet Business Zone District. 4. OCCUPANCY: Inspection by Board Members shows that there is more than tenant renting an apartment on the pr urnises. Concerns have been raised (in writing) by one of the tenants which will need to be addressed by the owner with the enforcement oll'icer (or building inspectors). 'These letters have been transmitted to the enforcement department since enforcement is not under the jurisdiction of this Board. 5. CODE PROVISIONS: The code provisions iviative to the use requested by applicants are noted as follows: a) Section 100-9111-2 for a three-family tine, also referred to as a multiple dwelling; b) Section 100-91B-2 for a two-family wse in conjunction with a retail store; c) Section 100-91 B-2 for two apartments in lieu of a three-family use since a three-family use would requ i roc: 60,000 sq. f t. of land area; Applicants are offering a second parcel for a double use (two apartment units). 6. OTHER CODE SECTIONS: Other provision., applicable to the Hamlet Business 'Lone District are as noted below: a) Section 100-91B-4 which would permit an apartment over retail store or professional office subject to the following requirements: . . .a. The explicit written approval of the Town Fire Prevention Inspector shall be obtained for t1w design, location, access and other safety-related elements of every such apartment. No apartment shall be perrn.itted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average btAli-in fire risk. . . .b. The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case Page 3 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 more than seven hundred fifty (750) square., iect. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting they New York State Uniform Fire Prevention and Building Code :and the Sanitary Code. .. .c. There shall be no more than three (3) apartments created or maintained in any single building. . . .d. Each apartment, or common hallway +servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must bo distinct from the access to uses on the first floor. . .e. Each apartment shall have at least ono (.1) on-site off-street parking space meeting the standards of this chapter, conveniently located for access to the apartment. . . .f. Only the owner of the building in which it is proposed to .locate the apartment(s) may apljiy for this special permit. The Board of Appeals shall require that that such applicant execute such agreement:., contracts, easements, covenants, deed restrictions or other legal instruments running infavor of the town as, upon recommendation of: the Town Attorney, the board shall determine to be necessary to ensure that: (1) The apartment, or any proprietary or ether interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. (2) The apartment is made available for yenr-round rental. (3) The apartment is properly constructed, maintained and used, and unapproved uses are excluded thcrefrom. (4) Any other condition deemed reeasonable and necessary to ensure the immediate and long-term success (if the apartment in helping to meet identified housing needs in the community is complied with. 7. STANDARDS: The Board Members have c!onside:red the all standards for a Special Exception, and find that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adkic:ent use districts Page 4 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October. 11, 1995 due to the established uses of mixed business, residential, and varied retail uses in the immediate area; B. That the use will not prevent the. orderly and reasonable use of permitted or legally established uses in th(, district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts due to the established mixed business, residential and retail uses in the immediate area and the fact that the zoning code legally provides for this use-, C. That the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location because it is an authorized hamlet use and the property will become larger when merged with the adjoining westerly parcel (1000-62-1-13 & 14 combined); D. That the use will be in harmony witl) and promote the general purposes and intent of this chapter; E. That the use will be compatible with its :surroundings and with the character of the neighborhood and of i be community in general, particularly with regard to visibility, , ,.ale and ovetull appearance; F. That the building in which the propo..od use is hereby authorized is readily accessible for fire and policu protection (the fire department is three parcels distant from this property and the building must meet all fire code regulations) . In making this determination, the Board Members also considered the following: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permitted uses. B. The conservation of property values and the encourage- ment of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public str nets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge; of sewage, refuse or other effluent (whether. liquid, ,;o1.id, gaseous or otherwise) that may be caused or created by or as a re-salt of the use. Page 5 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odorei, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if propixSed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfaced :;pace for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. 1. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason. of or as a result of the use or by the structures to be used tlwrefore or by the inaccessibility of the property or structures Oiereori for the convenient entry and operation of fire and other enwrgency apparatus or by the undue concentration. or assemblage of persor►s upon such plot. J. Whether the use or the structures to be used therefore will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unrew.onably near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed rise is particularly suitable for such use. N. Whether adequate buffer yards and' ::careening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. Whether adequate provision care and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or Page 6 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 processes and without risk of pollution to groundwater and surface waters on and off the site. 9. DENIAL OF PLANS A AND B: The Board determines further that the applicants' two remaining requests for multiple uses by Special Exception is hereby denied for the following reasons: a) the land area requirement for each a rut .is 20,000 per use, or 60,000 sq. ft. - this project does not meet this requirement at 19,500+- sq, ft. of: total land area (even while merging both parcels into one lot); and b) a building construction plan of the pi,oposed layout of the building certified by an engineer as required by the State fire and building codes has not been submitted for coordination and further consideration; c) new entrances to the building, new driveway and other site ph in elements have not been submitted for consideration, and coordination has not been made possible with the Towin Planning Board who also would appear to have jurisdiction For multiple-use applications for site plan approval. 10. The second part of this request is for an area variance relevant to the size of the property at 21,430 sq. Ft. which is less than the code requirement of 80,000 sq. f t. of land area for a two-family dwelling (ref. Zoning Code Bulk Schedule). In considering the variance application pertaining to the nonconfo vmi ties of the lot which has existed for more than 40 years (including lot size and other nonconforming setbacks of the principal building), the Board also finds and determines: (a) that the essential character of the .neighborhood will be not altered by the grant of the relief requested sine+.! this property is substantially larger (double) than the properties in the nelghborhood with single uses; (b) that the relief as requested is the minimum necessary to afford relief to the applicants; (c) the difficulties claimed do not violate the permitted lot size or setback schedules of the Code pertaiying to improved, preexisting nonconforming lots; (d) that there is no alternative which is feasible for appellant to pursue other than this variance since there is no other land area available; Page 7 - Appl. No. 4317 Matter cf EDWIN and DONALD TONYES Decision Rendered October 11 , 1995 (f) in considering all of the above factors, the interests of justice will be served by granting a Special Exception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringer.*, seconded by Member Tortora*, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by applicants), 1 u _ for w, men t+r�'t�h in le boil '"�thR��,I±ID .- . SIB �?►A - - CPT+IAI� SUBJECT TO THE FOLLOWING CONDITIONS: 1. A�, n't�# hl� utn °lit ° t'ti i -A � i�cauvarco__facer Medi a corded dew°d <�I binng m1;h: paru el iden alrie . . .� a single lot prior to obtaining a building permit from the building department and prior to obtaining a certificate of occupancy for the (proposed) two apartments; lZ� � no h b'table oo. area a� n busines c yr e' r'` #iE ubte aniu ar a !•as en 62.e e 3. The etachedga•„ e ;.+1 NUNN ir% parate 4. That the Building Inspector is hereby asked to inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the 9/22/95 building inspector's Ietter of compliance and Joseph Fischetti's engineer report, as well as all other applicable codes and regulations; 6. That the two pa-r�me t�s -onditionally approved herein shall be g_ d'em oWbasM2L4 p, (atwwwa vwiw i: y cep. oc properly Ik GERX RD P. G EJV, CHAIRMAN "Apartment defined as a hou eping or residential unit. APPEALS BOARD MEMBERS o Southold Town Hall Ca Gerard P. Goehringer,Chairman o ,* a 53095 Main Road Serge Doyen,Jr. y �� P.O. Box 1179 James Dinizio,Jr. �Ol �a0 Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 9, 1996 TO: Mr. Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Mr. Donald H. Tonyes 514 Flint Street Greenport, NY 11944 RE: Special Exception Conditions of October 11, 1995/Two-Family Use 1000-62-1-13 & 14 at Main Road, Southold Dear Messrs. Tonyes: You will recall that in October 1995 a conditional permit was issued for a special exception for a two-family use proposed in the existing building on CTM #14 and #13 as a single, combined lot. It has been six months since the issuance of the conditional permit, and we find no record of any of the items required for the two-family use. Please furnish to our office a copy of a deed which combines both lot descriptions for #13 and #14 into one, together with a copy of a C.O. , building permit or other document which will show your intent to comply with ,the Special Exception. At this time the Special Exception is still "open" without a follow-up by you regarding the other items necessary for occupancy (other than a single-family dwelling) . Please furnish this information within the next 20 days. Your special exception may be expiring. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Erulosure Page 7 - Appl. No. j317 Matter cf EDWIN and DONALD TONYES Decision Rendered October 11 , 1996 (f) in considering all of the above factors, the interests of justice will be served by granting a Special Exception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringer*, seconded by Member Tortora*, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by applicants), Plan C for two apartments**within a single building, be and hereby is GRANTED A SPECIAL EXCEPTION, SUBJECT TO THE FOLLOWING CONDITIONS I. Applicants shall furnish to the Board of Appeals a copy of a fully signed and recorded deed describing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to fobttiining_a�buiid�iixg -.-- permzt�from�the�_buz7ding;d�partauent and prior to obtaining—a esrtifcatei of occuparacp for`the(proposed}tavo apartm�:nts-,� 2. There shall be no habitable door eal aad uo business activides4`iu Tie subterranian area (bas o ement- r-lower area) 3. The detached garage must remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. That 'the Building Inspector is hereby asked to inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the 9/22195 building inspector's letter of compliance and Joseph, Fischetti's engineer report, as well as all other applicable codes and regulations; 6. That the two apartments conditionally approved herein shall be above grade (not basement apartment area) as required by codes. located properly lk i GER RD P. EHitINGE , CHAIRMAN "Apartment defined as a hous9ke'eping or residential unit. i RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE l Dl)q i?5 HOUR Town Clerk, Town of Southold _ PAGE el Pill SAL o40 o a o o o '��'��'► 6. ° 0 0 021214 f .r^ S O S0o� G T� a.S~o i 6/-10 f )ICY ep Z- .-•--- //-- 9 Q r i I I i i ❑ � I r�------ ----� �--- -- d 9 ----�' r ...................... ...................................................... ............... LCL i i ' f I i 1 i I i I 0 0 0 / OD Ll J., T \J-14 1b, J e G J n / _ 8 JUN 1 \ Y ■ Lol I i i /A/Y"z # JUN _ 8 ` I-7 mom cn 46 _ _ i 2,Y S- APPEALS BOARD MEMBERS o�OsuFFo� � Gy Southold Town Hall Gerard P. Goehringer,Chairman ca 53095 Main Road Serge Doyen,Jr. C0 x P.O. Box 1179 James Dinizio,Jr. $ Southold.New York 11971 Robert A. Ylla y'jlpl ! Fax(516)765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1995 To: Mr. Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Mr. Donald Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Appl. No. 4317 - Special Exception Application Gentlemen: Please find enclosed a copy of the determination rendered by Members of the Board of Appeals at our October .1 1 , 1995 Regular Meeting and filed today with the Town Clerk's Office concerning your application. A copy of this determination has also bt_en furnished to the Southold Town Building Department for their records. It will be necessary for the owner(s) of the prot,erty to proceed with the Building Department at this time before octsupancy may be allowable for more than one family. Your project appears to require plans certified by an engineer for required alterations to the building for two apartment occupancies. Please apply directly to the Building Department for appropriate building permits and other reviews which may be re(pd ed under the State Fire and Building Codes and the Town Zoning regulations. Their office telephone is 765-1802. Very truly yours, ,46 lk ! Gerard P. Goehringm, Chairman Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning a MAY 16 + 155 Jockey Creek Drive I996 I' � s ;;j ; :Southold,New York 11971 �`y fta L,, May 16, 1996 Southold Town Board of Assessors Southold Town Hall Main Road Southold,New York 11971 RE: MAIN ROAD, SOUTHOLD,NEW YORK SCTM 1000-062.00- 01.00-013.000 AND 014.000 Gentlemen: Enclosed herewith please find 1. Bargain and Sale Deed dated July 27, 1987 recorded in the Office of the Clerk of the county of Suffolk on July 20, 1987 in Liber 10369 at Page 5; and 2. Bargain and Sale Deed dated February 27, 1996 recorded in the Office of the Clerk of the county of Suffolk on February 29, 1996 in Liber 11764 at Page 247; Please be advised that the two(2)parcels are now in the same identical names. We hereby request that you merge both parcels for tax purposes. We consent that these two (2) lots be merged and we are writing this letter to effectuate this change to one lot and to comply with a certain special exception granted by the Southold Town Zoning Board of Appeals. Very ruly yo , 'n A. on s Margare Tonyes D ald H. To es a D Ton Amt enclosure cc: Southold Town Zoning Board of ppeals _.••..�- .1 Prepared in•aeeordance with the minimum O S standards For title surveys as established by ' 8 J the 1.I.A.L S. and approved and adopted L U L 4 N E for such use by The New York State Lord ' 4 o s Title Association. N/ 0 F P 1>: 2:yV1 S g. t N 75e 54 .120 5l r woe. I /Go n"'otGE -{ Z � Il` i.sE W D N to D O A< m Ln D Z L% o < N N Inv s . h QR O t% -n O < to< .'1 t D R1 M. 0 7;:r -A m D N 1 .6 4: c z40 ° q.5 ✓4 AREA= 10,615 SQ.FT. 6 i' Ajnd. .77e 5p '5400. RTE �5 I S• 60. D ( N- Y.S, M A SURVEY FOR ' ANN ARACRI , JOHN. Dr CARLO & MICHAE•L DiCARLO AT SOUTHOLD r TOWN OF SOUTHOL n l 4 • 's err zf NEly SUF'I=OLK COUNTY , N Y 5�.�s 'F°E� 1000 - 6 z - 01 - 14 MAR 2 01992 I ;X� r �° SCALE !" = 30' 3,2� E' - DULY 111985, �tnytl'Clertt�outhbfd �o ��J' "'•• 410"����' CERTIFIED TO LAND S•\ TICOR TITLE GUARANTEECOMPANY SOUTHOLD SAVINGS BANK _ ANN ARACRI - N.Y.S LIC. NO 49'668 JOHN Di CARLO PECONIC SURVEYORS 8 ENGINEERS, R G. MICHAEL Di CARLO. ± (516) 765 - 50.20 54655 MAIN' ROAD y SOUTHOLD, N.Y. 11971 2 4 5J 8 2 8 42 l SOU I nv..., ,