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
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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
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