Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
3597
Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3597 Application Dated December 30, TO: Mr. and Mrs. Robert Dier 355 Terry Lane Southold, NY 11971 1986 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MarCh 5, ]987, 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 III , Section 100-30(B)[15] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of ROBERT AND HELEN DIER for a Special Exception to the Zoning Ordinance, Article III, Section lO0-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property:~ 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-/-'20. WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of ROBERT AND HELEN DIER under Appl. No. 3597; and WHEREAS, at said hearing all those 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: l. By this application, app}icants request a Special Exception to the Zoning Code, Article III, Section lO0-30(B) for approval of an accessory apartment. 2. The premises in question is located in the "A" Residential and Agricultural Zoning District, containing a lot area of 27,500+ sq. ft. with frontage along the east side of Terry Lane of 100 feet. The subject premises is improved with a single-family, split-level frame house with attached garage structure and more particularly shown on sketch prepared by the applicants under consideration. 3. Article III, Section lO0-30(B), subsection (15) of the Zoning Code conditionally permits by Special Exception from the Board of Appeals, "...One (1) accessory apartment in an existing one-family dwelling ..... "' 4. The accessory apartment requested by this application is ~hown to be on the second floor of the existing structure over an ~ED: March 5, 1987. ~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Appl. No. 3597 Page 2 Matter of ROBERT AND HELEN DIER Decision Rendered March 5, 1987 established garage area. The size of the accessory apartment is 780± sq. ft. The total liveable floor area of the existing one-family dwelling contains approximately 3,040 sq. ft. (2260 sq. ft. in the split-level area and 780± sq. ft. over the garage area). The applicants are the owners of the existing dwelling and presently occupy and must continue to occupy one of the dwelling units as the owner's principal residence. 5. It is also noted for the record that Certificate of Occupancy No. Z7701 dated June 6, 1977 was issued to Robert Dier for a "private one family dwelling and garage" pursuant to Building Permits No. 6382Z and 7395Z concerning this property. Also submitted is a copy of the Suffolk County Department of Health Services sewage disposal and water supply facilities under Ref. No. S0-1304 dated March 3, 1977. 6. In making this determination, it shall be understood that this project will not violate any buildin§ or zoning code regulations and accordingly must be established in accordance with all the requirements of Section lO0-30(B), Subsections (15a through p), and other applicable regulations. In considering this application, the board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (c) the use is in harmony with and promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that a Special Exception for approval of the creation of an Accessory Apartment as provided in Article III, Section lO0-30(B)[15] of the Zoning Code, applied under Appl. No. 3597 in the Matter of ROBERT AND HELEN DIER, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The area proposed for an accessory apartment must remain attached and a part of the principal building; 2. The existing garage area shall not be converted for sleeping or living quarters; 3. The accessory apartment shall be established on the second floor (over the garage area), as proposed; 4. The accessory apartment must meet all N.Y.S. Building Construction Code requirements for a such accessory apartment use/unit on a second floor, as approved by the Building Department; 5. Compliance of Subsections (a) through (p) of Article III, Section lO0-30(B)[15] of the Zoning Code, to wit: (a) The accessory apartment shall be located in the Appl. No. 3597 Page 3 Matter of ROBERT AND HELEN DIER Decision Rendered March 5, 1987 principal building; (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years; not less area; (c) The existing one-family dwelling shall contain than sixteen-hundred [1600] sq. ft. of liveable floor (d) The accessory apartment shall contain not less than four-hundred fifty (450) sq. ft. of liveable floor area; [40%] unit; (e) The accessory apartment shall not exceed forty percent of liveable floor area of the existing dwelling (f) A minimum of three off-street parking spaces shall be provided; (g) Not more than one [1] accessory apartment shall be permitted on this lot; (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code; (i) The exterior entry to to the maximum extent possible retain ance of a one-family dwelling; the accessory apartment shall the existing exterior appear- (j) All except for access foundation; exterior alterations to the existing building, to the apartment, shall be made on the existing (k) Certificate of Occupancy shall terminate upon the transfer of title by the owner, or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of the owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from the date of said demise, whichever shall first occur; (1) All conversions subject to of the Building Inspector and renewal of annually; inspection and approval Certificate of Occupancy (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid Certificate of Occupancy issued prior to January 1, 1984; (n) The existing building, together with apartment, shall comply with all other requirements 100 of the Town Code of the Town of Southold; the accessory of Chapter (o) Notwithstanding the provisions of Section lO0-30(B) hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment; Appl. No. 3597 - Page 4 Matter of ROBERT AND ~ELEN DIER Decision Rendered March 5, 1987 (p) Suffolk County Health Department water and sewage system approvals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN March 6, 1987 APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 7, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Robert Dier 355 Terry Lane Southold, NY 11971 Re: Appl. No. 3597 - Accessory Apartment Dear Mr. and Mrs. Dier: You will recall in March 1987 that a Special Exception for an Accessory Apartment in your home was approved with conditions. We are writing to remind and to request each applicant that an annual renewal is required for the apartment. For your convenience, we enclose the Building Department's form for your signature in order that an annual inspection may be made for issuance of a Certificate of Compliance. Please return this form with the $25.00 renewal fee and copy of the written lease (if any) in effect at this time to the Building Department. These may be mailed or returned in person. Once an inspection has been made and passed, the Town would then be in a position to issue a Certificate for the actual occupancy of the Accessory Apartment area. <If, however, you do not wish to have the Accessory Apartment, please confirm this at the bottom of this letter and the approval will be removed permanently from Town records.> Should you have any questions, please call Linda in our office or Georgia in the Building Inspector's Office at 765-1802. lk Enclosures cc: Building Department OWNER'S COMMENTS: Very truly yours~; __ _ CHAIRMAN Signed: CONSENT TO INSPECTION Robert Dier , the undersigned, Owner(s) Name(s) do(es) hereby state: That the undersigned (is) (are') the owner(s) of the premises in the Town of Southold located at 355 Terry Lane, Southold · which is shown and designated on the Suffolk County tax map as District 1000, Section 65 , Block 7 , Lot 20 That the undersigned (has) (have) filed, or caused to he filed. !an applica- tion in the Southold Town Building Inspector's Office for the following: __ Occupancy of Accessory Apartment in Existing One-F~mil~- Dwelling (ZBA Application No. 3597 issued March 5, 1987) That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained in the conduct of such inspections may be used as evidence in subsequent prosecutions for vio- lations of the laws, ordinances, rules or regulations of the Toxvn of Southold. (PLEASE attach copy of lease.) Dated: January , 199 (signature) Robert Dier (print name) (signature) (print name) Southold Town Board of Appeals MAIN ROAO- STATE ROAD 25 SOUTHOLD, L.I., N.Yo 11c:J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: FROM: DATE: SUBJECT: Vic Lessard, Building-Department Administrator Board of Appeals May 20, 1987 Matter of Robert and Helen Dier Previous Special Exception with Conditional Approval It is our understanding that upon recent inspections by the Building Department of the Accessory Apartment established under the Special Exception of 3597, March 5, 1987, no violations were found, and that the premises is in compliance with the conditions of all applicable laws for this Accessory Apartment Use. Please confi..~ by either signing and returning this letter, or furnishing a copy of a Letter under separate cover for our files, on or before May. 21~.. 1.987. Thank you for your assistance in this matter. Confirmed as to Compliance Victor Lessard Accessory Apartment #3597 of 3/5/87 DEPARTMENT OF PI. ANNING COUNTY OFSUFFOLK Nichael A. LoGrande SUFFOLK COUNTY IfXIrCUTIVE 360-5206 March 13, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Comission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s} Mr. & Mrs. Robert Diet Mr. & Mrs. Joseph Best Municipal File Number(s} 3597 3601 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb Southold Town Board of Appeals . .. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 6, 1987 Mr. and Mrs. Robert Dier 355 Terry Lane Southold, NY 11971 Re: Special Exception Application No. 3597 Dear Mr. and Mrs. Dier: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department John Wagner, Esq. J. Kevin McLaughlin, Esq. Suffolk County Planning Commission GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN BOARD OF APPEl MATTER OF ROBERT AND HELEN DIER THURSDAY, FEBRUARY 5, 1987, PUBLIC HEARING 8:45 p.m. Appeal No. 3597 - Public Hearing commenced in the Matter of ROBERT AND HELEN DIERo Special Exception for ac- cessory apartment in existing garage area. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating a split level framed home approxately 22,050 square feet which exists fairly close to the water, a long driveway back to Terry Lane. The parcel is approximately 97.93 feet to the water, 100 feet on the road and its longest distance, 282 feet deep. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anybody representing the Dier's tonight? We do this or not. We are going to swear everybody in in this hearing and I'm doing it for a specific rea- son. Do you solemnly swear that the information you're about to give is the truth? MR. DIER: I do. CHAIRMAN GOEHRINGER: Thank you sir.~ Is there ~anything you'd like to say concerning your application? MR. DIER: I don't think so. I think I meet the rules that are down here for the accessory apartment. There's enough room in the apartment. I have parking for above paved ground. I'll answer any questions you want. CHAIRMAN GOEHRINGER: Is there... This is on the first story of the house or is it on the second story? MR. DIER: There's one story up above the garage. CHAIRMAN GOEHRINGER: I see. So it's basically above the garage. MR. DIER: Yes. CHAIRMAN GOEHRINGER: Is that the part you can see probably most visible from the road? Is that correct? MR. DIER: It's nearest the road. Correct. CHAIRMAN GOEHRINGER: Are you planning on renting this to a large family? MR. DIER: No. It's not going to have no more than two people. Page 2 - February 5, 1987 Public HearingjRobert and Helen Dier Southold Town B~'ard of Appeals CHAIRM3~N GOEHRINGER: Alright. Thank you very much. We'll see what develops throughout the hearing. Is there anybody else who would like to be heard concerning this application? Sir. Would you raise your right hand and state your name for us. MR. WAGNER: Good evening to the Board. My name is John Wagner. I'm an attorney with Esseks, Hefter and Angel, 108 East Main St., Riverhead, NY and I'm appearing on behalf of several people in the neighborhood in opposition to this application. CHAIRMAN GOEHRINGER: Do you swear that the information that you are about to give is the truth? MR. WAGNER: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you sir. representing? Can you tell us who you're MR. WAGNER: I'm representing 4 neighbors. Mr. and Mrs. John May who are the neighbors immediately to the east of the parcel in question. I'm representing a Mr. Philip Barth who is several lots to the west of the parcel in question. Mrs. Margaret Catzenbach who is two lots to the east and across Town Harbor Lane. I'm also representing Mrs. Joanne Walker who is one lot further over than Mrs. Catzenbach to the east. These are all waterfront owners and I have reviewed the file for this application and I've also re- viewed the town code requirements for the granting of the special exception in question and I have ascertained that the application is effective in several respects. There are both specific and general requirements for the granting of the accessory apartment exception under the town code. Amoung specific requirements are several that I felt the applicant has not met. The first of these is that the accessory apartment shall be located in th~ principal building. The application as it stands and the documentation sub- mitted on behalf of the application and as Mr. Dier has also tes- tified, the accessory apartment proposed is to be located above a detached 3-car garage. This is not the principal building on the parcel. And therefore, the applicant has not met this require- ment. Also there is nothing on file to indicate that there is any Sign of a lease for a year around occupancy in the offering for this particular accessory apartment. Once again this is a requirement specifically stated forth in the town code. There is a requirement that a mimimum of 3 off street parking spaces be provided for the accessory structure, for the accessory apart- ment. Excuse me. As it stands, the house itself under the cur- rent town code, requires 2 off street parking spaces. The ad- ditional 3 parking spaces for the additional accessory apartment would bring the total number of parking spaceS required to 5. There are not 5 parking spaces on the property. There is a 3 car garage which makes 3. There is another turn around area close to the house which is approximately 16 feet wide and which would make up another space possibly but is certainly not enough for 2 spaces. So the code requires that each space be at least 10 feet in width. There is also a requirement that the Suffolk County Department of Heath Services approve water supply and sewage disposal systems for the accessory apartment. I found Page 3 - Februa~ , 1987 ~ublic Hearing rt and Helen Dier Southold Town Board of Appeals MR. WAGNER (continued): no indication in the file that there has been any application made to the Suffolk County Department of Heath for this appli- cation. There is an approval from the Department of Heath dated 1977 which was for the principal building itself but does not concentrate any accessory apartment use at that time. This concludes my comments on specific requirements for the special exception. CHAIRMAN GOEHRINGER: Thank you sir. Go ahead. MR. WAGNER: There are also general requirements that should be considered when considering such an application for a special exception and along these are the; safety, the health, welfare, comfort, convenience for the order of the town and any adverse effect that the application may have on that. I believe that the applicant has not addressed this issue in this application. And I think that all of these factors will adversely be effected if the accessory apartment is granted. There will be an increase in density of population because of the extra dwelling units. There will be further added traffic in the area~ Resulting in a hazard from people coming out of the driveway. There is also going to be a problem with emergency access because the apartment is set in a garage which is located well back from the Main Street. And the only access to the principal house and the accessory apart- ment would be over a 10 foot driveway. If there is substantial parking for the accessory structure and also the principal dwel- ling, it would be very difficult to get down that particular drive- way. There's going to be an increased impact on the water and sewage problems for the area. The property values in the area may decrease by the fact that there is a rental unit in the area and this will effect the character of the neighborhood as well. And in summary, I would just say that I believe that this par- ticular accessory apartment will detract from what is truly in- tended by the town code for the residential/agricultural use dis- trict which the property lies. Thank you very much. CHAIRMAN GOEHRINGER: Thank you Mr. Wagner. Is there anybody else who would like to speak against the application? Sir could you use the mike and state your name please. Excuse me. I have to ask you to raise your right hand. Do you solemnly swear that the information that you're about to give is the truth? MR. BARTH: Yes I do. CHAIRMAN GOEHRINGER: Thank you sir. MR. BARTH: I'm a resident on Terry Lane a few lots west of the applicant's residence. And the reason I want to speak against this application is several. Number one; That the garage is not attached to the house which actually makes, if this request is granted, would make 2 dwellings on one piece of property which I think is not a legal thing to do. Number two; and al- though this might not be pertinent just to this area. The ap- plicant also has an application in for a Bed and Breakfast place. Page 4 - Febru~5, 1987 Public Hearing~obert and Helen Dier Southold Town Board of Appeals MR. BARTH (continued): He also has a dock going out 250 feet out into the water where ~he's bringing in a big 42 foot boat. And my feeling is that the applicant is trying to make a commercial enterprise out of some- thing that just is supposed to be a residence. CHAIRMAN GOEHRINGER: Thank you sir° Is there anybody else that would like to speak against the application? Is there anything you'd like to say sir? MR. DIER: There certainly is. CHAIRMAN GOEHRINGER: We usually run one round all the way up and then we come back. MR. DIER: Let me see if I can remember all the things he said. In the first place, I have a C.of O for the house and garage as attached. It is attached° What else did they say? I don't know how true it is that you have to have 10 feet for every car. I have, according to the plan you've got there, 32 feet across the front of my garage. I always figured that 8 feet was probab- ly enough for a car to park. I don't know whether that's true or not. Then on what we call the turn around, we have some 16 feet. We park 2 cars there all the time. As far as I'm con- cerned, I've got room there with no problem whatsoever of park- ing 6 cars. Something else I said and I don't know how true that is. Is also they said you have to have 3 parking spaces for this accessory apartment. I was told by the Building De- partment when I inquired about it, that you have to have one. Two for the house and one for the auxiliary apartment. I don't know why an auxiliary apartment should require more than my wife and I require in the main house. So I have room for 6. I figure two for us and one for the apartment. Even two for the apartment is four. I have room for six° All paved and no problem at all. CHAIRMAN GOEHRINGER: You're referring to 3 in the front of the garage? MR. DIER: Four in the front of the garage. CHAIRMAN GOEHRINGER: Four in the front of the garage and two over on the one side. MR. DIER: And two over on the other spot there. CHAIRMAN GOEHRINGER: Ok. Go ahead. MR. DIER: Are there any others? What was said? CHAIRMAN GOEHRINGER: I just want to ask you if you'd come up here for one second and just pencil in to us where (in fact I will give you a pen) exactly show is where the house and garage are attached. Page 5 - Februat5, 1987 :?Public Hearing ~obert and Helen Dier Southold Town Board of Appeals MR. DIER: If you check in there, it's attached, my C of O shows it as an attached building. CHAIRMAN GOEHRINGER: the ground? Is it above ground or fairly level with MR. DIER: It's about a foot above ground. What else was there that was... CHAIRMAN GOEHRINGER: I don't know. MR. DIER: As far as the too much traffic in the area. I don't think two people are going to create too much traffic. Right on our corner we have a town park and right next to that we have a boat yard. A commercial boat yard. So I don't think that two more people in the area is going to make the slightest bit of dif- ference. CHAIRMAN GOEHRINGER: Ok. I thank you very much Mr. Dier. there anybody else who would like to speak? Mr. Wagner. Is MR. WAGNER: I'd like to approach the Board and show them the diagram I have of the parking facilities if I may. This was ob- tained from the file that was in the Building office. You can see here the dimensions of the area. Now my point is that the requirements for off street parking clearly require a minimum 10 foot width by 12 foot length for each parking space. Now you can see he only has 16 feet across there. This would not permit two parking spaces of the requirement. We further only have 16 feet back here which would not satisfy the iength requirement either. Therefore, it's conceivable that cars parked there could actually block access to this garage. You can see that if you had two cars here and three cars here, the congestion in this area is going to be very severe. If there is a fire caused by the accessory apartment or something, firetrucks or other emer- gency vehicles are not going to get down here. I further under- stand that right now, and I'd like to point this out, this apart- ment is a functioning dwelling unit even though it does not have a permit. There are two tenants in there and they have girl- friends living with them and there are already a substantial num- ber of cars being parked there. I think this is a serious problem both for the safety of the people in the apartment and for the ser- vices of the town itself. All the diagrams I have and these were submitted by the applicant, indicate that the buildings are de- tached. I see no indication of any structure between these two buildings. And in fact, I think if I'm not mistaken, the appli- cant has expressed it as that as a detached 3-car garage. I may be incorrect on that° CHAIRMAN GOEHRINGER: Well we'll have the Building Department look at it. MR. WAGNER: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Not to make this counter pro- ductive, but is there anything else you'd like to say? ~?Page 6 - Febru~ 5, 1987 Public Hearing~ Robert and Helen Dier Southold Town Board of Appeal s MR. DIER: I've nothing further to say about what he said. CHAIRMAN GOEHRINGER: Very simply expressed Mro Dier was the fact that he did not feel that there was enough room and I apologize for not asking you to come up here. MR. DIER: I do want to see. there. I know he brought a diagram up CHAIP~N GOEHRINGER: He brought the same diagram that's in the file that you pencilled between the dock and the house. He felt that there was not enough area (I assume) in width and square footage to require 6 parking spaces in this particular area and I don't want to get into that tonight. Principally, that's their presentation. We will make our own determination based upon our own parking schedule and what you have given us here and we may ask you to increase it. We may ask you to leave it in the same vein that it's in now. MR. DIER: Well besides what... This is what is paved. We have times in the summer time when we have company and things like that. We park a lot more people back there than that because we have other places where you can just drive off the pavement but there's plenty of pavement. You simply can probably go over there and see. CHAIRMAN GOEHRINGER: Well I was there last Sunday. I had seen it. As I said, I didn't bother you. I didn't come up to the house or whatever the case might be. MR. DIER: Well if you go back there any time, feel free to go back there and check that area. There's plenty of parking spaces there. I didn't hear what else you said. MR. WAGNER: That was the substance. one more observation. The parking. Could I make CHAIRMAN GOEHRINGER: Stay here so you can listen to this sir. MR. WAGNER: It would appear from everything surrounding this application that there's more here that meets the eye. Basical- ]ly is what Mro Barth stated. There is a dock of some 250 feet constructed out into the Bay and there is also a pending Bed and Breakfast application brought by Mr. Dier which I understand from talking to Linda, is currently being held in a pending status until this particular application is resolved. I think and the neighbors are very concerned that what we may be seeing here is an attempt the develop of some quaser commercial use. Namely a hotel or a transient use that is totally not befitting this area. It is conceivable that the access proposed is ac- tually from the Board. We may be facing a situation where boats may be pulling up there, spending the night, availing themselves of the Bed and Breakfast. And therefore, some reinteration be- ing exchanged for it. And I think this kind of commercial opera- tion however it may be characterized though, is just not in keep- ing with the town. Page 7 - Februa~5, 1987 Public Hearing ~obert and Helen Dier Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Well we're not here to entertain that ap- plication. We will have a separate public hearing for that ap- plication. MR. DIER: May I say something about that dock? That dock is 250 feet long. That's a hell of a long dock. It's 250 feet long because at the end of it you have to go out to the end of it to get to 3½ feet of water. Everything else... The first 40 or 50 feet of it is on bare ground, the beach. Then you go out and wade out. It's only at the last 30 feet or so that you have room enough for my boat. That's why the dock had to go out that far. Everything else is half a foot, a foot, a foot and a half or you can't even put boats in. I get my boat and it's a 37 foot boat and there's a 3½ foot draft, I had to go out 250 feet for it. Not for the length for the use of the dock but to get out to the water that is suitable for my boat. The dock has been there in various stages of completing for 8 years. The boat has never been there yet. It will come out. It was there once about 7 years ago. It will come back ..... TAPE ENDED CHAIRMAN GOEHRINGER: Thank you sir° Anything else Mr. Wagner? MR. WAGNER: I would just say that what appears to be the ap- proach to this application and also with the dock, is to pro- ceed in the face of the requirements, not obtain necessary per- mits. The dock itself, as I understand it, permission was or- iginally .... CHAIRMAN GOEHRINGER: Excuse me. You can't hear him can you. MR. DIER: It's something about the dock he's saying. to be able to hear. I'd like CHAIRMAN GOEHRINGER: We're really bending the rules here because we do have an audience and we really do ask for the mikes to be used for that purpose. MR. WAGNER: Would you like me to go back to the mike? CHAIRMAN GOEHRINGER: Yes. Go back to the mike. make you come up here again sir. I'm sorry to MR. WAGNER: I don't want to dwell too much on the dock. I just want to point out that the structure of the dock as it is now is not what was approved by the applicant's permit. They have con- crete pilings installed now. It was originally approved for tim- ber and there's an application pending to bring it into conformi- ty. But bringing that up to illustrate that what we have here is ~an applicant that flies in the face of regulation. The accessory apartment is on going right now. It's operating without a permit. It's used as an illegal use. No special exception was obtained and I think we should consider that attitude in considering this application. Thank you. Page 8 - Februa~ 5, 1987 Public Hearing ~obert and Helen Dier Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Thank you sir° Will you answer that? MR. DIER: There's one more about the dock.to get it out of the way. Every single thing that'was done on that dock I have a permit for. If at the next hearing you want those permits or any time in between, I will bring those permits, everything for the original wooden dock. The concrete work that was put in later, I have a permit for. Every bit of it. CHAIRMAN GOEHRINGER: Let me just ask you this question since the question was raised by Mr. Wagner. Are you presently rent- int the accessory apartment? MR. DIER: Yes. CHAIRMAN GOEHRINGER: And how long has it been rented for? MR. DIER: It has been rented for approximately 3 years. CHAIRMAN GOEHRINGER: Thank you sir. Thank you very much° MR. DIER: And it may not have been legally rented but the traf- fic certainly didn't bother the area. CHAIRMAN GOEHRINGER: Thank you. Yes. Let me just have your name again for the record. See we're taking that down. MR. BARTH: Again about the dock. Mr° Dier says he has all the necessary permits. I have a folder about this thick of corre- spondence that you have, that the Board has had, that the trus- tees have had with the Corp of Engineers and thei~ answer was that Mr. Dier has a permit for an open timber dock. He does not have the permit for what he did with the concrete. That's the answer that we got from the Corp of Engineers and I have it in writing. CHAIRMAN GOEHRINGER: Would you state for the record your name again sir. MR. BARTH: My name is Phil Barth. CHAIRMAN GOEHRINGER: Thank you. This is the last issue though on the dock. MR. DIER: According to how the dock came to be. Eight years or so ago I got a permit from the Corp of Engineers to build a dock. It took a while to get the permit. All the people in the neighborhood fought like hell to stop me from getting it. Well I got the permit and I built the dock. The dock got taken down by ice. I rebuilt it. It got taken down again. I started. I made up plans to put concrete around it. I went to the Conser- vation Department and they are the ones who gave me the permit for it. They said you don't have to go to the Corp of Engineers. Page 9 - Februa~ 5, 1987 ~/Public Hearing ert and Helen Dier Southold Town Board of Appeals MR. DIER (continued): for this° We can give you a permit for this right here. No public hearing no nothing and they gave me the permit for it. I didn't do it to escape the Corp of Engineers. I had no rea- son whatsoever to believe that they'd even want to. The Con- servation Department gave me the permit for ito The permit still stands until December 30th of this year. The last day of this year my permit is good. The dock is now finished° Now if somebody came and contacted the Corp of Engineers, the Corp of Engineers contacted me and said that we should have been in on this. You should have gotten a permit from us too. Well that's not what the Conservation people told meo So now I'm going through the formality of getting the permit from the Corp of Engineers but there was nothing done whatsoever to avoid them. They never gave me any trouble. They gave me my original permit and I presumed they would have given me the permit for the concrete. But the Conservation people who had to give me the final permit to build the dock, because if any of you remember any of this, there was a period back there when there was a moratorium~ You couldn't build docks or anything for some 3 or 4 years. When that moratorium ended, it was the Conservation people who gave me the final permit to put the dock in, the original wooden dock. So since that time, even though they have been dealing with, they are the ones who gave me the permits for the concrete and that's all it amounted to. Now the Corp of Engineers want their approval on it also and all the papers are there for them to give their approval after the fact. But I had my permits from the Conservation Department. CHAIRMAN GOEHRINGER: Can I ask you for the record sir and you have already stated and I'll ask you to say yes again, that you have no intention of using this dock in conjunction with the application that is before us. Is that correct? MR. DIER: No° That dock has been out there, like I say, for 8 years in various stages. This summer it was out there com- pleted and last summer it was out there completed but except for a couple of pieces of concrete work that had to be done. There has not been one boat come out there to that dock yet except for my little 18 foot clam boat. My big boat hasn't come and no other boat has been near that dock. CHAIRMAN GOEHRINGER: Do you have any anticipation or any thought of renting this apartment if it is so granted by this Board, the premise to operate or use this apartment on a tran- sient basis and use the dock in conjunction with that? MR. DIER: None whatsoever. CHAIRMAN GOEHRINGER: Thank you sir° Any questions from Board members? Hearing no further questions, I'll make a motion clos- ing the hearing reserving decision until later. We thank you all very much for coming in and have a good evening° Ail in favor - Aye. APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPR H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE RDAD 2.5 -qOUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XlII Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section of the Suffolk County Charter, the refers Variance from Determination of Special Exception, Article III, Southold Town Building Section 100-30(B0(15) Special Permit Inspector Appeal No.: 3597 Applicant: Mr. and Mrs. Robert Dier Location of Affected Land: 355 Terry Lane, Southold, County Tax Map Item No.: 1000-65-7-20 Within 500 feet.of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to est~lish "Accessory Copies of Town file and related documents enclosed for your Dated:March 10, 1987 Secretary, Board of Appeals review. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS February 5, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. S .E .Q .R.A. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3597 PROJECT NAME: ROBERT AND HELEN D'IER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ .] Type II ~ ] Unlisted [ ] DESCRIPTION OF ACTION: Establish accessory apartment in existing garage. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 355 Terry Lane, Southold, .NY 65-~T'-20 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of the premises which is not directly related to n~w construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. WILLIAM W* ESSEKS MARCIA Z. HEFTER STEPHEN R. ANGEL E$$EK$, HEFTER & ANGEL COUNSELORS AT LAW RIVERHEAD, N.Y. 1190I TelE×-EHCA 66523~ 6 UW January 12, P. O. Box 570 WATER MILL, N.Y. II 976 ALAN D. OSHRIN 1987 Ms. Linda Kowalski Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: Applications of Robert Dier for Special Exceptions for an Accessory Apartment and a "Bed & Breakfast" Dear Ms. Kowalski: Pursuant to our telephone conversation today, I am writing advise you that my office represents several neighbors of Robert Dier who are interested in the above-referenced applications. to To facilitate my representation, I would like to be placed on your mailing list to receive any correspondence relating to the above-referenced applications, including notices of hearings and other proposed actions. Thank you for your consideration. Very truly yours, John M. Wagner JMW:gw NOTICE OF HEARING8 ~ ~ NOTICE: IS~~Tf HEREBY ~ GIVEN, pv-~uant .to Section 267 of the Town Law and the Coda of -.. the Town ofseuthold, the follo~W~ ' ink public hearings Will be held by the ~OUTHOLD TOWN 'l BOARD OF APPEALS'at the '" ' Southold Town Hall, Main Road, Southold, NY at a Regular Meet. ing, THURSDAY,' j FEB- RUARY 5, 1987 at the following 7:35 p.m. Appeal No. 3601 .- MARGARET AND JOSEPH BEST. Variance to the Zoning Ordinance, Article XIi Section' 100-119,2 for permmelon to con- - struct eddLtien_ pt~ ~h.e.seu. t.herly side of existing dwelling with mm nsufficlant ~etback fi'om ~ul-' Pro~--Jtl ---' · kheed along 'tidal water'~ ' ' · ~ mntyara property line' ,- ... ~ano ~oandary line, dividing and to Section 100-31, Bulk Lots 2 and 3 running north and south). Location of 9355 Main Road, EastPr°perth: Marion; County Tax Map Parcel No. 1000-031.03.11.25. Containing 2.918 acre~. Schedule, £or an insufficient sot- back from the rear property line, at premises located along tho south side of a private right-of. way (extending off the east 'side of Camp Minsola Road), Mat. tituck, NY; County Tax Man Parcel No. 1000-123-06.17. ~ 7:40 p.m. Appeal No. 3599 - SAMUEL Ill. COHEN. Vari- ance to the Zoning Ordinance, Article III, SectJoa 100-32 for permission to construct acco~ aery garage strutting, for stor- age and garage purpose, in the front and side yard oreoe, pr~m~ ises located'along the south side of a private right-of, way (ex- tending off the south side of In- dian Neck Roadl, Peconic, NY; County Tax Map Parcel No. 1000-98-5-18. 8:05 p,m. Appeal No. 3590 .- TItOMAS J. AND CATHERINE ZIMMERMAN. Var/anco to the Zoning Ordi- nance, Article XI, Sect/an 100` 118 E for permi~ion to construct .addition to existing n0nconform. mg structure which exceeds 50% of fair value ofasme as exists at 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144.04.09 and 08. Contain: ink .60 of an acre.' 30A, 100-31, Column A-80, re- mg to be heard in each of the sultingfromthispropasod,t, hree. above hearings. Each hearing lot Minor Subdivision High': will not start before the t/me al- Point at East Marion Section lotted. Written comments may Three, Inc." for: (al Iota having be submitted prioictotheconclu. insufficient lot area; (bi lots hay- ~ion of the subject hcaring~ For lng insufficient lot depth; (c) Lot ' mo~e information, please call having insufficient lot width (d) 765-1809..' Lot 3 as proposed with structure · Dated: January 24, 1987. having an insufficient/rontyard . BY ORDER OF setback; le) Latz 2 and 3 as prop- THE SOUTHOLD TOWN osed each will contain structurse~.~ BOARD OF APPEALS ~hat.do not meet pr/nc/pal.use i GERARDP. GOEHRiNGER, 'eqmrement for a' single-family CHAIRMAN lwelling; if) existing barns on Li~daKowa ski, nt setbacks fr~hY 8TATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) , j./ Carol Sqarlata ofGreenport, in said County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of'Suffolk and State of New .York, and that the Notice of which the annexed is a printed dopy, has been regularly published in aaid Newspaper once each week for One weeks successively, commencing on tho -2 9' day of., January 8:10 p.m. Appeal No. 3604 .- ROBERT AND EILEEN VII,- LANI. Variance pursuant to New York Town Law,'Section~o 191~7_ 7:45 p.m. Appeal No. 3598 -- 280-a, fora r~val DANIEL AND ~o~ . . PP ofarcose over -- - MeKASTY. Var anco ~'~'n~. prwa.to ?g~-or-way {presently ,~ / - ': ownea by ~ileen Villani) to . struct swimming pool with fence other premises of the applicants enclosure and cabana within 75 identified aa ~'-.--, ,~ -- feet ofexistin~ b kho=~ ol~. ~ ~u~u,~y ~ax vaan ~-~( t/da wa _ u.l._. ...... .g rarcelsNo, 1000`86.6.30&lo- tar, reqmnng a Vari- 8' '-' · · once to the Zonln- O,-4{-- _ .18 p,m, Appeal No. 8896 .. ~ Princq~a{ Clerk Art cie XI o-_.. ~ .'.'i'-"=nco, TARTAN OIL CORF. Sn~cial ' . ! / , oection 1'oo-119,2. Exception to the Zpnin~-Or; w r to Location of Property: 13220 dinanco, Article V · S 0 n Mare ROad, East Marion wIv, .~. Ii, 8ectmn l~ora ma this County Tax Ma~ o~'-'I ',~," too-70B.(4 & 5) for permission ,4._ .~ \ { /l~__ -~-'~ 1000-31-14-12 e -=,~ l~o. to estabhch a partial solf-servlco .,ay u. ~ /~-~ _~ ~' *'~- __ 19~.Lyy 750 pm r.Appea, No. 3~95-- full.service gas station approved · DO~AL~ 'J GRIM. Variance 6/29/72 under Appl. No 1584/ to the Zoning Ordinance, Article~,o . Location of Property: 32400 C.R. ~ p es Febraa~9~'~' IX Sect/on 100-90, I00-93, Bulk 48, Pecanic, NY; County Tax. Schedule, for permission to con. Map Parcel No. 1000-74-4.7.1 (6 struct two-ctory building for of- & 7). rice use incidental to principa~ ' ~'8:25 p.m. Appeal No. 3597 ,L N use of the Premiss with an in~ / ROBERT AND ~I~LEN sufficient frentyard ~etback n DIE ' th~s "C-I" Hcavv In ~,~., ~__ / ,DI .R. S~pe~.!al Exceptmn to the ing District ~a~idonU~'~"~.~' I ~_nJ.ng Vrdmanco, Article IR, sionNo. 450;SeuthSideofOre. ~ ~ent inexisting ara ea gon .Road. Cutoho,me rev. ] -- ~ . g g rea in County Tax Mo~ ~=~-..~-~ '~,'-' ] accoraanse with the require. 1000-83 3 ~o-+ tr, -'-=;~:-' ..~o. / .ments of Subsection 18 thereof ta nj-- Z ..~ro.. o, ~ m.~. ~.~on- ~ I-~cation of Prouertv. 3AR q~ R. MANDEL. :k.._ The Board of. Appea]s will nV{arianc.es to the Zoning 0r dj. hear at said time and place all once, ~-rticle III, Sections 100- .persons or representotives desir- the Town of .S~uthold, the STATE OF NEW YORK ss: fo.ow~ public ~ wi~ be held by the SOUTHOLD ~ I~)A R F}'OF APICAl .R M~n ~a~ ~u~old, NY at ~, ~ ~BRUARY 5~ 1987~' foHo~ng ~:~. 7:35 p.m. Ap~ N~ ~1. MAR~T AND JOSEPH ~. V~ m the ~ning O~in~ ~icle XI, ~tinn 1~119.2 for ~sinn to con- st~ ad~tinn at the ~utherly side of~s~ d~l~ ~th ~ insufficient setback from bulkh~d ~ong ti~ wa~r ~ and to ~ion 1~31, Bulk ~h~ni~ for ~ lasuffi~eat set- b~k from the ~ pm~y ~n~ at premises 1~ ~ong the south side of a pri~ right-of- ~y (~tendi~ off the e~t side of Camp Min~la ~ad). Mat-, tituck, ~; County ~ Map ~1 NO. 1~123~17~ 7:~ p.m. Ap~ to the ~ng Or~n~ ~i- cie 111. ~ction 1~32 ~r ~r- mission ro ~nstm~ a~ ~e s~ for sW~e ~d g~e pu~s~ ~ front ~d ~dc ~ ~ p~ 1~ ~ong ~e ~u~ ~de of a pri~ right.f-way (~ten~ng off the Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . · '/ ... weeks successively, commencing on the ......... ;~?.~'..~. ...... resulting from this proposed. three-lot Minor Sulglivision~, "HighPnint at Fast Section Thrce, lac" for: having insufficient lot area; (b)' lots having insufficient loft depth; (c) Lot having insuffi- cient lot width; (d) Lot 3 as pro, posed with structure having .a~,.~ insufficient fromyard s~back~i;,' (e) Lots 2 and 3 ag proposed' each will contain structures that, do not meet principal-use re-. quirement for a single-family dwelling; (0 existing barns'6n' Lots 2 and 3 as proposed will have insufficient setbacks from'. proposed frontyard property' line (and boundary' line).~ dividing Lots~ 2 and 3 running: north and south). Location of. Properly: 9355 Main Rt~d, Eas~ Marion; County ~ Map paroq NO. 1000-O31-0;lql 25~ south side of Indian Neck t as exists, at 265 Rochelle Place,' Road),Peconic, NY;C6unty'lhx , Matfituck.' NY; County Tax" Map Parcel No. 1000-95-5-18. Map Parcel No. 1000-144-04-09 7:4.5 p.m. Appeal No.~3598- and 08. Containing .60 an acre.~ DANIEL ' AND IRENE' 8:10 p.m; Appeal No. 3604= i~:l~, v~ce to con, ~'! ~ struct swimmingpool with fence r'; ~ILLANI. Vasiance pursuant to' enclosure and cabana within 75 ' ~ N~w York Town Law, SectiOn eet of ex~stmg bulkhead alon~' ~ ~ 280-a for aoor0va of udal water, requmng a Variance_~ over private right-of-way to the Zoning Ordinance, Arti- . (presently owned, by' Eileen cie XI, Section 100-119.2. Loon- ~;ei Vlllani)al°ngtheeastsdeofln: tion of Property: 13220 Main ~ :dian Neck Road, Peconic, Road, East Marion, NY; Coun-~ other premises of the applicants ty Tax Map Parcel No.:; ~. identified as County Tax Map' 1000-31-14-12. :' ~. ParcelsNo.. 1000-86-6-30 & 10. 7:50 p.m. Appeal No. 3595: :' 8:15 p.m. Appeal No. 3596.2 ~ Vasinp. ce : . ~TARTAN OIL CORp, Special Lo theZooing~Qrdi_nance: Arti. i ~XcePton to the Zoning Or-.' cie IX, Section 100-90, 100-~ ~: '~i~nCg Article VII, S~ctinn Bulk Schedule, for permissi~ i!~ !00-70B (4 & 5) for permission. to construct two-story buildi~'~ }~ to establish a partial self-service for office use incidental to pria-: i':~ gas station in conjunction With c~pal use of the premis~ with an full-serVice gas station apProV-, imuff~ant frontyard setback in ' ed '6/29/72 under Appl. No.. this "C-I" Heavy Indus[rial : 1584. ~Location of PrOperty: Zoning District. Locatiop, of i C.R 48, Pc~alg NY; Property: Lot No. 2, Min°r sUb,, L? CoUnty 'lkx Map Parcel No. division No. 450; South side o~/i :(jJ~0'74'4'7.1 (6 & 7). Oregon Road, CutchogUe, N.Y& ~I',~/'~_~5 pan~ Appeal No. 3597- 1000'83, 5. Pa~ °f L°t 4.4~ C0n- :[,~. ptmn to ---.' 7:55 p.m. Appeal N°.. 3462-. [J?.)ilon 100-~(B) for permission to HERBERT R. MANDEI~z II ~tablish ,"Accessory Apart) Variances to the Zoning Or, [~ ment"m~aistmggamgeareain dinancg, Article I11, Scctin~$ [:~,~acCOrdance with the !quirements of Subsection 15. ~ 100-30A. 100-31, Cniumn A-g0, ~ereoL Location of Property: ~$_55 Terr,) Lane, Southnid, NY; \ !g?ounty Tax Map Parcel No. Swor~ to before me this ........ .c~.. ?.,7 ...... dayof g:0$ p.m: A~~ ....... 1 9..~. ?. ' THOMAS., J.,: ~AND!~i ;,yarlance to the Zoning Or-I : ~i~ee, Article Xl; S<t 0n~ ~ i~IIgE for ~r~s on to con. ~. ~¢..._ .......... s~& ~tion ro ~isting non~ ~otar~ p.hr conforming stmctu~ which ~- ~s 50% of fMr vMue ofs~e B~RBARA FORBES ~; 1000.65.7.20. ~, The Board of Appeals will hear at sa d ttme and p ace all :persons or reprcSentatlveg d~sir-' 5 ing:tq~be..heaTd:in e~ch'~.~f~ tM ~.above. hearings. Each. hca?.~ ing will not start before the time allott~. Written comments may also be submitted, prior to the conclusion of the subject hear- ing. For more information, please call 765-181Y).- Dated: January 24, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD la. GOEHR1NGER, CHAIRMAN Lind '~ki/ APPEALS BOARD MEMBERS GERARD P. GOEHRING£R, CHAIRMAN CHARLES GRIGONI$, JR. SFRGE OOYEN, JR. ~OBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeais MAIN ROAD- ;;TAT£ ROAD 2'~ -=;OUTHOLD, L,I., N.Y. 119'71 TELEPHONE (516) 765-1809 TO WHOM IT NAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours. very ~/~_ y GfRA~-D' P. 'GOE~RFNGER CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 30, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Aooeal No. 3597 , application of Robert & Helen Dier for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; and survey of property. -Judith T.Terry ~ Southold Town Clerk t~ 21 MAP OF L~D $ou'rHOLD TOWN OF" $OUTHOLD ~CALE. 1~.40' CL. Area bwn.9 ]20'~" CL Gar~(t ¢ N.Y RECEIVED DEC 1986 Town Clerk Soutflold TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION Application No. ~'~7 Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: House No. and Street (Hamlet, zip bode) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION /oa -$o ~/J-~, SUBSECTION for the below-described property for the following uses and purposes: as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. k ~ ~/~?-~.~-~ ~,.~,~ ~ (~re the owner(s) of property nown Bna reterred to as (House No., Street, Hamlet} identified on the Suffolk County Tax Maps as District 1000, Section~z'~, Block ! , Lot ~ ~ , which is (is not) on a subdivision map (Filed ~p of "Filed M~ ). The above-described property was acquired by the owner on ..~;~.£/,z ~ ./~_~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen-hundred (1,600) sq. ft. of livable floor area. (continued on page two) Application for Special Exception Page Two (continued) 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6~ A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 7. Not more than one (1) accessory apartment will be' on this'parcel. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. 11. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: The property which is the subject of this application is zoned ,~-~.~'/~ia.?~/~- and [~/] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. Sworn to before me thi~Z~ day of~-~t~e~- ZB5 2/6/86 , BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter m' the Petition of to the Board of Appeals of the Town of Southold NOTICE ,, TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the j_n[Pntlnn of rh~ ,,qdersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~ecial E~ceptionhSpe¢ial Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows: ~/-~- T-~,~,~ .'/ /.~.~'~ ~C2~L ~-~.~ ~ ~ ~,C, /~ F," 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: .~:f~,-~-,~.r.r 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are .~'ticle [ 1 Section 280-R, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) '765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appe~ and be heard at such hearing. Dated: .,"/~, ~2 /~/~::~ 7 / ~.,' / ~ / - / Petitioner Owners ' Names: Post Office Address (Tel. ~/~ 7~- ~ ~ ~/ ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~,~'~ ;,L.~.~' ,- .~/-,~/,:~. . residing ar ~r~- ~ ~ /~'7/ . being duly sworn, depos~ and says ~hat on the ~0 day of _~ ~~ 19 ~ , deponent mailed a true copy of the Notice ~t forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite ~he names of said persons are the addresses of said persons as shown on the current ass~sment ro)l of ~he Town of 5outhold; that said Notices were mailed at the United States Pos~ rice at % ~ ~ j~. ~ ~ ; that said Notices were mailed to each of ~id persons by S~orn t~for~ m~ tpi* ~ ~ - Notary Public ~ ~N 'wm~~31, (This side does not have to be completed on form transmitted to adjoining property owners.) P 263 05~9 502 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) Postage CerSifled Fee Special Dehvery Fee Restrmted D¢ivery Fee Return Recelpl showing to whom and Date Deflvered Postmark or Date BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : TO: /~?,~. YOU ARE HEREBY GIVE~ NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intentio~dersigned to petition the Board of Appeals of the Town of Southold to request a (Varianc~peci~-Exception~'~Speeial Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent tO your property and is des- cribed as follows: ~j'J"- ~'x>~r ~',/,.~',-'5: ,-~..., ,~-#,.c a .,~L,YI //~' 7/ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applic~le to the relief sought by the under- signed are Article ~ Seetio~ / a o _ ~'~ g~ /.f [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wcLV. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (5'16) 765-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners' Names Post Office Addr~s (Tel. ~/& NAME PROOFOF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK SS.: ~ ~L O ~,~ //~ ~ / being duly sworn, deposes and says that on the ~ day , ]9 ~, deponent mailed a true copy of the Notice ~t forth on the re- veme side~reof, directed to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite ~he names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post ~- rice at .~ ~ ~ o~ b ~,~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ~~ / Sworn to__before me this day of Notary Public Notmy PM)I~ 8me M New Ym'k No. 62-8125860,'W CorM]ry. Tm'm Ex~r~ ~ 31, 1~ (This side does not have to be completed on form transmitted to adjoining property owners.) P El=3 uS~l SD'l, RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR IN?ERNAI~IONAL MAiL (See Reverse) SHORT ENVIRON~iEHTAL ASSESSMENT FORM INSTRUCT~O~S~ (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies~ research or other investigations will be undertaken. (b) If any Question has been answered Yes the project mmy be significant and a completed Environmental Assessment Form is necessary. (o) If all Questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · · · · · · 2. Will there be a major change to any unique or unusual land form foui%d on the site? me &. 6. 7. 8. 9. 10. 11. 12. 13. 15. PREPARER'S Will project alter or have a large effect on an existing body of water? , . . . . Will project have a potentially large impact on groundwmter quality? · , · · , , Will project significantly effect drainage flow on adjacent sites? · · , , · · Will project affect any threatened or endangered plant or anLmal species? . · · . · . Will project result in a major adverse effect on air quality? · Will project have.~a major effect on visual char- actor of the community or scenic views or vistas known to be important to the community? . . . Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . Will project have a major effect on existing or future recreational opportunities~ . . . Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical distUrb- anco as a result of the project's operation? . Will project have any impact on public health or safety? Will project ~ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community or neighborhood? o · REPRESENTING: 91t/78 Yes / No Yes ~/ No Yes / No Y~s / No Yes , Yc:~ /No Ye~ / No Yes /No Yes b// No Yes /'No Yes ~/ No Yes J No Is there public/~on%roversy~ncernlng %he project? Yes - SIGNATURE: TITLE: DATE: NOTICE OF HEARINGS NOTICE IS HEREI~Y GIVEN~ pursuant to Section 267 of the Town Law and the Code of the Town of Southo[d~ the following public hearings will be held by the SOUTHOLD ~O~/N BOARD OF APPEALS at the Southo[dTown Hall~ Main Road, Southo[d~ NY at a Regular Meeting, THURSDAY FEBRUARY 5~ 1987 at the following times: 7: 35 p.m. Appeal IXI~ 3601 - MARGARET AND JOSEPH~ BEST. Variance to the Zonin9 Ordinance~ Article XI, Section 100-llg.2 for permission to construct addition at the southerly side of existin9 dwel[ln9 with an insufficient sethack from bulkhead along tidal water area~ and to Section [00-3[~ Bulk Schedule~ for an insufficient setback from the rear property line, at premises located alon9 the south side of a private right-of-way (extending off the east side of Camp IV, ineola Road), Mattituck, NY; County Tax Map Parcel No. [000- 1-23-06-[7. 7:40 p.m. Appeal No. 3599- SAMUELS. COHEN. Variance to the Zoning Ordinance~ Article III, Section [00-32 for permission to construct accessory garage structure~ for storage and garage pur- poses~ in the front and side yard areas, premises located along the south side of a private right-of-way (extending off the south side of Indian Neck Road) ~ Peconic, NY; County Tax Map Parcel No. 1000- 98-5-[8. 7:45 p.m. Appeal No. 3598 - DANIEL AND IRENE McKASTY. Variance to construct swimmingpool with fence enclosure and cabana within 75 feet of existing bulkhead along tidal water, requiring a Variance [o the Zoning Ordinance~ Article XI~ Sect'on 100-[[9.2. LpcatL(~n of Property: [3220 Main Road~ East Marion~ NY; County Tax Map Parcel No. 1000-31-~.4-12. 7:50p.m. Appeal No. 3595- DONALD J. GRIM. Variance~o the Zoning Ordinance~ Article IX Section [00-90~ [00-93~ Bulk Schedu[e~ for permission to construct two-story Dui[ding for office use incidental to principal use of the premises with an insufficient frontyard setback in this 'C-[" Heavy Industrial Zoning District. Location of Property: Lot No. 2, l~linor Subdivision No. 450; South Side of Oregon Road~ Cutchogue, NY; County Tax Map Parcel No. [000-83~ 3, part of Lot 4.4. Containing 4.59 acres. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 5, 1987 7:55 p.m. Appeal No. 3462 - HERBERT R. MANDEL. Variances to the Zoning Ordinance~ Article III, Sections 100-30A ~ 100-3[~ Column A-80~ resulting from this proposed three-lot Minor Subdivision "HighPoint at East LV~arion9 Section Three~ Inc." for: (a) [ors having insufficient lot area; (b) lots having insufficient lot depth; (c) Lot having insufficient lot width; (d) Lot 3 as proposed with structure having an insufficient frontyard setback; (e) Lots 2 and 3 as proposed each will contain structures that do not meet principa[-use require~g3ent for a sing[e-fami[y dwelling; (f) existin9 barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property [ine (and boundary line~ dividin9 Lots 2 and 3 running north and south). Location of Property 9355 Main Road~ East Marion; County Tax Map Parcel No. 1000-031-03-ll. 25. Containing 2. 918 acres. 8:05 p.m. Appeal No. 3590- THOMAS J. AND CATHERINE ZIIVlMERMAN. Variance to the Zoning Ordinance~ Article XI~ Section 100-[18E for permis- sion to construct addition to existing nonconforming structure which exceeds 50% of fair value of same as exists, at 265 Rochelle Place~ Ylattituck, NY; County Tax N,'lat~, P.a~rcel No. 1000-144 -04-09 and 08. Contairi~, g ~%0 an acre. 8:10 p.m. Appeal No. 3604- ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law, Section 280-a~ for approval of access over private ri§bt-of-way (presently owned by Fi [een Villani) to other premises of the applicants identified as County Tax Map Parcels No. 1000-86-6-30 & 10. 8::15 p.m. Appeal No. 3596- TARTAN OIL CORP. Special Exception to the Zoning Ordinance~ Article VII, Section 100-70B(4 & 5) for permission to establish a partial self-service gas station in conjunction with full-service gas station approved 6/29/72 under Appl. No. 1584. Location of Property: 32400 C.R. 48~ Peconic, NY; County Tax Map Parcel No. 1000-74-4-7.l (6 & 7). 8:25 p.m. Appeal No. 3597 - ROBERT AND HELEN DIER. Special Exception to the Zonin9 Ordinance, Article III. Section [00-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane~ Southold, NY; County Tax 5/lap Parcel No. 1000-65-~}[20. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular lVieetin9 of February 5, 1987 The Board of Appea[s will hear at said time and place all persons or representatives desirin9 to be heard in each of the above hearings. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-[809. Dated: January 24, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ' Copies to the followin§ [/27/87: Peconic Development Corp. for the Bests, l~ox 594, Mattituck, NY 11952 Mr. William J. Jacobs, as Agent for Mr. Cohen, Depot La, Cutchogue, NY 11935 Mr. and Mrs. Daniel NlcKasty~ 368 Station Road, Be[lport, NY 11713 Mr. Donald J. Grim, 475 Jernick Lane, Southold, NY l[97l A.A. Wickham, Esq. as Attorney for Mr. Mandel, Box 1424, Mattituck, NY ll952 Mr. andiVlrs. T.J. Zimmerman, 39 Eric La, New Hyde Park, NY ll040 Mr. and Mrs. R.A. Villani, 189 Old WestburyRd., OldWestbury, NY ll568 W.D. Moore, Esq. as Attorney for Tartan Oil Corp., 3?0 Terry La., Southold, NY 1197l Mr. and Mrs. R. Dier, 355 Terry Lane, Southold, NY 11971 John ivl. ~.Vagner, Esq. as Attorney for ( ) ~ Box 279, Riverhead, NY ll90l J. Kevin McLaughlin, Esq. as Attorney for A. Blair, 828 Front St., Greenport, NY 11944 Personal Delivery to: Suffolk Times and L.I. TraVeler-Watchman Town Clerk Bulletin Board ZBA Members ZBA Individual Files ZBA Office Bulletin Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that your application dated ~ e..Yrr~a... ~..cl ..... 19 .~.~,. ~or pem~it to ~on~t..~.. ~.~ ~. ~ ~ ...................... Location of Property: .~.~.~.... ~ ~..~ ....... ~.~.~ ........... ~ouse ~o. . ~ Stree~ Hamlet County Tax ~ap No. ]000 SectJo~ . .'. ~.~.~ ..... Block .... ~. [ ...... Lot ,. ~ ......... Subdivi~o~ .................. Filed ~p No ................. Lot No .................. ............................................ Budding Inspector ~xamined <'~ ~ FOF, M NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. 19..?....~... Application No....,~,...~....~...~ ............... ~pproved ........................................, 19 ........ PemitNo .................................... ~'~r/'~'41~ £j~_ )isapproved a/c ......... ~.....~ ....... ~ APPLICATION FOR BUILDING PERMIT ~- Date ......................6,~, .......~.... ............... , ]~.. .......... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate 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 jiving a detailed description of layout of property must be drawn on diagram which is part of this application. c. The work covered by this application mav not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit ?hall be kept on he 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 jranted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone 3rdinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constru~:tion of ~uildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws. >rdlnances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) - ............ - (Address of applicant) //~/, 9' tare whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..... ..~.:...:.:~ ........................ ~ ........ : .......... ~ ....... C'.: ........................... :: .................................................................................... ame.of owner of premises ~" ~.~',"-'~- /~/'~'~-- ' applicant is a corporate, 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 L cense No ~,,~ 0,_, ,~,, ,~, ,~,,,~,,~, o ,~ ,< ,~ ~' ~ ~- 1. Location of land on which proposed work will be done. Map No ................................... ~ .......... Lot No .......... /.. ............ Street and Number ...... ./..5..~..~...~......../...~,~.,:'.Lx.-i ...................................................... :Z..~;2~;:7...~'..~?..~ ......... ?..'.~.; './..: ........... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...... ~.;.~.~.;~%.~.;,,.; ....... ~ ................................................................................................. b. Intended use and occupancy ~-2,< ~,~-' ..~,..,..~ ~ ,: -~ - Nature of work (check which applicable): New Building ....... ~ ............. Addition ..................... Alteration ............... ' Repair Removal ......................... Demolition ........................ Other Work .................................... ......................... {Description) '... Estimated Cost ............................................... Fee ................................................................................................. (to be paid on filing this application) i. If dwelling, number of dwelling units ...... /.. ........ Number of dwelling units on each floor ................................... ...... If garage, number of cars.............J'. .............................................................. ... · · .. L If business, commercial or mixed occupancy, specify nature and extent of each type of use ......... -. ...................... ~ Dimensions of existing structures, if any: Front .....................Rear ........................... Depth ................................... Height .......... .... ........................................ Number of Stories ............................................................................. Dimensions of same structure with alterations or additions: Front ........................ ~. Rear ......................................... Depth ............................................. Height ......................................... Number of Stories .............~ ...................... 3. Dimensions of entire new construction: Front ....... ~.C.) .............. Rear ..... ,~.~,: ................ Depth · Height .............. .~....~.../. ...................... Number of Storms ......................................................................................... Rear ...... ~...~..~ ........................... Depth ......... ?..¢.~.~;.~ ................................. 9. Size of lot: Front ......~'.Z2~,~ ...................... / ~ '~ 10. Date of Purchase ....~ ...... v. .......... ~.~. .......... Name of Forme ........................................................ 11. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........ ~c ........................................ ....... 13. Will lot be reeraded _.../L.~Z ................... Will excess fill be removed from premises: [ ] Yes 14. Name of Owner of prem se ........................................ iAddress) (Phone No.) Name of Architect ...........~5~.~ ....... /~/..V..~.£.~.../~.. ....................................................................................................... (Address) (Phone No.) Name of ,,~.., ................... ~. ....................................................................................................... (Address) {Phone No.) PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or'description according to deed, and show street names and indicate wheth- er interior or corner lot. rATE OF NEW YORK. ) OUNTY OF ................................. .~. .................. ) ........ .x~ ,~,.~..~..~,r,....,.?1',../...~..~..~2~,.. ...................................................... being duly sworn, deposes and says that he is the applicant above named. (Name of individual signing contract) is the ....... ~..~:.?~l~.~........~.....c'~.~,~..E~nf.~...,cT..¢.~.._~.. ....................................................................................................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all ~tements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner [, forth in the application filed therewith. '~ ER tStgna ure o! app tcan / RECEIVED DEC 30 1986 Town Clerk Soutbold TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICA I XCEPTION Application No Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: X(We), ~o~.ry~l-~z_~.J .~i[IZ. of .~6"J" 7~2~y~/,~,~-~' I House No. and 'Street (Hamlet, state, Zip Cffd~) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION /o~ -Jo~'/~ SUBSECTION for the below-described property for the following uses and purposes: as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. known and refeered to as ~'j-y~' ~ ~x~w~- (HouSe No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section ~, Block Lot ~ ~ , which is (is not) on a subdivision map (Filed -~-M~p of -- "Filed Map]~-:. j~ (~re) the owner(s) of property The above-described property was acquired by the owner on ./~?~y~ q /~7.~~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: ~/1. The accessory apartment will be located only in the principal building. v/2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. /3. The existing one-family dwelling shall contain not less than sixteen-hundred (1,600) sq. ft. of livable floor area. (continued on page two) Application for Special Exception Page Two (continued) 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided. as shown on the attached plan. 7. Not more than one (1) accessory apartment will be on this parcei. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section lO0-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. ll. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. Do COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: The property which is the subject of this application is zoned ~t~_~.~-/~__ and [V/] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. (Signature) /~/~A~' Sworn to before me this~day of~x~ ZB5 2/6/86 , :R OWNER LAND I IMP. TOWN TOTAL OF SOUTHOLD PROPERTY .I~'E~ORD CARD STREET. N FARM VILLAGE COMM. CB. MICS. SUB. ACR. TYPE OF BUILDING Value - LOT-- ' REMARKS tl~le oodlond ~ Plot 'iai FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD Foundatio~ /c~ ~ Bo~n Breezeway Garoge Patio O.B. ~nt Ext. Walls Fire Ploce R~m~ion R~om Dom~r Floors ~terior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway l'~al Dinette K, LR. DP.. BP.. FIN. B LAND TOWN OF SOIJTHOLD B[rr~.nlNG DEPA~TMRNT Town Clerk's Ot~ice Sou~hold, N. Y. Cerlificnte Of Occupancy THIS CERTIFIES that the building located at . .S./.S....T.e.r..ry..L..a.n.e ......... Street Map No. ~ ......... Block No...x..x_~. ..... Lot No, xxxx So.u.t.h. old N.Y. conforms substantiallylo.the A~p. plica.tion for Building Permit heretofore filed in this office uu~y To 7~ 739~Z dated ......... Mar. ~. ...... , 19..7.3. pursuant to which Building Permit No.6382Z... · .July 10 197~ . dated .....~.a..r .... .~ .......... , lg..7~., was issued, and conforms to all of the reclmre- ments of the apphcable provisions of the law. The occupancy for which this certificate is Private one family, dwellin & Garage issued is ............................... g ...................................... The certificate is issued to ...~.o.b.~l:t. ~.i.~r ..... -~'~ler ............................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ~.~. ~ ....~.9.7.2 ..................... UNDERWRITERS CERTIFICATE No. ~.3.3..~? .8.1 ..... .~.p..r.i.1.. 1.29...1. ?7.7. ............. HOUSE NUMBER ...... 3~.~ ~ ... Street ... Ta=ry...L~ne ......... SoathoL~ ....... .................. e..t.c..b.~ ......................... Note: Carpeting, owner ........................... .... ...... Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 6382 Z Permission is hereby granted to: Build private garage ( fSrat section of ,~ttaehed dwelling & G~.~ge) S/,9 Terry L~ne .(fonnde.r.s I,aDd:~I)~). .................. at premises Io~at~l at .......................................................................................... $ou~hold ~. Y · pumuant to o~lication dated ......................... ~.2~.~. ....... ~. ....... , 19.~.., and approved by the Building Inspector. Fee $ ......... ;; ............. APPRO_yED AS NOTED DATE: FEE: I~' BY ~,"~' NOTIFY BUILDING DEPARTMENT AT I~5-2660 9AM TO 4PM FOR REQUIR- 't u~-FOKE BACKFILLING F©UNDA- ,IZN OR S~ART FRAMING .. BEFORE COVERING PIP~LINE 3. FINAL WHEN JOB C~FLETED NOT RES~NSiBLE FOR DESIGN OR CON- STRUCTION ERRORS TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificete Of Occupancy No.Z~.~.~ ....... Date .............. ~r...¶~ ..... , 19.77. 'THIS CERTIFIES that the building located at .... S/$..~.e.r..x~r..L.i~ ........ Street Map No.~J~ ..........Block No.. ~ ...... Lot No, ~r, ...~Oi~tllo1d..Il,X, .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated ......".~ ....... ....l~.a.~... ,~19 .~. pursuant to which Building Permit No.. dated Ma~' ~ 19.7.~.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .P.~.~..?a..~...o..~...f..a~..1.¥..~]..l.:~.g .&.. II~a.l~ag.e ............................. The certificate is issued to . .R°..b~..~.t. .D..~..~. ...... . .0~n..e.r. ............................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .1~.~.. 3...19~J~... b~..Rt..~.~-& ..... UNDERWRITERS CERTIFICATE No..N.~.~L~..~.8.1 .... .~p.~....29....19.7.7. ................ HOUSE NUMBER .... ~ ...... Street . .~.~;~..~.e. ....... $~.~;hO],~ ........... Building Inspector/ FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 7395 Z . Permissio~ is hereby granted to: pursuant to application dated ................................ .J..L."..~.Z ....... .~..0...., 19...~.~.., and approved by the Building Inspector. Fee $.8~ e.~Q ........... Building Inspector II '/..'.. / ....TOWN OF $ouTHOLD -- .... /,~t, ,~-~ TOWN CLERK'S OFFICE ........ '~ souTHOLD, H.Y. H Applicotion No, ~ } ~ 2 ,, ~ . . ~.. ' .................................... ~' ~-/7.'- ~/~ "' '. . . , .................................................... ~ '~.',.~~ ........ ....... .......................... D~te ....................................... ' ~q~ ~- ~ -~/~;'*'ed in tripl cate to the Building inspector, a. This appli~fio~ mus~ ~ completely filled in by WPe~i~er or in in~ an~ ~uu · of buildings on premises, relationship to adjoining p[emises 0r public streets or areas, and~ ets of plans, e~ur?e plo~ plan to sca e. Fee according to schedule.. . . 3 s~ pIo~ Dian showing Io~ton of Iot, an~_~,t,, ust be drawn on diagram whiCh is part o~ ~his application. c. The work covered by this application may not be commenced betore issuance o~ Building Permit. giving a~e~ailed descriptio, of layout o~ pru~,-, m . d. Upon approval of this application, the Buildi~ Ins~c~or will issue a Building Permit to the applicant. Such permit shall be kept on bee; ' bte for ins~Cfion ~hroughou~ the work.. the prem ses avada - ~ ~. -sed in who~e or m part for any purpose whateve~ untiJ a CertJficam of Occupancy sha~ have e No building sha~l ~ occupmu =, ~ g~anted by the Building Ins~ctor. of ~ Permit pursuant to ~he 6u~ding Zon: ~aws, Ordinances or Regulations, for the construction APP~ICATtON IS HEREBY MADE to ~he BuJJding Departmen~ fo~ the issuance BuiJding Ordinan~ of the Town of ~u~ho~d, Suffot~ County, New York, and o~he~ applicable · ~ees to comply w~th al~ =pp{icabJe (Signature of appJicant, or name, ~f a corporation) ~/ '~/~:"'"'~' (Address of applicant) /' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build _ ~ ,,~ ~ ~ ~, .~...c..~...~, *. ~, ........................................... _ _~ ~ ~- ~' . ..~./, .....~ ........ . ........................... ....... ~..~...~...5~..."~... ....... · .................... '9 .... 7) ,~/~.~' .......................................... ' .... Name of owner of premises ...~....~'"' If applicant is a corporate, signature of duly authorized officer. ..................... i~'~'~'~i~le o{ c~rporate officer) Builder's License No ................................................ Plumber's License No ......................................................... · s License No ..................................................... ' ~_ "'~' ~ '*"~ r~ o ~ ot NO ~.E ectrlc an Other Trade s License No ....... · ....... c ~'"~"r~ 'a' '~ Location of land on which proposed work will be done. Map No..~ ........ ~. ............................................... 1. , ,r ,~ ~ ~ /~)~ ............ ' ................ Municipality Street and Number ........... 2, State existing use and occupancy of premises and intended use and occupancy of proposed construction: a, Existing use and occupancy ..................... ~ ..... ~,~.r , , ..................... ..... ,~,~,/..~,,..:, .................. .~., .~_.~ .~ b. Intended use and occupancy ..... ,q."~'~"~' ..... /"~ '~" ................... ~,' Repair ......................... Removal ......................... Demolition ........................Other Work .................................... (Description) /0 ~ 4/` {o I. ~ Estimated cost 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 cars ............................................................................................................................................ · If business, commercial or mixed occuoancy, specify nature and extent of each type of use ..................................... Dimensions of existing structures, if any: Front .....................Rear ........................... Del~th ................................... Height ........................................................... Number of Stories ............................................................................. Dimensions of same structure with alterations or additions: Front .......................... Rear ......................................... Depth .' ......... Height ......................................... Number of Stories .............. .~ ...................... L Dimensions of entire new construction: Front ......... :~;~-:../. ........ Rear ........ ;~e...; ............ Depth Height ......... ..~...~Z../.. ............................ Number of Stories ). Size of lot: Front ......... ,~...~...~. .................... Rear .......... /..~...'f. ......................... Depth ........ ~.~:.¢?. ................................ I0. Date of Purchase..~?.~,~'.. .......... Z~..Z..-~, ..... Name of Former Owner .~Zd.,5'..~ .......... .o...~...~'..:~.../~...~....4~.... ............................... ) 1. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ............ .~...q .......................................... 13. Will lot be regraded ....... .~Y..i..°..; ................ Will excess fill be removed from premises: [ ] Yes [~[No 14. Name of Owner of premises ~/~q:~~//Z2~g~;~~x~~=~t;~ ....... (Address) (Phone No.) Name of Architect ......... ..~./..<../.~.......~..~t~,~f.:..'~. ........................................................................................................ (Address) (Phone No.) Name of Contractor ...... .{~.:.L..,~... ................... ~ ............. ¢.. .......................... ~2..'~......: .~.. ................... ~.7. ......... .~.~. ........... (Address) (Phone No.) PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from 3roperty lines. Give street and block number or description according to deed, and show street names and indicate wheth- ;r interior or corner lot. YATE OF NEW YORK, ) OUNTY OF ......... ?..~..~....~,..-~... ?..~ ..~. ~. ................... .......... ~.?./~.?~..~..../~.. ........ .~...~'..~.'~.. ............................................ being duly sworn, deposes and says that he is the applicant above named. {Name of individual signing contract} e h t he .....0...~....~..~..~. ~ . .~..E Lo. ~..~ ..~.. ~ ..~..°..~ ................................................................................................... {Contractor, agent, corporate officer, etc.} said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all atements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner forth in the application filed the, J'eE~h. ........ ............... 4otary Public..~~~ .......... County ................. .~.~~....,~ ............... : ........................... {Signature of applicant) [" H.D. Reference No "]t f PPLICATION I~OR APPROVAL TO CONSTRUCT A PRI¥~,TE SEWAGE DISPOSAl, SYSTEH Apl= ltcant ~¢~,.~-- /,~,.,.<>e. Phone [,/,:.:~.,-~5. Add~es~/ '~,r~ ~,~ ~,'z-~,~,? ~..F.. l/ ~ ~ 7 6. Proper~y location ~.~ z~,~,~- ~- ~. Township /2,,' /;%-' t~ . d~u~lic Wate~> Company namef%,,,>;z~..,/ /~ ~, ~,, Lo~i~-~--'-~idth ,/.~' feet Length .~- feet Subdiv. --'1 Section Lot No. B. Private well -i 9. Public wa~er Distance to main (Enter oa center plot be[ow) S~wage Dispos/a~S/stem: , A. /~09/gall0n septic tack: Precast O"Equivalent g. ~j.e~ching pools: Number. Street The undersi~ned e in accordance with rds thereto~." " Block Special If private w~l~ in blanks below; Tank capacity r Gals, Pump Tota/l well ~t, pth De,tn to G.W. Amount of water in well Teat Hole Data 0 2 -15 evis~ Date ,- - ~igned OR HEALTH DEPARTMENT USE s the oRinio, h!gf,~i,~he Health Department, that an isposai t'emi~cin?'be installed on this plot. ONLY. Based on the information presected herewi[h, it adequate and ~atisfacco~'y S~Wage Signed / Owner or Builder ERTIFIES: "Construction of authorized installations will ;he Suffolk County Department of Healt~'s current stand- FOB,M NO. & TOWN OF SOUTHOLD BuILr~ING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificete Of Occupency No.~.~.~..~ ....... Date ...............,/~ .6 ......, 19..~. THIS CERTIFIES that the building located at . ~/8.. ~el'~J~..La~e ......... Street Map No. ~ ........ Block No...~ .... ~t No.. ~ .... $O~t~Ol~..~,~, ...... confor~ substan~ally~o ~e Application for Building Permit heretofore ffl~ in t~s office . ~ ~o ~ _739~ dat~ ........ ; ~. ~ ...... , 19.~. p~suant to which Building Pe~it ~o.6~8~. · · da~ ..... ~.... ........... , . ., was issued, ~d ean~o~s ~ ~1 o~ ~e r~ ments of the applicable provisions of the law. The occupancy for which this certificate is issued is..15'~..~..t.*...o~....i.e.:LT..~v~13,:tu~.,*..~.a~'&g~ ............................ The certificate is issued to ...Ro]~eFt. l~.el' ..... 0w~e~' ............................. ' (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Max,. 3 · · - l.~?'/ ..................... UNDERWRITERS CERTIFICATE No.~.~..~.~ ..... .A~.r.i~...~...197~. ............. HOUSE NUMBER ...... 3~ .... Street ... T, rx'~. · .La~ ......... Bo~the~.d ....... liote i. gax'imtlag¥ .ere..by. mme,. · Building Inspector