Loading...
HomeMy WebLinkAbout6235l~ivate Rd. north of &8 ,-~' '-, 73 Peconic, NY i ~ ~ TROYANO, PETER J. & ~RGA~T S. ~329& Road access FIND: 9/20/8~- Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 28, 2009 ZBA File ~235 - ANDREW and ELIZABETH GREENE Location of Properly: 30653 C.R. 48, a/ida Middle Road or North Road), Peconic; CTM 73-4-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is exempt under Town Code Chapter 268 for the reason the relief requested is in a location greater than 100 feet from the top of the Long Island Sound bluff or bank, and greater than 100 feet from the established Coastal Zone Management boundary line. PROPERTY FACTS: The property is located in the R-80 Residential Zone District and the applicant's survey shows approximately 74,000 square feet (1.7 acres) of buildable area, and approximately 11,200 square feet of unbuildable area north of the Coastal Zone Management boundary line, or total area of 1.9491 acres. The property is improved with a single-family dwelling and new garage building under construction (Building Permit # 29436). BASIS OF APPLICATION: Request for a Variance under Code Section 280-14, based on the Building Inspector's March 20, 2009 Notice of Disapproval concerning an amended application for a building permit to construct an addition (conditioned space) to attach the as-built construction to the dwelling, which as-built construction will be less than the code-required 20 fl. minimum from the side yard. RELIEF REQUESTED (Ori.qinal Application): The applicants' original application was based on the Building InspeCtor's Notice of Disapproval dated June 30, 2008 and their building permit application for non-permitted use of an as-built accessory building (as-built accessory apartment). This Page 2 - May 28, 2009 ZBA # 6235 - Andrew and Elizabeth Greene CTM 73-4-5 : variance application was withdrawn by the applicants on March 20, 2009 regarding the use variance for aS-built accessory apartment and/or home office use in the new garage construction, which uses were not permitted under Zoning Code Section 280-12 and Section 280-13C-2-a. RELIEF REQUESTED (Amended Application): Subsequent to the January 9, 2009 public hearing, the owners submitted an amended application to the Building Inspector, and based on the Building Inspector's March 20, 2009 Notice of Disapproval, a variance application was filed requesting a side yard setback at 10 feet of the accessory building, proposing conformity of the building floor area, with one of the following two options: (1) proposing an addition converting the building to a conforming use and connecting the accessory garage to the dwelling, resulting in only an area variance for a side yard setback at 10 feet instead of the code-required 20 feet from the side yard property line provided under Code Section 280-14, or (2) proposing the as-built setback in the event the connection to the dwelling is not built for a 10 ft. side yard setback after converting the as-built accessory garage to a conforming use as per Code (without the as-built kitchen, bedroom/sleeping facilities, full bathroom). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009 and April 23, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: After a great deal of testimony and discussions between the applicants, the applicants' attorney, and Board Members at the first hearing on January 8, 2009, the applicants found themselves in a dilemma since the Board was very reluctant about granting a second dwelling on this property for the as-built con.struction without permits. This left the applicants with only one of the following two options: to connect the main dwelling to the accessory building with a heated connection and to bring the use of the building area into conformity with the Code, or alternatively not connect the main dwelling to this building and to remove the nonconforming as-built home office and living space area. (']'he first option is similar to that required under ZBA File #5667 issued March 10, 2005 concerning premises located in Orient, NY.) 1. Town Law §267-b(3)(b)(3)(1). Grant of the alternative relief (allowing only a setback reduction on a single side yard) will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants submitted an amended application, removing the request for relief for a use variance, and seeking alternative relief to connect their home and the two story-garage (presently a detached, separate building with non-permitted living space). The accessory building that exists is not conforming as built, since it contains as-built sleeping quarters on the second story and has only 10 feet from the side lot line instead of the code required 20 ft. setback. ! The connection between the two buildings as proposed will be conditioned, heated space, to bring, ithe building into cohformity with the code for either an accessory building use, or an Page 3 - May 28, 2009 ZBA # 6235 - Andrew and Elizabeth Greene CTM 73-4-5 addition to the dwelling. The dimensions of the garage without the connection are 24.3' by 36.2' and lies 10 feet from the easterly property line. The alternative relief that is requested is an area variance for the as-built 10 ft. side yard setback, resulting in a 50% reduction in code requirement from the 20 ft. minimum requirement. The applicants have agreed and will remove all kitchen facilities, to include wet bar from the as built second story improvements made to the as-built portions of this building. 2. Town Law .~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicants have two options: (1) to link the freestanding garage to the two-story, single-family home, accommodated by a heated hallway-type connection between the two buildings, to meet the code use provisions, and not as an accessory apartment, or (2) to convert with a building permit, the as-built detached garage building to a legal accessory garage without kitchen or sleeping quarters, applying the 10 ft. side yard variance granted in this application, without the need to apply with a new application. 3. Town Law §267-b(3)(b)(3). The variance requested herein is substantial, resulting in a 50% reduction from the code required 20 feet, and there is no alternative to increase the setback because the building location was noted as an allowable setback under building permit Cf 4. Town Law §267"b(3)(b)(5). The difficulty is self created and is related to the as built areas of the accessory garage construction under Building Permit Cf 29436. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of new construction (alternative relief with conditions as an accessory or alternatively as an addition to the dwelling), while preserving and protecting the character of the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Weis~an, and duly carried, to DENY the application requested concerning the as-built structure, denying a second dwelling unit on this property, and denying an accessory garage with nonconforming kitchen and/or sleeping quarters, AND TO GRANT relief as requested in the amended application subject to the following conditions: 1. A second kitchen or second dwelling is not permitted on the premises. Page 4 - May 28, 2009 ZBA # 6235 - Andrew and Elizabeth Greene CTM 73-4-5 2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector and the property owner ara requested to (a) notify the Zoning Board of Appeals that the above conditions have been completed, and {b) when completed, to contact the Board of Appeals and arrange for an inspection by a raprasentative of the Zoning Board of Appeals and followed up in writing by ZBA to the Building Inspector, for the purpose of acceptance or other steps to conform to the above condition). 3. The connection from the house shall be heated, conditioned space connecting the accessory structura, for the purpose of meeting the use provisions of the zoning code for only one single-family dwelling unit on the pramises. The connection shall be as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height). 4. The Board raquiras a certified copy of the plans and specifications ragarding the one- story connection unit together with the type of heating, lighting and foundation for the structural connection. 5. Alternatively, if owner decides not to attach the accessory building to the main dwelling by conditioned space/connection, a certified copy of the plans and specifications prepared by a licensed professional is required, with removal of kitchen and any other nonconforming area, for conformity as an accessory building as per code before a Certificate 'of Occupancy is issued, 6, A Declaration of Covenants and Restrictions shall be submitted in recordable form within 90 days of the receipt of this decision for approval by the Town Attorney, stating restrictions at this property for limitation of only one single-family dwelling on this property and garage addition or accessory garage as per code (and with variance for 10 ft. side yard. This Covenant must be filed by the applicant's attorney with the Suffolk County Clerk's Office, and a conformed copy shall be furnished to ZBA and Town Attorney for the permanent official ZBA and Building Department files. The above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This .action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degre~e of nonconformity. Vote of the Board: Ayes: Members Goeh~~on¢4~-~hilan, e.qd-~cbneider. -(Member Oliva was absent.) This Resolution.~ia.J'~ly adopted (4-0~.-."-' : -- - ~' , ..-'"/x"/..-~/' .--- ..../.-~....,..,/ , ~- / /// RECEIVED , -GER6RD15. GOEHRINGER, CHAIRMAN z,--- ,,// · Ap~r'~ved for Filing / ira, --' ~ui~ 2 2009 ~L~H'hol4 Town Cler'~, Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 2, 2009 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 S£p 1 4 2oo9 Patricia C. Moore Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6235 - Greene, Andrew & Elizabeth Dear M~s~oore: Transmitted for your records is a copy of the Board's May 28, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel t~ee to call at any time. Very truly yours, Llnoa l~OWalSK1 Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 30, 2008 AMENDED: March 20, 2009 TO: Patricia Moore (Greene) 51020 Main Road Southold, NY 11971 Please take notice that your application dated June 19, 2008! '~ ~'~ ~ ~' For permit for "as built" accessory garage to be converted to }welling' addition Location o'fproperty: 30653 County Road 48, Peconic~ NY CountyTax Map No. 1000 - Section 73_ Block 4_ Lot5 Is returned herewith and disapproved on the following grounds: The proposed addition, on this conforming 84,903 +/- sq. ft. lot located in the AC Zone, is not permitted pursuant to Article III, Section 280-14, Bulk Schedule, minim~ma side yard set back required is 20 feet, the survey shows the garage setback 10 feet from the side property line. NOTE*- Based on inspectors' report dated 12/19/07 the "as built" garage included a kitchen and bedrooms. (Attached) This permit'(and garage location) was issued in error under building permit #30680. At the time of the issua~, ce of the permit (10/4/04), the code required a 20 foot side yard setback. The garage is located at a 10 foot setback fi.om the side yard line. Disapproval based on survey of Peconic Surveyors dated 5/15/08 and hand drawn plans submitted 3/20/09. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL OCT ] 20011 OF APPEP TO: Patricia Moore (Greene) 51020 Main Road Southold, NY 11971 DATE: June 30, 2008 Please take notice that your application dated June 19, 2008 For the conversion of an "as built" accessory apartment in an existing accessory garage to an office for the purpose of a "home occupation" use at Location of property: 30653 County Road 48, Peconic, NY County Tax Map No. 1000 - Section 73 Block4 Lot5 Is returned herewith and disapproved on the following grounds: The "as built" accessory apartment, in an existing garage on a conforming 1.9 acre lot in the R-80 District, was created without the benefit of a building permit and, as it exists, is not permitted pursuant to Article III, Section 280-12, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." The proposed change in use to a home office under the home occupancy law is not permitted pursuant to Article III, Section 280-13C.2.a, "Accessory uses," "home occupation" which states, "Such occupation is incidental to the residential use of the premises and is carried on in the main building..." This Notice of Disapproval is based on plans dated April 18, 2008~ by Elizabeth Thompson~ Architect. :ed ~ure Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ReL # R10-02-0014 #/ 0 ~ ~VY ALTERATION OR ADDITION TO ~ ~ \~ OF SECTION 7~09 OF 7'HE NEW YORK ~TAd' ~ CATIONS EXCEPT AS PER ,SECTION ~OR - SI.,~k~N R, ALL CERTFI ~e ~ ~, HEREON ARE OR '" · BY' · I TEST , I am familiar wlth fha STANDARDS FOR APPROVAL 45' BORING ~, AND CONSTRUCTION OF SUBSURFACE SEWAGE # / SL DISPOSAL SYSTEMS FOR SINGLE FAMILY R. ESID.ENCE. S, I~ ~ ' and will abide by the conditions se! forlh therein aaa on me ~ ~ perm# lo construcl, ' ~ .~ ' _ , I "7, The Iocj~tons of wells end cesspools.. ~,, ¥ , ~ ~ ~. show~ ~er~on are ~ ~ ~ ~ ~ .. ~ ~ end ~ fr~ ~tn ~f~ ~om omers. ~ ~ ,~ PHOTO NO, ~ - ~6 ~ ' ~ ~ ~ ~TFIED TO, ~ ~:~ ,/ ~STE~. ~VINGS BANK , ,- t I I % ~ ;" ~'~ ' CROSSECTION- SEPTIC SYSTEM ~ ~ROPDS;D 3EPTIC SYS~M - ~ I 'POOL I~ D~P WITH 3~ ~AN ~ SA~ C~LAR REMO~ MA TERIAL DO~ TO SA~ ~W A~ ~ o, ~URVEY OF PROPERTY BACK ~LL ~H CL ~ SAND, I I000 ~ o ~ ~,~ ~ ' A T PECONIC ~ ~ TOWN OF SOUTHOLD ~ ~ SUFFOLK COUNT~ ~ ~ ~o- 73 - o4 - o5 .~ SCALS r= 6o' ' DEC. 26, 2001 DP/ELLIN~ ® WELL CJ~. 150' · TEST \ .~ ~ 40'57'10'W? "'129.66' N/O/F ~' t.THOMAS P. McGUNNIGLE N/O/F' ~/OHN & BA,~ ~ ,TIONS ARE REFERENCED TO N,G.V.D, MONUMENT PIPE ~FA = 19491 acres TEST HO~E ~ I SL O' ~J 24, $' TOPS~L ~e Br. Sand SIII~ Trace ,. trace ~r. ~ty Clay SM ~ny~h S~d E Sllf~ Same ~eylsh Bt. ~fy Cloy, ~ Trace GR. SM Co.se fo FIna Br. E Dark Br. S~d, Some Gravel Some Br. & ~aylsh Br. ~1~ Cloy ~ Co.se to F~ Br. S~d g F~e Gr., Tr~e ~1 lo ~d. ~. Coarse fo Br. Sand ~ ~.~ #'ccc ~ to Msd. 3~' Gr. SW MA Y 15, 2008 Wafer Level SCDHS ReL # RIO-02-O014 " rESt HOLE # I '"~ /~' -~~./ x'~' SMSiIty S(m~ ~j . ~'~" ~ . / ~. ~ L'~ ~ ~ AL~RA.ON OR ADD/T/ON TO T~ SURVEY IS A V/O~T/ON Wafer in Br. .~ ~.,, ~ I ~ %o~ / ' , IAI~ 1t..,-,,- ...-. , ' %--. I , sand SM El' brown silly sand SM Wa/er In brown clayey sand and sandy cia>, SC &CL VAPJA~LE W~DYH EASEMENT MIDDLE ROAD GRANTED TO PETER ~ TROYANO, MARGARET TROYANO, HENRy REIC. NMAN~ AND STELLA RE2CHMAN DWELLer6 e ' WET_L CJ~. 150' medium sand SP ELEVATIONS ARE REFERENCED TO N.G.V.D. · = MONUMENT · = PiPE AREA = 1.9491 acres to tie line OF SECT/ON 7209 OF' THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7E09 - SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID 1~4P OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HE~EON. ~.~ ADOITIDNALL Y TO COMPLY WITH SAID LAW THE TE,=,M 'AL TS, CED ST' ~-~"'~ ,MUST BE USED BY ANY AND ALL SURVEYORS UT/L/ZING A COPY * OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND 'BROUGHT - TO - DATE' ARE NOT IN COMPLIANCE WITH THE LAW. I am lam/Ilar w/th lhe STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will ab/de by fha conE/lions se/ forth /herein and on /he perm# lo CORStrucI. The Iocetions of wells and cesspools shown hereon are from field ohEervql/on~ end or from d~fe obtained from olhers. COASTAL EROSION HAZARD LINE COASTAL EROSION HAZARD AREA MAPS PHOTO NO. 57 - 556 - 83 CERTIFIED TO~ ANDREW d. GREENE COMMONWEAL TH LAND TITLE INSURANCE COMPANY ULSTER SAVINGS BANK -- /c~' ~ I b~e~e~ C/r, r! ~-~.~ ~' --- ~ROPDSED SEPTIC S'fST?I4 ' ~}OL !Z DEE~ filTH 3' CLE~N DO~ TO EAND SW AND ~ SA~. I 10007al~1 · A T PECONIC TEST OriOlE #2 S. 40'57'10'~¢.~ Xl29.66'! N/OIF I .THOMAS P. ~E! ~8~[ING ~n~ARA 0~ 28 36'6" TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y 1000 - 73- 04 - 05 TEST HOL, E # I SL Fine Br. Sand & Sill, Trace Smell ia Pine Gr., ffaca Si/fy Cloy SM' ¢'ine Br. &-' Grayish Br. ~Sand ~ Sllf~ Same Grayish Trace oR. Br. E D~k Br. So~ Gravel Same ~ay/~ Br. Co.se Io Tre~ Smd/ Br. Sr~d small fo SCALE.- 1" = 60' DEC. 26, 2001 MAY 15, 2008 Wa/ar Level × PECON/C (6311 765 - 5020~~ P. O, BOX 909 v 1230 TRAVELER STREET SOUTHOLD~ N,Y, 11971 196/8 ~ - 1797 ! ,/ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 September 30, 2008 Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED RE: Greene PREMISES: 30653 County Road 48, Peconic SCTM: 1000-73-4-5 Dear Chairperson Goehringer and Board With reference to the above, enclosed please find seven sets of a variance application together with attachments for a home office in an accessory structure. The garage is constructed, Mr. And Mrs. Greene presently work from their home. They recently adopted a child to add to their existing family (3 children under 6 years of age) and the parents have no more room in their home for their office. They seek permission to convert the existing space in the garage for their home office. They have an open building permit (waiting for CO) for the garage until the ZBA approves use of the second floor space in the existing garage to home office. Would you kindly place this on your earliest calendar for a hearing. Thank you and please do not hesitate to call should you have any questions. ~V_gQ/tr~ours, ~atricia C. Moore PCM/bp APPLICATION TO THE SOUTHOLD TOWN BOARD OF AP1 ~xLS ~, v .~,~ ~ffice Notes: ~ ~' ~ House No. 30653 Street County Road 48 Hamlet Peconic SCTM 1000 Section 73 Block 4 Lot(s). 5 Lot Size 1.949 Zone R-80 10VE] APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 19, 2008__ BASED ON MAP DATED May 15, 2008 and architect plans dated April 18~ 2008 . Applicant(s)/Owner(s): Andrew Greene & Elizabeth Greene Mailing Address: 30653 County Route 48~ Peconlc NY 11958 Telephone: 721-5999 Fax g: Email: NOTE: In addition to the abovg, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765~1643 Email: pcmooorel~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or a' Authorized Representative, or E Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 5/15/08 APPLICATION DATED June 30~ 2008 FOR: XBuilding Permit I:] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [3 Permit for As-Built Construction EOther: and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- Subsection 13 C 2 a Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. ~ A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [3 has, E has not been made at any time with respect to this property, UNDER Appeal No. Year __. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBA File # REASONS FOR APPEAL (add#ional sheets may be used with preparer's signature): AREA VARIANCE RE.4SONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property is isolated and there are no immediate neighbors. The one and one-half story garage was constructed with a properly issued building permit. During the course of the construction the family adopted a third child and their home offices had to be relocated out of the principal residence. They wish to convert the space from storage to home office. There was no intent to build an accessory apartment, just a home office. Attached is their biography: Mr. Greene holds three jobs- he is the director of a not-for -profit, the manager for Carefree RV Resorts and sells real estate for Prudential Douglas Elliman. Non of these jobs require customers to go to his property, he travels extensively to White Plains, Arizona and New England.. Mrs. Greene is a free lance food editor. Her work is electronically transferred with periodic visits to Manhattan. These jobs require a quite place to work which is impossible with three young children, computers and file cabinets (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The only solution to their space needs would be to connect the house to the garage, however, as self employed individuals who tela-commute with three young children their budget does not allow for further expenses. The garage is existing and the space is quiet and separate from the household activities. Furthermore, the use of the garage would not impact neighbors. (3) The amount of relief requested is not substantial because: The garage dimensions would not change, they would simply ask for relief from the home office being in the principal residence where it would be impractical and require an extensive addition. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house and garage were located more than 100 feet from the top of the bank. The garage continues to serve as a garage to house their vehicle, but provides the benefit of extra living space to run their home business office. The Zoning Code specifically permits home office use since 1991. This was legislated when the Town Board was pushed by the local contractors who wanted to work from home. The contractors work from their trucks. The homes have limited function for professional and business persons. They sit in their space and work from their computer. Paper and files overtake their office space. Mr. And Mrs. Greene need a quiet environment to communicate with their clients. (5) Has the alleged difficulty been self-created? (X)Yes, or ( )No. Are there Covenants and Restrictions concerning this land: = No. ~3 Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF .4 USE V.4RIANCE IS BEING R~QIT'E~-D,~'~D PLE.4SE COMPLETE THE .4TT.4CHED USE V.4RIANCE SHEET: (Please be sure to~~ ST~ture of Appellant or Authorized Agent / ,.~T-/--~ (Agent must submit written Authorization from Owner) Sworn to before me this Not-a~y Pul~dc ' MARGARET C. RUTKOWSK~ Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~ Commission Expires June 3, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Mr. And Mrs. Greene Owner: Date Prepared:__Jul¥ 17~ 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas: Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): __ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction if Existing Building Alterations or Structural Changes (attach extra sheet if necessa~) - Please describe building areas: convert second floor of earaee to home office space Number of Floors and General Characteristics BEFORE Alterations: 2 Number of Floors and Changes WITH Alterations: 2 IV. Calculations of building areas and lot coverage all buildings on property (from surveyor): Existing square footage of buildings on your property: _ existing house 1,776sq.ft. & existing ~,araRe 864 so.ft. Proposed increase of building coverage: 0 - use of existing space Square footage of your lot: . 9! 7lC q ~;r~ I~qz (~0'~< /1~ ~ /Ol ~2ff~) Percentage of coverage of your lot by building area: 2,640 sq.fl./ V. Purpose of New Construction: use of second floor of existine carafe for office space VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): house is on Lone Island Sound & ~aral~e is in front yard Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 JOB DESCRIPTIONS ANDREW AND ELIZABETH GREENE In his current employment, Andrew Greene is affiliated with 3 organizations: 1. Andrew is the Director of Development and Finance for MVP Basketball Camps, Inc., a nonprofit organization based in White Plains, NY. MVP runs 4 one-week basketball day camps each July. Over 350 economically disadvantaged children come to camp each summer on scholarships. To pay for these scholarships, valued at over $110,000 annually Andrew writes grants to corporations and foundations, conducts an Annual Appeal, and organizes an annual fundraiser. He also manages the organization's finances and investments. All of this work is done at home. 2. Andrew is also the New England Acquisitions Manager for Carefree RV Resorts, a company based in Scottsdale, AZ. Carefree owns and manages RV parks nationwide and is currently attempting a major expansion into New England, where it currently owns just one park. In this capacity, Andrew identifies attractive parks, visits them, and tries to establish a dialogue with the owners. In the event there is a park Carefree is interested in, he analyzes the finances, researches relevant zoning issues and takes any other steps to facilitate the transaction. He regularly writes reports on all these activities to send back to the head office. Other than the actual travel to the parks, all of this work is done at home. 3. Andrew is also a Licensed Real Estate Salesperson affiliated with the Southold Office of Prudential Douglas Elliman Real Estate. While he utilizes the PDE office in Feather Hill for meetings with clients, he spends a great deal of his time on this job working at his home office~ preparing presentations, putting together Comparative Market Analyses, doing research on properties and communicating via phone and email. Elizabeth Greene is a freelance food editor. Prior to moving to the North Fork, she spent 12 years working as a Food Editor in the test kitchens of Gourmet Magazine and Good Housekeeping. The position of food editor involves testing recipes, developing new recipes, writing recipes for publication, and sourcing ingredients. While some of this activity obviously takes place in the kitchen, much also occurs in her home office. Elizabeth most recently has been working freelance for Gourmet Magazine on its television program "Diary of a Foodie" and expects that she will be spending an increasing amount of time in coming years working freelance for publications and television programs in the food field. OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Andrew & Elizabeth Greene 1000-73-4-5 Use of Existing Grage ls the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Long Island Sound 2) Are these areas shown on the map submi~ed with this application?~ 3) Is the properly bulkheaded between the wetlands area and the upland building area? No 4) If your properly contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? __no (P}ease show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel tara~,e .... ~-3 and proposed use home office (¢.x~fh~isting: single-family; proposed: same with garage or pool, or other description.) Ahll~ori~Zed Signature and Date 2/05; 1/07 To: Southold Town Zoning Board Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies as necessary Re: Andrew Greene & Elizabeth Greene Tax Map: 1000-73-4-5 The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a variance to use the existing garage for home office at the above referenced parcel. TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: ' ' -- The Town of Southold's Code of Ethics prohibits conflicts of interest or/t.h.e..pm of Town officers and employees. The purpose of this form is to provide information; whmh can:alert the' Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid Andrew Greene & Elizabeth Greene and Patricia C. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance X *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted this [Y day of .iy~z2~- Signature: ~/~ Print N~e:_~ ~ Signatme: ~~ Print Nme: Patricia C. Moore Esq. PROJECT ID NUMBER for UNLISTED ACTIONS Only PAR1' 1 · PROJECT INFORMATION ( TO be completed by Applicanl or Project Sponsor) 1.APPLICANT!SPONSOR 2. PROJECT NAME __ 3.PROJECT LOCATION: ~0~_~D C.-~ .//~ Mun ,pe,, , cou. 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR 4. PRECISE LOCATION: Street Addess ~ Road Interseclk)ns. Prominent landmarks etc -or orovipe map 6. DESCRIBE PROJECT BRIEFLY: /ooo- 7. AMOUNT OF LAND AFFECTED: InlUalty ?, ~ acres Ultimately /. ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) r--.-~ Darer (desc~ipe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State or LOCal) r"-IYes I~'/lNo If yes. list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [:~Ye$ E~No I! yes. list agency name and permit / approvah e6 . I CERTIFY TI'IAT INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A,oplicant / ~ Date: ~/'~/--~)0 If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agmtc~,) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL FAF. [] Yea [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 5 NYCRR, PART 617.6? If NO, a negative declaration may be superseded by another Involved agency, C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing Iraffic pattern, solid waste production or disposal, potential for erosion, drainage or I~x3ding problems? Explain bdelty: ! i C2. Aesthetic, agricultural, archasotsg~el, historic, or other natural or cultural res~Jrcss; or community or ne[ghbo~ood cheracte~ Explain bK~fly; I C3. Vegetetiollor fauna, lish: shellfish Or wildlife species, slgrflf~ent habifa~s, ~' thre~:~ or endangered species'/Explain briefly: I I C4, A community's existing ~naor g~als as offic!ct~ ~)~e~l', ~. a change in uss or intensity of use of land or cthe~ natural resources? Explain bdefly~ I C5. Growth, auhaequent developmerd, or relatsd activffie~ likely to be indu~ed by the proposed action? Explain briefly: c~'. ~thar ~mpacte I,~hidti~,=h,,.~s ti~ u., ~ e,har qus,~ ~' t~'~;~ ~'~ Exl'tein D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA tCEAI? ~lt )'esl expisin bde'~: E. IS THERE. OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ff yea ~xplain: PART lit - DETERMINATION OF SIGNIFICANCE {To be completed by Agenw) INSTRUCTIONS: For each advar~e effect identified above, determine whether if is substantial, large, imports nt or otherwise slg nificant. Each effect should be assessed in connection with rts (a) setting (i.e. urban or rural); (b) probabiifiy of occurring; (c) duration; (d) irrever~ibility; (e} geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequata[y addressed. If question d of pert ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive decieretio~. Check this box if you have determined, based on the informaUon and analysis above and any supporting documemction, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~/, the reasons supportJng thi= delermlnation. Name of Lead Agency Date Tifle of Responsible ofgce; Print or Type Name of Respo~stbte Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsltile ottteer) Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for pem-dts* including Town of Southold agencies, shall icomplere thi~ CCAF.fdr' proposed actions that are subject to the Town of Southold Waterfront Consistency Review Eaw. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suovortina facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. SCT # -73 y A-- PROJECT NAME DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [] Planning Board ~ Building Dept. [--~ BoardofTrustees ~-] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ~.3~ e;/ ~ .~~ (b) Mailing address: 20 ~,~-/~ C'~ ~.. ~-~-t~ (c) Telephone number: Area Code ( ) 7a~/-- ~4-q-~'~,- (d) Application nmnber, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~] If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visUal quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes ~ No ~ Not Applicable ~ttach additio~a~ sheets i£~¢¢e$~ary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No ~-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes ~ No I~/I Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. · ~fi~Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~] No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. NoNot Applicable Yes / Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~-~ No ~-~ Not Applicable PREPARED B~~ TITLE ~ . DATE APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 30653 Street County Road 48 Hamlet Peconic SCTM 1000 Section 73 Block 4 Lot(s). 5 Lot Size 1,949 Zone R-80 I (~VE~ APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 19, 2008__ BASED ON MAP DATED May 15~ 2008 with proposed connection Applicant(s)/Owner(s): Andrew Greene & Elizabeth Greene Mailing Address: 30653 County Route 48~ Peconic NY 11958 Telephone: 721-5999 Fax #: Email: NOTE: In addition to the abovg, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~optonllne.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 5/15/08 (with hand drawn plans for connection dated 3/20/09) and DENIED AN APPLICATION DATED June 30~ 2008 FOR: X Building Permit [] Certificate of Occupancy ~ Pre-Certificate of Occupancy [] Change of Use {3 Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280-_ Subsection__14 Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. E A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal E has, has not been made at any time with respect to this property~ UNDER Appeal No. 6235 Year 2009 . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Andrew & Elizabeth Greene ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property is isolated and there are no immediate neighbors. Thc one and one-half story garage was constructed pursuant to permitg30680 building permit. The building department did not realize that the side yard setback required for the garage is 20 feet not 10 feet. During the hearing of appeal 116235 the additional variance was noted. If the garage is connected by a heated space then the improvements to the existing garage would be permitted. The area identified as a kitchen does not contain a stove only an small refrigerator for drinks and sink. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The garage was constructed with an application for a building permit and building permit. The building department issued the permit in error. The garage does not impact the neighbors because the property is isolated and surrounded by open space. (3) The amount of relief requested is not substantial because: Since the adjacent property is 68 acres of undeveloped land (Wicks Farm) the existing garage appears to have a large setback from the adjacent parcel. The adjacent parcel is undeveloped and contains natural vegetation which will require 100 foot setbacks. The garage was designed to fit the architectural style of the house. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house and garage were located more than 100 feet from the top of the bank. The garage continues to serve as a garage to house their vehicle, but provides the benefit of extra living space. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No. Building Permit issued in error Are there Covenants and Restrictions concerning this land: E No. [3 Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQ~,4ND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure ~~ Sig. ixal, u~ of Appellant or Authorized Agent c.~t_/~/y-/ (Agent must submit written Authorization from Owner) Sworn to before me this dayof t~'/tS~,~C6t,20 c~'c~. ~ MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Co Qualified in Suffolk Count~ ~ ~ remission Expires June 3. ~-~/// APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Mr. And Mrs. Greene Owner: Date Prepared: March 23, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: oone II. New Construction Areas: Dimensions of first floor extension: 5 foot heated hallway connecting house to eara~,e Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): __ Is basement or lowest floor area being constructed? lfyes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction if Existing Building Alterations or Structural Changes (attach extra sheet if necessary) - Please describe building areas: existing, ~ara~e to remain Number of Floors and General Characteristics BEFORE Alterations: 2 story Number of Floors and Changes WITH Alterations: remain- second floor of garage to be finished space IV. Calculations of building areas and lot coverage all buildings on property (from surveyor): Existing square footage of buildings on your property: existing house 1,776sq.ft. & existing ~,ara~,e 864 scl.ft.~+ 5' x 35' enclosed connection (175 sq.ft.) Proposed increase of building coverage: 175 sq.ft. Connection Square footage of your lot: ~1.9 acres (upland 72,414 sq.ft.) Percentage of coverage of your lot by building area: 2~640 sq.ft./ + 175 sq.ft. 3.8% V. Purpose of New Construction: floor of existing, ~,araffe connect house to garage in order to use of second VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): house is on Lon~, Island Sound & ~ara~e is in front yard, Please submit seven (7) photos, labeled to show different angles of yard areas after staking for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 March 24, 2009 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 By Hand Re: Mr. And Mrs. Greene 1000-73-4-5 ZBA#6235 Dear Mr. Goehringer and Board: In accordance with your request at the vublic hearing I have enclosed an updated notice of disapproval for the existing garage at 10 feet 'from the Eroperty line which was issued a building permit in error. In addition this application also inclui:tes the proposed connection between the existing house and existing garage. Submitted are 7 copies of the following: 1. Notice of disapproval 2. Variance application 3. Project Description 4. Survey showing, the proposed connection 5. Elevation Drawings prepared by Mrs. Greene If you need anything else please do not hesitate to contact me. Thank you for your continued courtesies. cc: Mr. And Mrs. Greene 1~~ TORKE~[IN BUILDERS INC. 790 CLIPP~IDR, PO BOX 1475 SOUTHOLD, NY 11971-0947 631 765-4008, FAX 765-6008 516 807-2263 ~ Cell Proposal 4/8/200g 02-84 Greene Residence 30653 County Rd 48 Peconic, NY 11958 Contractor submits this proposal for work on the property herein described. Upon acceptance, Contractor agrees to furnish labor and materials necessary to improve the above premises in a good, workmanlike and substantial manner according to the terms specifications, provisions, prices and plans (if any). Start and Completion: The approximate start date of and approximate completion date of are subject to permissible delays as per provision (5) on the reverse side. Owner and Contractor agree that a definite completion date: [~J is of the essence ~1 is not of the essence. J Submitted by __ -- L Approved and Accepted (Contractor) Cate ADDITIONAL SHEETS A~-FACHED Proposal to construct heated breezeway from main house to garage as shown on preliminary plan. Excavating Foundation Framing material Windows and doom Siding Roofing Radiant heating in floor Tile flooring Insulation Sheetrock Trim Electric Painting Remove and relocate LP gas tank Landscape repair allowance 0.00 0.00 1,475.00 1,475.00 4,130.00 4,130.00 8,850.00 8,850.00 8,850.00 8,850.00 2,950.00 2,950.00 4,130.00 4,130.00 8,850.00 8,850.00 2,832.00 2,832.00 885.00 885.00 1,121.00 1,121.00 1,770.00 1,770.00 2,655.00 2,655.00 2,065.00 2,065.00 2,950.00 2,950.00 2,950.00 2,950.00 Total $56,463.00 ACCEPTANCE OF PROPOSAL ]This proposal is approved and accepted. There are no oral agreements. The written terms, specifications, x , p 0v s 0ns, prices and plans (if any) are the entire agreement. Changes shall be made by written change order 0nly. Approved and Accepted (Owner) Date YOU, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See Owner's Right to Cancel on the reverse side for details. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET -~ V~',, ~, ,~-:- -:z. VILLAGE DIST. SUB. LOT W ACR. TYPE OF BUILDING LAND SEAS. IMP. TOTAL FARM DATE .~ /, COMM. CB. MICS. Mkt. Value louse Plot BULKHEAD ota I illoble FRONTAGE ON WATER toodland F '., -_~ '~eadowla.d DEPTH PROPERTY RECORD CARD W COMM. VILLAGE CB. MICS. DIST. J SUB. LOT A /,6/e.~(_., ACR. J .... ~ . TYPE OF BUILDING Mkt. Value LAND /~o. · /~rro T/liable Woodland Meadowla,nd ,House Plot iMP. TO J AL / DATE REMARKS FRONTAGE ON WATER DEPTH BULKHEAD 73.-4~ 3/06 M.-Bldg;-'- .~_nsiDn~ ~xtens ion Por,"h Breezeway Patio O. EL Tota~ B~sement Bath Floors Interior Finish Heat Ext. wa,, Fire Ptace R~reotion Ro~m Dormer Rooms Ist Floor Rooms 2nd Floor Dr[¥eway JLR. r DR. TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31004 Date: 06/23/05 · ~{IS (~TIFI~S that the NEW DWELLING Location of Property: 30653 CR 48 (HOUSE NO.) (STP~EET) ~%ulty Tax ~4ap No. 473889 Eectlon 73 Block 4 Lot 5 PECONIC Filed Map No. -- Lot NO. -- (HAMLET) conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 11t 2003 pursuant to which ~il~{ng Pe~lmit No. 29436-Z dated mY 28~ 2003 was issued, and conforms to all of the requirements o£ the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH DECK~ COVERED PORCHESt SECOND FLOOR DECK AND OUTDOOR SHOWER STALL AS APPLIED FOR. The certificate is issued to ANDREW J GREEHE (OWNER) of the aforesaid building. SUFFOLK C~UNTYDEpART~ OF HF~%L~ ~PRO~FAL R10-02-0014 06/25/05 ~.Rcr~IC~J~ ~RTIFIC, A~ NO. 2027109 05/11/05 PL~ f~TIFICATIONDA-A-~ 06/15/05 MIFd~ JACOBI PLt~ING Authorized Signature Rev. 1/81 GOO le Address Peconic, NY 11958 N otesFr~~Cad ,s 1/2 m i,e west of light at Peconic Lane. Turn right into road after 4 mailboxes, one with blue sign "30653" on post. From west, go past Cox Lane, Sang Lee Farms, Coastal Plantings. After 2nd white Pindar' sign, get in left turn cutout lane and turn into unmarked road to left of 4 mailboxes, one with blue sign on post "30653". Once on access road follow it back 0.8 miles, around S Turn, past barn and pond on right, house on left. Greene driveway on right after pond, before road bends 90 degrees to left. ©2008 Google - Map data ©2008 NAVTEQTM - Terms of Use PATRICIA C. MOORE Attorney at Law 51020 Main Road Southotd, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 September ~0, 2000 Attn: Linda Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE: GREENE PREMISES: 30653 County Road 48, Peconic Dear Chairperson Goehringer and Board With reference to the above, enclosed please find a certified copy of the recorded C & R's pursuant to a ZBA decision dated May 28, 2009. Kindly make this part of your file. Thank you. rs, bp encls. C: Mr. & Mrs. Andy Greene COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-35653 ~cr~o SEp 1 4 2O09 ~OAP, D o~ npp~.4~.s I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on0910812009 under Liber D00012599 and Page 145 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 09108/2009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~lOe of Instrument: DECLARATION N~m~er of Pages: 7 Receipt Number : 09-0102474 District: 1000 Recorded: At: 09/08/2009 10:52:30 AM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $35.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $110.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012599 PAGE: 145 Section: Block: Lot: 073.00 04.00 005.000 EXAMINED AND CHARGED AS FOLLOWS Number of pages Serial # Certificate # Prior Ctf. # 31 TORRENS Deed. Mortgage Instrument Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Page / Filing Fee Handling ~ 00 TP-584 Notation EA-5217 (County) Sub Total EA-5217 (State) R.RTS.A. Comm. of Ed. Affidavit Certified Copy 5, O0 Sub Total I I'/ Grand Total Reg. Copy Other 4 IDistrict Real Property Tax Service Agency Verification 1000 07300 0400 005000 1 Property Mailing Address Satisfaction/Discharges/Release List Owners RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #. of this instrument. 5 [ Community Preservation Fund Consideration Amount $ 0 CPF Tax Due $0 Improved Vacanl Land TD TD TD Title Company Information Co. Name Title # Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTiOi[,/~i made by: (SPECIFY TYPE OF INSTRUMENT) ANDREW GREENE AND ELIZABETH GREENE TO TOWN OF SOUTHOLD The premisis heroin is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 RiverheadTown Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (63 I) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (63l) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 IslipTown Receiver ofT axes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS e°4000t~4~4t DEC.RATiO. made this 3/ day of , 2009, by ANDREW GREENE and ELIZABETH GREENE, both residing at--G0653 County Road, Peconic, New York, owner, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 30653 CR 48, a/k/a Middle Road or North Road), Peconic, Town of Southold, Suffolk County, New York, SCTM 1000-73-4-5 said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Town of Southold Board of Appeals for a variance application for non-permitted use of an as-built accessory building (as- built accessory apartment) which was withdrawn by the applicants and an amended application was made requesting a variance for side yard setback at 10 feet of the accessory building, proposing conformity of the building floor area, with one of the following two options: (1) proposing an addition converting the building to a conforming use and connecting the accessory garage to the dwelling, resulting in only an area variance for a side yard setback at 10 feet instead of the code required 20 feet from the side yard property line provided under Code Section 280-14, or (2) proposing the as- built setback in the event the connection to the dwelling is not built for a 10 ft. side yard setback after converting the as-built accessory garage to a conforming use as per Code (without the as-built kitchen, bedroom/sleeping facilities, full bathroom). WHEREAS, the Town of Southold Board of Appeals in a decision dated May 28, 2009, after holding a public hearing on this application on January 8, 2009 and April 23, 2009, at which time the Board received written and oral evidence and based upon all testimony, documentation, personal inspection of the property and other evidence, denied the application requested concerning the as-built structure, denying a second dwelling on this property and denying an accessory garage with nonconforming kitchen and/or sleeping quarters. WHEREAS, the Zoning Board granted the following relief as requested in the amended application in its May 28, 2009 decision subject to the following conditions: 1. A second kitchen or second dwelling is not permitted on the premises. 2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector and the property owner are requested to (a) notify the Zoning Board of Appeals that the above conditions have been completed and (b), when completed, to contact the Board of Appeals and arrange for an inspection by a representative of the Zoning Board of Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of acceptance or other steps to conform to the above condition). 3. The connection from the house shall be heated, conditioned space connecting the accessory structure, for the purpose of meeting the use provisions of the zoning code for only one-single family dwelling unit on the premises. The connection shall be as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height). $£P 1 4 2009 4. The Board requires a certified copy of the plans and specifications the one-story connection unit together with the type of heating, lighting and foundation for the structural connection. 5. Alternatively, if owner decides not to attach the accessory building to the main dwelling by conditioned space/connection, a certified copy of the plans and specifications prepared by a licensed professional is required, with removal of kitchen and any other nonconforming area, for conformity as an accessory building as per code before a Certificate of Occupancy is issued. NOW, THEREFORE, this Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. A second kitchen or second dwelling is not permitted on the premises. 2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector and the property owner are requested to (a) notify the Zoning Board of Appeals that the above conditions have been completed and (b), when completed, to contact the Board of Appeals and arrange for an inspection by a representative of the Zoning Board of Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of acceptance or other steps to conform to the above condition). 3. The connection from the house shall be heated, conditioned space connecting the accessory structure for the purpose of meeting the use provisions of the zoning code for only one-single family dwelling unit on the premises. The connection shall be as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height). 4. The Board requires a certified copy of the plans and specifications regarding the one-story connection unit together with the type of heating, lighting and foundation for the structural connection. 5. Alternatively, if owner decides not to attach the accessory building to the main dwelling by conditioned space/connection, a certified copy of the plans and specifications prepared by a licensed professional is required, with removal of kitchen and any other nonconforming area, of conformity as an accessory building as per code before a Certificate of Occupancy is issued. 6. These covenants are intended for benefit of and shall be enforceable by the Town of Southold by injunctive relief or by any other remedy in equity or law. The failure of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 7. In the event that the Southold Town Code is amended to permit mor(~h~a~n_ '/'/200~o one single family detached dwelling on a property or living space in a detac-I"i~l~o~4p accessory, then, and in that event, the restrictions imposed by these covenants shall be P~'4L~ of no force and effective and shall be null and void without necessity of further action. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, valid or unconstitutional. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. E (_.IZA~'ETH GREE~E STATE OF NEW YORK ) ) SS.: COUNTY OF On this~-21~_~1 day oft~.~x~_:~_ , in the year 2009, before me personally appeared AND~--~W GREENE & ELIZABETH GREENE, known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. SCHEDULE A - DESCI~TP'rZON . ~OARo OF4ppE~t Amended 07/08/05 ~ff~k a~ Sta~ of New Yor~ more pa~lcul~r~ ~uoded ~nd d~db~ ~G~NNi~ at an in~d~ ~nt at the dlv~ion line baleen ~e ~=esteHy si~ of he~na~ d~lbed pa~l and ~ s~we~edy side of ~nd new or ~dy of W~, Fe~erly of Domallskl; ~ d ~ nt ~lng the foIIow~g eight (8) ~urs~ and d~n~s ~om a ~ln~ on the no~Hy side of ~do~ ~ad (C. R. 48) where the ~me ~ I~erse~ by ~ so~we~y side of la~ n~ ?r ~edy of 3ohn a~ ~ E~llng: 1. N~ 42 deg~ 11 mi~ 3~ ~ds W~ a~ng land now or formally of E~llng, 162.49 feet; 2, North 47 degrees 48 minutes 30 seconds East still along land now or fermerly of Ebellng, 213,72 feet to the westeffy side oF land now or tbrmerhr of Wicks; 3. Along Mid westeHy side of land now or formerly of Wicks North 42 degrees ~. 1 minutes 30 seconds West, 354.87 feet; S. 6. 7. 8, North 4S degrees 37 minutes 40 seconds We~, 441,28 feet; North 51 degrees 17 minutes 10 seconds West. 1415.70 Feet; North SO degrees 03 minutes 10 seconds West, 1.149.00 hzet; North SO degrees 43 minutes 40 seconds.West, 399.70 feet; North 50 degrees 53 minutes West, 85.81 feet to the true point of E;EGLrNNING; RUNNING THENCE From the said true point of BEGINNING, South 40 degrees 57 minutes 10 seconds WesL, 129.66 feet; THENCE North 49 degrees 02 minutes 50 seconds West, 643.70 feet; RUNN]NG THENCE North 4 degrees 02 minutes 50 seconds West, SO.00 feet; RUNNING THENCE North 54 degrees 13 minutes 30 seconds West, 84,66 feet to the mean high water of Long ~sland Sound; THENCE on a Ue along the mean high water of Long Island Sound, North 83 degrees; 25 minutes 50 seconds East, 21~;.31 feet to the southwestc~-ly side of land now or formerly of Hicks; THENCE along said land the following two (2) courses and distances: 1. South S0 degrees 20 minutes 40 seconds East, 539,30 feet; ~nd 2. South 50 degrees 53 minutes East, 146,42' feet to the point or place of BEGINNING. TOGETHER W~TH a right ~f way for Ingress and egress and ~Jtillty services to and from to County Road 413 as fellows: BEGINNING at a monument on the northwesterly side'of County Road 4g (formerly known as County Road 27 and Middle Road), where the same is intersected t~y the southwesterly line of land o1~ Florence Wicks {formerly Of I~rnnlslaw Domaleskl) and the northeasterly line of land of $ohn and Barbara Ebellng; fi`om said point of beginning; RECEJ'¥ED $£P 1 4 2009 .... RUNNING ~CE alo~g the no~ w~ side ¢ Coun~ ~ ~ ' ' ........... ~'~'s'~"~'"'~:'~ ::~' ='~';~,; .... Nidd~ R~d) So~h ~ degrees 57 R~N~NG THENCE ~mugh la~s ~ John E~II~ and ~rba~ Ebellng ~e follo~ng '~me (3) coum~ and dl~s: 1, North 42 degrees'35'mlnutes 32 seconds West, a9.29 feet; 2. North 40 degrees 52 minutes 39 seconds West, 77.29 feet; 3. North 43 degrees 08 minutes 43 seconds West, 71.56 feet to land of Thomas P. McGunnlgle and Stephen 3. McGunnlgle; THENCE along land of John Ebeltng and Barbara Ebellng, South 47 degrees 48 minul:es 30 secom~s West, 1.76 feet; RUNN;ING THEflCE through lands of Thomas P. MCGunnlgle and Stephen 3. McGunnlt;lle the following thirteen (13) courses and distances: t. North 42 degrees !! minutes 30 seconds West, ~ distance or 10o.0c) feet; 2. North 36 degrees 28 minutes 50 seconds West, a distance of SO.24 3. North 42 degree~ 1! minutes 30 seconds West, a distance of 204.4]: feet; 4. North 45 degrees 37 minutes 40 seconds West, a distance o1'440.0S~ feet; 5, North SI. degrees 17 minutes 10 second West, a distance of 1,415.12 feet; 6. North 50 degrees 03 mlnutas 7 seconds West, a distance of :287.63 !'eat;; 7, Westerly along the arc of a curve ~avleg a radius of SD.O0 feet, and bearlrtg to b'~ left, a distance of 52.36 feet; , 8. South 69 degrees 56 minutes 50 seconds West, a distance of 83.89 I,'eet; 9. Westerly along the arc of a curve having a radles of 65.00 feet and l~eertng to the right, a distance of 67,77 feet; 10. North 50 degrees 18 minutes 40 eecon~Js West a distance of 1,208.1 ~ feet; 1 ~.. North 45 degrees 02 minutes 50 second~ West, a distance of 80.48 feet; 12. Westerly along the arc oF .~ curve having a radius of So.D0 feet and bearing to the left, a distance of 294.75 Feet; 13. South '36 degrees S7 min,~ta~ 00 seconds ~/est, a distance or' 294.75 feet t~ the nurtheesterty line of land now or formerly af Stepan Minakyan and ethers (formerly Clarence F. Oilier); RUNNING THENCE N0~th 49 degrees 02 minutes SO seconds West along the last mentioned land, a distance 15.04 feet to the land of Henry Reichman and Stella Relchman; RUNNING THENCE along land or' Henry Relchman, Stella Relchman, Peter ]. Troyano and ~largaret $. Troyano, North 36 degrees 57 minutes 10 seconds East · distance of 363.41 feet to the land of Leo Melissari$; RUNNING THENCI~ along the land of Leo Messarls, South 44 degrees 42 minutes 50 seconds East a distance 150.00 feet to lands of Thomas P. t4cGunnlgle a..nd Stephen 3. McGunnigle; RECEZVED BOARD OF APPEALS RUNNING THENCE through the lands OF Thames P. PIcGunnigle and Stephen 3. Plc~.3unnlgle, the fotlowlng fou¢ . (4) courses and distances: 1. South .50 degrees 18 minutes 4~ seconds East a clistanc~ of I,'20~'.98 feet; 2, Eastatty dong the arc of a curve having a radllJ~ st' S0.00 bering'to the le~ s dlsten~;e of 52.13 feet; North 69 degrees 56 minutes S0 seconds East a distance of 83.8g feet; 4. Easterly along the arc of a curve having a radius of 6S.00 feet beefing to the right a distance of 68,07 feet to the southwesterly line OF land now or formerly of Florenc~ Wicks (formerly Btonislaw Domale~kl)~ TttENCE along said land of Florence Wicks the following four (4) courses and distances: 1. SOuth 50 degrees 03 .minutes ]O seconds East a distance of 287.47 feet; 2. ~outh 51 degrees 17 minutes lo seconds East a distance at' 1,41~L70 t'eet; 3. South 45 degrees 37 minutes 40 seconds East a distance of 441,2g 4. Sou~h 4Z degrees :1 t minutes 30 secon¢~ East a distance o1' 354.87 feet to a pelnt where the northerly carter ~ land of 3a~n and Barbara Ebeling Intersects with the westerly line of lar~ of Florence RUNNING THENCE at. ong the property llne of Florence Wicks and .lohn and Barbara, EbelJng, south 42 degrees 11 minutes 30 second East a distance of 245.13 feet to the aforemenUoned monument on the northwesterly side of County Road 48 at the point or pLm:e of BEG[NNZNG. .. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765~9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD March 30th, 2007 Andrew J. Greene 30653 CR 48 Peconic, N.Y. 11958 2~vD NOTICE RE: 30653 CR 48 (alteration/addition/garage) SCTM: 73 4 5 Dear Mr. Greene, Please be advised that your Building Permit #30680 issued October 4th, 2004 has expired. According to the Code of the Town of Southold, a Certificate of Occupancy must be issued prior to use of the structure. To renew your Building Pem~it, please submit a fee of 593.40; at that time we can schedule an inspection by one of our Building Inspector's. If you have any questions, please cai1 us at 631-765-1802. Respectfully, SOUTHOLD TOWN BUILDING DEPT. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PEP~4IT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 30680 Z Date OCTOBER 4, 2004 Permission is hereby granted to: for : ANDREW J GREENE 1220 SIGSBEE ROAD MATTITUCK,NY 11952 ADDITIONS AND ALTERATIONS TO AN EXISTING DWELLING AND CONSTRUCTION OF A NEW ACCESSO~Y~GARAGE AS APPLIED FOR. 2 COS REQUIRED SIMULTANIOUSLY at premises located at 30653 CR 48 PECONIC County Tax Map No. 473889 Section 073 Block 0004 Lot No. 005 pursuant to application dated SEPTEMBER 22, 2004 and approved by the Building Inspector to expire on APRIL Fee $ 593.40 4, 2006. zed Signature COPY Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33002 Z Date MAY 4, 2007 Permission is hereby granted to: ANDREW J GREENE 1220 SIGSBEE ROAD MATTITUCK,NY 11952 for : ADDITION & ALTEPJITIONS TO AN EXISTING DWELLING & CONSTRUCTION OF A NEW ACCESSORY GARAGE.2 C/OS REQUIRED SIMULTANIOUSLY. PERMIT REPLACES BP # 30680 at premises located at 30653 CR 48 County Tax Map No. 473889 Section 073 pursuant to application dated APRIL Building Inspector to expire on NOVEMBER PECONIC Block 0004 Lot No. 005 26, 2007 and approved by the 4, 2008. Fee $ 593.40 Authorized Signature ORIGINAL Rev. 5/8/02 TOWN OF SOUTHOLD BUILDING 765-1802 INSPECTION [ ]FOUNDATION 1ST [ ]ROUGH PLBG. [ ]FOUNDATION 2ND [ ]INSULATION FRAMING / STRAPPING FINAL [ ] FIREPLACE & CHIMNEY [ ]FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION REMARKS: ~~- ~ ~ DATE /~-/?- ~' INSPECTOR~~ PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.sout hold.ny, us KIERAN M. CORCOtLa_N ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southo]d.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 28, 2007 Andrew & Elizabeth Greene 30653 CR 48 Peconic NY 11958 Re; Property at 30653 CR 48; SCTM# 1000-73-4-5 Dear Mr. & Mrs. Greene, Please be advised that a complaint has been forwarded to this office by the Building Department for enforcement. During a recent inspection it was observed that .~ ~ 05,~ construction to the accessory garage has exceeded the scope of the permit (#;~5~3~30~). In addition, a non-permitted use (living space) has been established within the structure. This activity represents several violations of Southold Town Code. Please take the steps necessary to remedy the violations immediately. Contact the Building Depar[ment for instructions on a lawful remedy. Failure to comply will result in legal action by this office. Thank you for your anticipated cooperation. Sincerely, Edward Forrester Director of Code Enforcement Date File at TOWN OF SOUTHOLD COMPLAZNT REFERRAL FORM Location of Complaint: Property Owner: Address: NATURE OF COMPLAINT: ACTION TAKEN: Optional: Complainant: Address Report Taken By: Date Referred to Code Enforcement: By Phone I Mail In Person V Phone: Date: CODE ENFORCEMENT REPORT STTE INSPECTION REPORT/DATE: ACT[ON/DATE: TOWN HALL SOUTHOLD, NY 11971 TEL: 765-1802 / Examined Io/q ,20 4 Approved { 0/ c( ,20~ Disapproved a/c PERMIT NO. ' Building ~sPector ~ APPLICATION FOR BUILDING PERMIT SEP 2 2 2)04 Date INSTRUCTIONS ~[[Klvll 1 ~UmL}LNU APPLICATION CHE(~KLI$' Do you have or need the following, before applying Board of Health 3 sets of Building Plans Survey, Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: [~U~,t'4g~g'H ,20o~f a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building I~spector with 3 sets of plans, accurate plot plan to scale. Fee ~qcording to sghedule. ~ . b. Plot plan showing location ofl0t and of buildings 0n'premises,'rSlationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughoct'the work. e. No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupan is issued by the Building Inspector, APPLICATION IS HEREBY MADE to the Building. Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk. County, New York, and other applicable Laws, Ordinances or Regulations, for the e'onstmefion of buildiags; additions, ot' ~lterations or for removal or demolition as herein described. The applicant agrees fo, ¢oi'aply with all appl!eable laws,,oMinan6es, building code~ housing' e0de~~ ~nd reg~iafions, and to admit authorized',ia~eetors on premises and i~b/iil'dixig for!ffeee~.S~ry inspections. ' ...... 'i ' ~'~ ' (Signature of apph'cant or namle, if a corporation) MEW '¥oP-~:, (Mailing address of applicant) State whether aPplicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of pi'cruises (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized, officer (Name and title of corporate officer) Plumbers License No. " Electricians License No. " Other Trade's License No. 1. Location of land on wl'dch proposed work will be done House Number Street '~_o~o 1~. Hamlet County Tax Map No. 1000 Section Subdivision (Name) 'Block '~/ Filed Map No. Lot ~' Lot State exis*ing use and occupancy ol~emises and intended use and occupanOt>ro osed constra ' · a/, Existing use and occupancy ., ~t~o6~.~: ~'t~*q~t~ D\'~Ct.t..l~tq- p uct~o i" b. Inten. ded use and occupancy Nature of work (check which applicable): New Building. Repair Removal_ Demolition Estimated Cost 7(:~I e~oo Fee Addition Other Work Alteration (Description) Size of lot: Front 0. Date of Purchase ;. Ifdwetling, number ofdw'elling units ~ I.fgarage., numb. erof cars ~;- ,. If business, commercial or mixed occupancy, specify nature and extent of each type of use. .------" · Dimensions of existing stmclures, if any: Front -' Rear Height. Number of St~rie~ . -- Depth . Dimensions of same structure with alterations or additions: Front Rear ~e. pth_. Height Number of Stories Dimensions of entire new construction: Front. '~6:, ' Rear '~ ~ Depth ~.~ Height ~-4' ~ Number of Storie~- I~o' .Rear I~o ' ' (to be paid on filing this application) Number of dwelling units on each floor ------' Depth. Name of Former Owner 1. Zone or use district in which premises are situated 2. Does proposed construction violate any zoning law, ordinance or regulation:/ IQo 3. Wilt lot be re-graded. [Q o Will excess fill be removed from premises: YES (~ 4. Names of Owner of,,re,~iseo lt4-~' z .... ~,_~- ~. lggO ~l~ ~ ..~c of~c~tect ~e~ T~*~ Ad&ess;~~,°nc~°' ~1 21¢ -~g~9 ~ame°fc°ntract°r ~o~ gc~ -Ad&es~~~noncmo glg-~l~-71~o ~Phonc No. ~ 5. Is this property within 100 ieet 0fa tidal wetl~d? *~S NO .. ~ · · Y~S .~O~HOLD.~O~ TRUSTEES PE~ITS MAY BE ~Q~D 6. Provide su~ey, t0 scale, With adc~ate fo~dation pl~ ~d dist~ces to prope~ lines. 7. If elevation at any point on propeay is at 10 feet or below, must provide topo~hical ~ on s~ey. TATE OF ~W YO~) SS: :O~TY OF ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, ~)He is the (Contractor, Agent, Corporate Officer, ere.) f said owner or owners, and is'duly authorized to perform or have performed the' said work and to make and file this application; ;at all statements contained in this application are true to the best of his knowledge and belief; and that the work will be erformed in the manner set forth in the application filed therewith. worn [o before me this day of.. ~ . Not~.,¢ S( Signatar~ of App!idam ."7 - PERMIT # NO. STREET HAMLET ~WNER EXPIRATION HEALTH DEPT. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 6, 2008 Zoning Appeal No. 6235 Transmitted herewith is Zoning Appeals No 6235 of Patricia C. Moore for Andrew & Elizabeth Greene- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Short environmental Assessment Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Explaining Reason for ZBA Request Dated September 30, 2008, Notice of Disapproval from Building Department Dated June 30, 2008 (2 Pages), Letter from Building Department Dated March 30, 2007, Copy of Building Permit #30680 Dated October 4, 2004, Copy of Building Permit #33002 Dated May 4, 2007, Building Department Inspection Dated 12/19/2007 with Remarks, Letter from Town Attorney's Office Dated December 28, 2007 in reference to Inspection, Town of Southold Complaint Referral Form from Building Department Dated 12/19/07, Copy of Property Record Card (Three Pages), Copy of Application for Building Permit Dated September 20, 2004, Letter Describing Jobs of Andrew & Elizabeth Greene, Authorization Letter from Andrew & Elizabeth Greene to Patricia Moore to Represent them in this Matter, Copy of Survey Showing Proposed Additions Prepared Peconic Surveyors, P.C. Dated August 26, 2004, Copy of Survey Showing Construction as it Exists Dated May 15, 2008 Prepared by Peconic Surveyors, P.C., Copy of Garage Floor Plans Showing 1st & 2nd Floor Prepared by Elizabeth Thompson, Architect Dated 4/18/08, Copy of Elevations of Garage Prepared by Elizabeth Thompson, Architect Dated 4/1808, Certificate of Occupancy For One Family Dwelling with Deck & Covered Porches, Second Floor Deck & Outdoor Shower Stall Dated June 23, 2005, Copy of Google for Directions to Property. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/1/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP GREENE, Andrew & RI~¢EI~I) 6235 Elizabeth 1612 $400.00 0C 3 2008 Southol d Town Clerk $400.00 By__ Thank~'ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/03/08 * * * RECEIPT * * * Receipt#: 29504 Transaction(s): 1 1 Application Fees Reference Subtotal 6235 $400.00 Check#: 1612 Total Paid: $400.00 Name: Greene, Andrew J 30653 C.r. 48 Peconic, NY 11958 Clerk ID: CAROLH Internal ID: 6235 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 19, 2009 Southold Town Building Department Main Road Southold, NY 11971 By Hand Re: Mr. And Mrs. Green ~'/' SCTM # 1000-73-04-05 / MAR 2 0 2309 Dear Vicki or Pat: I submitted a request for an amended notice of disapproval for connection of existing garage to existing house together with a survey showing the connection. In accordance with your request enclosed is a simple drawing of the proposed connection which shows that the area will be a heated and finished space. Also please revise the notice of disapproval for the "as Built garage" which was issued a building permit but the setbacks are not conforming. CC: Thank you for your continued courtesies. Zoning Board Very.-~ly yours, . Patricia C. Moore Southold Town Board of Apse ACTION OF TRE ZONING BOARD OF APPEALS Appeal No. 3294 Application Dated September 20, 1984 TO: Richard F. Lark, Esq. as Attorney [Appellant(s)] for PETER J. AND MARGARET S.' TROYANO Main Road - Box 973 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on Mardh 28~' ]985, the above appeal was considered, and the action indicated below was taken on your IX] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [] Application for-PETER J. AND MARGA~E+'TRoYANO, clo-R.F. Lark, Esq., Main Road, Cutchogue, NY 11935 for a y~riance ~o New York Town. Law, Section 280-a for approval o~ a~cess over a private right-Of-way lo- cated on the north ~ide of C,R. 48, Peconic [along land now or formerly McGunnigle) to premises known and identified as District 1000, ~ectiop. 73, Block 4, Lot 4 ' · ' '. '].' · WHEREAS, a public hearing Was h~id an~ concluded on February 14 1985, concerning the. Matter of PETER J. AND MARGARET S. TROYANO under Appeal No. 3294; and WHEREAS, the board has considered all testimony and documentation entered into the record during the public.hearing, in behalf and in opposition to this application; and WHEREAS, the board members have personally viewed and are familiar with the right-of-way and premises ~n guestioD,.as well as its surround- ing area; and WHEREAS, the board made the following findings of fact: l. The property in question ii located in an "A" Residential and Agricultural Zoning District, is situate along a private right-of-way which extends approximately 4,238.45 feet from the northerly s~de of Middle Road (C.R. 48), at Peconic, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 73, Olock 4, Lot 4and is 2. The subject premises contains as a whole 4.3475 acres with 290.10' frontage along a westerly extension of the right-of-way i;~ question; the premises has received conditional approval from the Southold Town Planning Board for a set-off division of land, Lot 1 of an area of 106,000 sq. ft. and frontage of 100 feet, and Lot 2 of an area of 85,000 sq. ft. and frontage of 139 feet. 3. By this application, appellants request approval of access as required.by New York Town Law, Section 280-a, apparently for both lots #1, which is presently improved with one, one-family dwelling with (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTNOLD TOWN ZONING BOARD OF APPEALS DATED: April 3, 1985. Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3294 Matter of PETER J. AND MARGARET S. TROYANO Decision Rendered March 28, 1985 attached garage, and #2, which is presently vacant excapt for a small frame storage-type shed situated below the bluff area. 4. It appears from the testimony received that if improvements were required by this board which would el.evate the road, further flooding onto neighboring lands would be created. 5. Road Report No. 408 confirms a traveled width of the right-of-way to vary from ll to 15 feet, and that the road is well- stabilized with sand, gravel and loam throughout most of the right-of-way. There are however a few flooding areas due to the left side sloping down and a few depressions. Raising the road at the highest existing eleva- tions would cause additional flooding onto neighboring lands. 6. Subsequent inspections have been made by the board members and it is their opinion that the most feasible way to help eliminate flooding and icing of the right-of-way would be to re-grade, and add bank- run, to an average height of the natural contour of both sides, and as otherwise noted below. In considering this application, the board determines that the variance be granted as noted below since: {a) this right-of-way appears to be the only principal ingress and egress to the appellants' property and property presently of Reichman; (b) this right-of-way has been used by appellants since 1956, and the location of same has been settled by an Agreement dated March 10, 1983, filed under Suffolk County Supreme Court Index No. 81-22565; (c) the relief requested is not substantial; {d) there will be no substantial change in the character of the neighborhood or substantial detri- ment to adjoining properties if the variance is granted as conditionally noted below; (e) the circumstances of the appeal are unique and there is no other method feasible for appellants to pursue other than a variance; {f) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to grant approval of access applied for under Appeal No. 3294 in the Matter of PETER J. AND MARGARET S. TROYANO over the private right-of-way located on the North Side of C.R. 48 at Peconic to both lots known and identified as District 1000, Section 73, Block 4, Lot 4, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire right-of-way be re-graded for a width of 15 feet extending from its beginning at the north side of C.R. 48 to the lots in question, and further improved as follows: (a) For the first 245.13 feet of existing bluestone, depressions to be patched; (b) For the next 354.87 feet, the right-of-way be brought up to the average height of the natural contours along both sides of the right-of-way with bankrun; (c) For the next 1856.98 feet, regrade and patch depressions with bankrun; (d) For the next 550+ feet, the right-of-way be brought up to the average height of the natural contours along both sides of the right-of-way with bankrun; Page 3 - Appeal No. 3294 Matter of PETER d. AND MARGARET S. TROYANO Decision Rendered March 28, 1985 (e) For the next 1500-+ feet, raise to peak elevation of pipe with bankrun and regrade; (f) For the next 700-+ feet run~'ing northerly, and 2'~4 feet running in a westerly direction, fill depressions and potholes with bankrun and regrade where necessary; 2. Constant maintenance of the entire right-of-way; 3. All improvements to be made within the legal boundaries of the subject right-of-way; 4. Final acceptance to be made in writing by the Board of Appeals, of the above conditions and improvements; orr if made by the Building Inspector, a copy of his written report/acceptance to be submitted to the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk ~K~'RARD P. 'GOEHRINGER, C~TAIRMAN April 3, 1985 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, APRIL 23~ 2009: 10:05 A..M. ANDREW and ELIZABETH GREENE #6235 (as amended 3/24/09). Request for a Variance under Code Section 280-14, based on the Building Inspector's March 20, 2008 Notice of Disapproval concerning an amended application for a building permit to construct an addition (conditioned space) to attach the as-built construction to the dwelling, which as-built construction will be less than the code-required 20 ft. minimum from the side yard. (The applicant withdraw the previous request for an accessory building with non-permitted use). Location of Property: 30653 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 73-4-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: April 3, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JANUARY 8, 2009: 1:00 P.M. ANDREW and ELIZABETH GREENE #6235. Request for Variances under Code Sections 280-12 and 280-13C.2.a, based on the Building Inspector's June 30, 2008 Notice of Disapproval concerning an application for a building permit to alter the use of an accessory building (second floor) from an accessory use as a garage to the owner's home occupation office with full bathroom, after removal of the as-built kitchen and cooking areas, instead of a home office carried on in the main building. The proposed change in use from garage to a home office is not permitted under Code Section 280-13C.2a, which requires a "home occupation" to be incidental to the residential use of the premises and carried on in the main building. In addition, the Building Inspector states that the existing living space with kitchen (apartment) as-built is not permitted under Section 280-12, since the Code limits each lot to only one dwelling. Location of Property: 30653 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 73-4-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: December 10, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 04/07/2009 13:40 FAX 631 765 4643 MOORE LAW OFFICES PATRICIA C. MOORE Southold, New York 11971 ~ ZBA ~001 April 7, 2009 Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 By Fax Re: Mr. And Mrs. Greene 1000-73-4-5 ZBA#6235 Tel: {631) 765-4330 Fax: (631) 765-4643 APR - 7 - Dear Mr. Ooehringer and Board: In accordance with your request at the public hearing I have submitted an updated notice of disapprgval for the existing garage at 10 feet from the p. roperty line which was issued a budding pe.rm3t ~n error. In addition this application also inclu~les the proposed connection between the exlstmg house and existing garage. I would r.equest that the variance for the "as built'~ garage be grante,d i,n, depepd.ently of the addition ( conditioned sp. ace) which proposes to connect the ex~sting house [o ~e ex, sung garage. The addition is requeste~ in order to allow the use of the living space in the existing garage. · noes are considered inde endentlv, then if the Town Board l. egislates a change Ifthe twovana ...... ,, .,, to the co.d.e, in the near future, which allows ~vemg space in an accessory building the As bUlll garage will have been addressed. Thank you for your continued courtesies. cc: Mr. And Mrs. Greene 04/07/2009 13:20 FAX 931 765 4643 MOORE LAW OFFICES ~002 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631 } 765-4330 Fax: (63 l) 765-4643 March 24, 2009 Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 By Hand Re: Mr. And Mrs. Greene 1000-73-4-5 ZBA#6235 Dear Mr. Ooehringar and Board: In accordance with your request. ~at ~the, l~ublic?earing I.ha~ye enqlps, ed an .update~d n, oti~c,e, of disapproval for the existing garage at 10 teet xrom me p. roperty tine wmcn was ~ssuea a ounamg penmt in error. In addition this application also inclui:les the proposed connection between ~ _existing ho_use apa~xistin___._e ~ara~. ~ -- -- - Submitted are 7 copies of the following: 1. Notice of disapproval 2. ~Varianc_e apphcation 3. t'roject Description 4. Survey showing the proposed connection 5. Eleva[ion Drawings prepared by Mrs. Greene If you need anything else please do not hesitate to contact me. Thank you for your continued courtesies. Very truly yours, Patricia C. Moore cc: Mr. And Mrs. Greene L/-' ~K c~f~9251 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 9th day of April, 2009. Principal Clerk Sworn to before me this dayof ~'~ 2009. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01.VO6105050 Qualified in Suffolk County LEGAL NOTICE $OUTHOLD~TOWN ZONING BOA~RD'OFAPPE~LS THURSDAY, ~P~0~ Box 1179'~ Sod~d, Ne~ Y~rk 1i)71: ~59~ on T~RSDAy, AP~ 23, ~9: ~RYA~ KAT~O~AS ~ 6270. queg:~oL~ ~nde~ S~cli~ 2~- 'use~in ~e e~g single~fam~y dw~g, ~ ~eg~ceup~~ for ~e p~e of lod~g (two guest'be~ooms) ~d s~g bi b?e&~st for up io ~n (10) casual tram{ela',i-i;oOmd, zs a~85 p-~,al~ a ...... 9:50 A.M. ROBERT and ~ETH AD~LO ~6242 Raquest for V~i&~es ZgA Co~e Int~re~und&r R. W~ p~?p~7 ]~34 ~fiag~.La ~039,'b~ed on ~e Bpii~ving~ee~r's ~,,~e) ~06¥1!8-I-9 adj~ lng sin~e-/~i¥ a~l]int at /ess ~a~ ~uests-for Varl~ces under a V~ce ~ ee~uest ~ox.lot. ~ge3a~ a~em~g~,aemoliaon mis ~co~o~g 6,825 squa?e ~ot Irt ~6~i~n? &~- Wfl loc~gd at 1980 Lecton ~fivg, Saa~ol~, ~ of ~g 16~ s~ an ad~fion (eoaditio~ed space) ~62~uest to ~ he as-bui t c~swucliohib he 'fio~; 280:~5C an&,~li6~/I.~' ~d be tei~ ~an.the ~de-required 20 ft. ~, Bu1 ~ i~pi~t~r ~ amenae~ ae~so~ bu~d~g ~th non.pe~ig~ and stag pool 48 {a/k/a Mi~te Road orN0eth R~Id) ~k.on 1~$~ ~ja~n~'~o ~ L L Sound. KA~ERIN~[ BAC~LE !6266.,~d. :I:50~P.M,M.~C~EL~nd~SE Oaobe[ 16, 2008 Notice of D~sapp[~al tfi~'TffSg ~2~42;~ basid u~o5 an . c°ncem~n~a.~r?p?se0a~essory.g~zg? a~plieafion [ol ~-~uildih~ per~it ~d and;~ 10~-9-341 ed fo3"~6 rd~oM %1' '- ' :' on the Building Inspectoffs N~vdm,be~ 1( 2008Nutiee of Disapproval conceffi, mg proposed new dwe01~g construction ~after demolition of tl~e existing dwell- (c) s~tback less th~n 1(~ ~eet tothe bluff HOf~DING. klNC. ~ahd ~EDUC~i!~N. AL & CULTU~~ ~tn~ OF T~E JOINT' ~NDUS~ 'BD~ FOR THE ELE~mCXL (b) S~}ia[Ex~lion Cod~ ~cfion;280:35B to~cdnstrffct cslablish rise a~ a confere~ ~emb~ ~te ~am~g and edict on 28~124 based 'off~i be' l e~i ~ ~e cofie ieq~ffed ~in~um single side y~a se}b~ck, of.15 feet ~d less ~-~e m~m,requk&d eom- tiOm 2~:I~C~ ~t8,' ~-I16B, b~ed L~calion,~f ,E.~g ~ ~'s~t earlier ~an p~6~ to ~e ~&y 3[ ~:he~g,'~ you hfiw qu~iio[s, p~o do n~{ .hds tare to co~a~ur'~ a (631) 765-1809. ~5~n~ad (Mai~SPS~ R~,Bo~1179 . ' - Souaoid 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Southold Town Hall Southold, New York January 8, 2009 10:00 a.m. Board Members Present: GERARD P. GOEHRINGER - Chairman/Member RUTH OLIVA - Member (10:17 a.m. to end) JAMES DINIZIO, JR. - Member MICHAEL Ao SIMON - Member LESLIE KANES WEISMAN - Member LINDA KOWALSKI - Board Assistant KIERAN CORCORAN - Assistant Town Attorney (1:35 to end) Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 158 ZBA Town of Southold - January 8, 2009 HEARING #6235 - Andrew and Elizabeth Greene CHAIRMAN GOEHRINGER: ~Request for Variances under Code Sections 280-12 and 280-13C.2.a, based on the Building Inspector's June 30, 2008 Notice of Disapproval concerning an application for a building permit to alter the use of an accessory building (second floor) from an accessory use as a garage to the owner's home occupatioH office with full bathroom, after removal of the as-built kitchen and cooking areas, instead of a home office carried on in the main building. The proposed change in use from garage to a home office is not permitted under Code Section 280-13C.2a, which requires a "home occupation" to be incidental to the residential use of the premises and carried on in the main building. In addition, the Building Inspector states that the existing living space with kitchen (apartment) as-built is not permitted under Section 280-12, since the' Code limits each lot to only one dwelling. Location of Property: 30653 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 73-4- PuglieseCou~ ~epo~ingandTran$crl~tlonService (631)878-8355 159 ZBA Town of Southold - January 8, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN GOEHRINGER: Mrs. Moore. MRS. MOORE: Yes. Thank you. I'd like to introduce, Mr. Greene, Mrs. Greene. CHAIRMAN GOEHRINGER: How do you do? MRS. MOORE: And, Phoebe, their 2-1/2- year-old daughter. The other two boys are in school, so this is the whole family. I don't know if all of you got a chance to go inside the space. Well, some of you did, I know that. MEMBER OLIVA: MRS. MOORE: I've been there. I know you were there, yes. You also have the photographs that we provided for you of the interior space and you can see that I think what the Building Department was just concerned that this space be authorized by this Board because there's that little, you know, it has a sink and a little refrigerator/cooler so that they have cold drinks, but it is clearly not a kitchen, not even, there's no cooking facilities here. The building permit when it was issued was done with finished space above. The second floor was issued with a building permit for the PuglieseCou~ Repo~ingandTranscri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 160 ZBA Town of Southold - January 8, 2009 completed finished space and what happened is that, I think, when the Building Department -- when the space was completed, they just felt a little uneasy and wanted to make sure that this space was authorized by this Board. They -- they're both professionals, but they work from home. I gave you a copy of their job descriptions, both um, Andrew has several jobs, it takes a lot to feed the family. He's the Director of Development and Finance for MVP Basketball Camps, Inc. a not- for-profit organization based in White Plains and he works kind of fundraising, right, for the scholarships for disadvantaged youths, that's one job. His other job is he's the New England Acquisitions Manager for Carefree RV Resorts. Believe it or not there is a specialized field on these RV camps, resorts, that there is when they go up for sale and so on or investments. You have to really know what you're doing, it's a specialized field. There's a lengthy description, but in very brief terms he works as a representative for the Carefree RV Resorts Company. They're homebased in Scottsdale, Arizona. So he Pugliese Cou~ Reposing and T~nscriptJon Se~Jce (631)878-8355 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 ZBA Town of Southold - January 8, 2009 obviously can work from home. He is also a licensed real estate salesperson and he works from the Prudential Douglas Elliman Real Estate in Souther Hill. That business is a little slow right now, I think we hope it improves, but, again, he works the office, he is a sales person so he can take a phone call and make arrangements, but there is no need for anybody to come to their house for that purpose. Elizabeth is a freelance food editor. She is -- she has tested kitchens of gourmet magazines -- food editor in the test kitchens of Gourmet magazine and Good Housekeeping, both of those periodicals; am I correct? MRS. GREENE: Yeah, I test recipes on a freelance basis for -- CHAIRMAN GOEHRINGER: mike. BOARD ASST.: before you speak, MRS. MOORE: You need to use the You need to be identified please. Sorry about that. MEMBER SIMON: Could I ask a question? MRS. MOORE: Sure. MEMBER SIMON: Do we need all this PuglieseCou~ Reporting and TranscriptlonSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 162 ZBA Town of Southold - January 8, 2009 information? MRS. MOORE: is a home office, Well, just to verify that it that is that they are professionals and they work from home. So to that extent. CHAIRMAN GOEHRINGER: Okay, tell us that Mrs. Greene. Just state your name for the record. MRS. GREENE: I work from home. Hi, my name is Liz Greene. I test recipes for Gourmet magazine actually for their television show called Diary of a Foody. So they email me a segment of the show, I look at it, I develop recipes based on some rough outlines that I'm sent that the chef sends me. So I kind of get them in shape and test and make sure they work and write them in the Gourmet style and then they're published on the web. So I do that cooking in my kitchen in the house, you know, the main house, but I maintain an office with research materials and I do writing and stuff like that over there and use the phone. CHAIRMAN GOEHRINGER: Thank you. MRS. MOORE: Yes, the home office needs a business so that's why I put on record what Pugliese Cou~ RepoSing and Transcription Se~ice (631)878-8355 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 163 Pugliese Court Reporting and Transcription Service (631) 878-8355 their occupation is. The problem with our home occupancy law that for professionals in particular that a lot of us there's a lot of telecommuting now and also just the type of work, white collar type of work, that throughout this community you're doing it from the house, there's no meeting of clients at your house or anything. It just -- you just need a computer and you just need your books and your paperwork. This space seemed like the logical space. So what we are asking for is a variance from having it be in as part of the principle residence and allow the space to be conducted in the second floor finished space of the garage. That is theapplication that's before you. It is what we wanted to dispute is the description of this as accessory apartment. It is not rented, it is not an apartment, it is none of those things, and but, unfortunately, the Building Department does have a lot of people that do do that and when they see a space that could theoretically be used as an accessory apartment they send this over to you and through your blessing we are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 164 ZBA Town of Southold - January 8, 2009 permitted to use this space, but not as an accessory apartment. So that is why we are before you. If you have any questions, I don't want to belabor it. I think it's all in writing to you and it's the physical that is not connected to the main house. MEMBER OLIVA: And it's not in our Code. MRS. MOORE: Well, you're allowed an accessory, you know, something that is a use that is accessory to your principle use and the problem we have is that to -- that we're asking for a variance from the requirement that it be attached to the main building. MEMBER OLIVA: How many square feet is it up there? MRS. MOORE: I'm sorry, what? MEMBER OLIVA: How many square feet is the upstairs of the garage? MRS. MOORE: Do you recall? MR. GREENE: It's about 6 or 700. MRS. MOORE: 600, 650, I think it's under 700, I know that because the first floor space is a two-bay garage. MEMBER OLIVA: No other rooms? PuglleseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 165 ZBA Town of Southold - January 8, 2009 MRS. MOORE: MEMBER OLIVA: car garage, no other rooms downstairs? CHAIRMAN GOEHRINGER: No, there's a storage room. MRS. MOORE: No, well there's like a storage area and, you know, like a walk-in area so you -- MEMBER WEISMAN: And the stairs. MRS. MOORE:' Yeah and the stairs up, right, but that part of the space is not the space where they sit and do their work. MEMBER OLIVA: My voice isn't so good today. In other cases, especially one in Orient, they wanted to do some sort of recreational room in their garage and we insisted that they put a heated enclosed walkway from the house to the garage to connect them. CHAIRMAN GOEHRINGER: represented that client, I'm sorry, what? Just the bay for the two- Right. You didn't you? MRS. MOORE: Yes. They were putting bedrooms? Yeah, that was a master bedroom suite over a three-story garage in Orient. it's a very different application here. PuglieseCou~ Repo~ingand Tran$criptionService (631)878-8355 So 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 MEMBER OLIVA: No, no, no. MRS. MOORE: Not that one? MEMBER OLIVA: One that you did, Gerry, there was a -- CHAIRMAN GOEHRINGER: I don't think I -- MRS. MOORE: Yeah, it was a design like a -- it was a very old house on Main Road and then they built what w~uld be like a barn- looking extension on the second floor was a master bedroom and rec room/family room and then below it was a two- or three-bay garage and you wanted to have the two spaces connected by an enclosure. MEMBER OLIVA: Right. MRS. MOORE: So that's what -- MEMBER OLIVA: That's my suggestion here because it is not in the Code. That a home office should be in your home not in the accessory building and we have so many requests for recreation rooms and in old garages, this in old garages and what-have-you and it's not in the Code. MRS. MOORE: Well, what we're asking is a variance from the requirement -- MEMBER OLIVA: I know. PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 167 ZBA Town of Southold - January 8, 2009 MRS. MOORE: -- to allow it to be used as it is without -- understand that the connection of the heated space between the house and this is about a space of about -- MEMBER OLIVA: Not that much. MRS. MOORE: -- oh a lengthy distance. I think we measured it cause we looked at that as a possibility. I said well you don't need a variance, you could do anything you wanted on that second floor space if you connected it. MEMBER OLIVA: That's right. MRS. MOORE: And the reality is that when you're raising three children and you work independently that the cost of putting that in, which is a space of about 15 feet, I think distance, more? I'm sorry, I'm looking at a survey. Oh, 25 feet, maybe. MEMBER SIMON: Pat, may I? Instead of talking about the substantive extra legal considerations, which are important obviously MRS. MOORE: Okay, I thought I answered the question. MEMBER SIMON: Okay, no. You're Pugliese Cou~ Repo~ingand TranscriptionSe~ice (63])878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 168 ZBA Town of Southold - January 8,'2009 answering a different question I think. MRS. MOORE: Okay. MEMBER SIMON: But this has two interesting aspects, this application, and what troubles me is that while you can make a case m~ybe for one, maybe for the other, maybe for both, but both together, you're asking for a special exception for home occupation separated from the building and that could considered on its merits and so forth on this thing for the consideration about having isolated space. BOARD ASST.: MRS. MOORE: special exception. MEMBER SIMON: MRS. MOORE: MEMBER SIMON: You mean a variance. No, just that -- yeah, no Yeah, a variance for that. Yes. And so it would be imagine if the case of like if someone had a dentist's office. We're talking about a professional office. If you had a dentist office or a doctor's office and it was not -- it was going to be a few feet separated from the house, you could probably make a pretty good argument. So that might be worth considering, you need a Pugllese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 169 ZBA Town of Southold - January 8, 2009 variance for it, a special permission for it, but here we're having something which looks like, to the Building Inspector and to some of us, too, like an apartment. MRS. MOORE: Okay. MEMBER SIMON: And it doesn't look like - - it looks, if I didn't know that they were going to use it as a home for home occupation, it looks to me like a two-bedroom apartment with a full bathroom, kitchenette, not a kitchen a kitchenette, full bathroom, two bedrooms or two rooms and a living room. If, for example, this couple who are -- in principle could move almost anyplace for their interesting and successful work, could move to some other place and sell the house to somebody who doesn't have such needs. Well, that person might have to apply for special permission to use it as an accessory home office because it sure doesn't look like that, except so far as you tell us and, I think truthfully, about how they intend to use it. What the Building Inspector probably didn't understand and I don't understand is if you're building a home office, why was it built that Pugliese Court Reporting and Transcription Service (631) 878-8355 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 170 ZBA Town of Southold - January 8, 2009 way? Why does it look so much like an apartment except for the fact that it doesn't have a full stove? MRS. MOORE: But that's why -- the whole point of why we're here. The Building Inspector says, I mean, it was a permissible - - that building permit was permissible. It was granted, they built it and it had space as office, I think it was office -- generic office space and they looked at it and said, hey, you know, it looks like an apartment. We want you to come to the Zoning Board to get approval. MEMBER SIMON: Why do you think they did that? MRS. MOORE: Well because it looks like an apartment. MEMBER SIMON: It does. MRS. MOORE: Right and that said I wouldn't -- put it this way, I'm making the application'to you. You make a decision that says you're allowed to use it as your ancillary office space, detached office space. When you buy a piece of property, you're going to have -- and it could be with covenants. PuglieseCou~ Repo~Jngand Transcri~ionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 171 ZBA Town of Southold - January 8, 2009 You buy it with whatever recorded, whatever records you have. Anybody who buys this is going to know, well in the Town of Southold you can't have an accessory apartment, a detached --you can't have an accessory apartment, period. into the Code. MEMBER SIMON: It hasn't been legislated Right. MRS. MOORE: And even if you wanted to come in and get a variance for it, the Zoning Board tends to not want to give you an accessory apartment in the space. If you're going to have an accessory apartment it has to be connected, it has to be part of the principle dwelling. MEMBER SIMON: I understand. Would you agree that what is being asked for, and this might be reasonable to ask for, is essentially two variances? One for an accessory apartment in a separate building and the other one for home occupation. They seem to be bringing these two issues together and it's regrettably confusing. MRS. MOORE: But I haven't applied for an accessory apartment. The Building Department Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 rejected it and said -- MEMBER SIMON: MRS. MOORE: apartment. MEMBER SIMON: What I'm saying -- -- it is an accessory -- is the fact that the 172 owner doesn't call it an accessory apartment, doesn't make it not an accessory apartment. MRS. MOORE: But it's use, it's not -- No. An accessory apartment is not -- MEMBER SIMON: It's used now. MRS. MOORE: I would strongly disagree because an accessory apartment, second dwelling, okay, accessory apartment would need cooking facilities. There is no cooking facility. There is no electrical outlet to hookup a stove, electric stove or anything. As I said, well he has an electric, uh, cause you need a super duper, you need a higher end electric plug for a electric stove, there's no gas for -- MEMBER SIMON: Okay, I understand. Let me ask a hypothetical. MRS. MOORE: -- a gas stove. So there's no cooking going on in this facility. MEMBER SIMON: Suppose the Greenes both PuglieseCou~Repo~ingandTranscriptionSe~ice (631)878-8355 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 173 wind up in their professional career working in a place where they actually are provided with offices, so this is not being used and low and behold the parents of one or the other of them needs a place to live? If I were the owner of that house and I had that place, I would say, mom, dad, or both of you, this is a great place for you to live. There's not a full kitchen, but it'll be a good place for you to live, and it's perfectly legal even though your home occupation is taking care of each other. MRS. MOORE: Well, is it perfectly legal? MEMBER SIMON: No, it isn't. MRS. MOORE: Well, then it's not perfectly legal. MEMBER SIMON: But it exists. We're allow -- are we going to allow the building of something which is not perfectly -- MRS. MOORE: But could it be used illegally? I -- I think that's the whole point why we're here. If we wanted to do something and use it illegally, we wouldn't have come to you. I think we're coming to you because we want to use it -- Pugliese Cou~ RepoSing and Transcription Semite (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 174 MEMBER SIMON: Okay. MRS. MOORE: -- legally and we want permission to use it -- MEMBER SIMON: Okay, I -- MRS. MOORE: -- as our office space. MEMBER SIMON: Okay, are you saying that the case depends entirely on the fact that this is going to be used only as a -- for home occupation and will never be legal if it is to be used for home occupation, but that it is going to be allowed. What's to keep somebody from saying that I want to build a place like this over my garage -- MRS. MOORE: Uh-huh. MEMBER SIMON: -- and I'm going to say that I work at home. I happen to be, have been most of my career, in a business where I did most of my work at home -- MRS. MOORE: Okay. MEMBER SIMON: -- as a college professor. MRS. MOORE: Okay, yes. MEMBER SIMON: -- in a home office, but a home office is not a secondary residence. I do not have, when I was declaring a tax deduction for a home office, I wouldn't dream PuglieseCou~ Repo~ingandTranscript!onSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 175 ZBA Town of Southold - January 8, 2009 of having a full bathroom, for example, adjoining my office and then try to blow this by the IRS and say this is really only a professional office. BOARD ASST.: You could have it in your house, though. MEMBER SIMON: I could have it in my house, but I couldn't have it in my special permission home occupation apartment. MRS. MOORE: Okay. MEMBER SIMON: And that's why I just doesn't seem right to me. This is subjective judgment, but it seems that way to other people apparently, Department. MRS. MOORE: MEMBER SIMON: too, such as the Building Right and that's why we came They're not completely benighted, I think, for drawing that conclusion. MRS. MOORE: No, MEMBER WEISMAN: MRS. MOORE: Go ahead. MEMBER WEISMAN: I'm going to proceed based on the Notice of Disapproval. PuglieseCou~ Repo~JngandTranscriptionSe~ice (631)878-8355 no. Can I ask a question? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 176 ZBA Town of Southold - January 8, 2009 MRS. MOORE: Right. MEMBER WEISMAN: says the proposal MRS. MOORE: no kitchen. BOARD ASST.: MRS. MOORE: Oh, MEMBER WEISMAN: plan -- MRS. MOORE: Okay. Alright, the application is to remove a kitchen. Right and I'm saying we have There was one. I'm sorry. What is shown on the MEMBER WEISMAN: -- and what was observed on site inspection is a kitchen whether you have an oven in it or not. If you want to -- MRS. MOORE: What constitutes a kitchen? Tell me -- MEMBER WEISMAN: -- call it a wetbar, if you want to call it -- I don't care what you call it -- MRS. MOORE: Okay. MEMBER WEISMAN: You can put a microwave in there and you can cook. Alright, the point is in this proposal are you planning to leave that like nook, presumably you are. MRS. MOORE: Yeah, I mean it has an apartment refrigerator where they can have Pug[ieseCou~ Repo~ingandT~nscri~ionSe~ice (631)878-8355 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 177 ZBA Town of Southold - January 8, 2009 cold drinks so they don't have to walk to the house. MEMBER WEISMAN: I know what's in there. MRS. MOORE: Yeah. MEMBER WEISMAN: But I'm -- we have a Notice of Disapproval that says that there is an illegal use, they've defined it as a second dwelling. MRS. MOORE: Right. MEMBER WEISMAN: Okay, now we have an application requesting that that ~illegal use" be either said it's not illegal or just simply say we want to use it for something else anyway and you want us to grant a variance that will allow you to have a home occupation in an.accessory structure that is not attached MRS. MOORE: Correct. MEMBER WEISMAN: -- to the principle dwelling as the Code now requires. MRS. MOORE: Correct. MEMBER WEISMAN: Where it's incidental to the primary dwelling. MRS. MOORE: Right. MEMBER WEISMAN: So let's just be clear PuglieseCou~ Repo~ingandTran$criptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 that that's what the notice says. MRS. MOORE: That's what I thought it was asking for. MRS. MOORE: Right. MEMBER SIMON: Right. MEMBER WEISMAN: There is an alternative to a variance, which is to attach it and you said that it's a matter of expense. MRS. MOORE: Right. MEMBER WEISMAN: The space is already heated, air conditioned, it's fully finished, it's as-built and, despite the fact that there's additional cost to attach it, I don't see how we can grant a variance for a use that's not permitted in an accessory structure. We've denied those applications, you were the attorney on one of them for a music studio, remember? CHAIRMAN GOEHRINGER: Right. MEMBER WEISMAN: On the North Road. MRS. MOORE: Right. MEMBER WEISMAN: We can grant variances from the Code, but what we're asking, really PuglieseCou~Repo~ingandTranscrJptionSe~ice (631)878-8355 178 MEMBER WEISMAN: And that's what you're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 179 ZBA Town of SoUthold - January 8, 2009 what we're asking for here is not so much a variance from the Code, but to say we're going to ignore the Code. It's not like a percentage of a change in the Code, you know what I'm saying, percentage -- MRS. MOORE: like lot coverage is a No, I understand that, but - MEMBER WEISMAN: -- of what the law will allow. This is simply not a legal use because it's not attached. MRS. MOORE: I don't read it -- I'm sorry, I don't read it that way. I read that a home occupancy use is a permissible use. It's still -- your principle residence -- MEMBER WEISMAN: Not in an accessory structure. MRS. MOORE: But it's whether or not you can grant a variance from the accessory structure requirement. Is that a variance or you're saying it's not, it's a use. I'm saying that the Code does not prohibit you from giving a variance to that element if you've met everything else in that description, you are -- all you're asking for Pugliese Cou~ Repo~ingand TranscriptJonSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 180 ZBA Town of Southold - January 8, 2009 is, well, allow us, instead of requiring us to throw our kids out, allow us to use the space that is a logical reasonable space tD have a quiet space for us to work from. So -- MEMBER SIMON: Let me go back to the home occupancy rule. As I understand the home occupancy rule, is it doesn't have to do with space, it has to do with whether you can run a business out of your house. MEMBER WEISMAN: That's right. MEMBER SIMON: So if you stop your home occupation nothing changes. There is not a special area that you're building for a home occupation, which then you think has to be scrutinized fairly closely to see whether is it a home occupation, is it just a home occupation? So the analogy with home occupation is very awkward because if it were the matter of like moving the dentist office with nothing but what a dentist office has, it has a waiting room and so forth, 30 feet away from the house, that's an easy case. This is not an easy case because it isn't that simple. It's a space and that's what it's all about, that's what the Building Department is calling Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 181 ZBA Town of Southold - January 8, 2009 attention to, that this is a space which is going to be used at least for the time being for home occupation and so it's like two variances in a way or two kinds of considerations. MRS. MOORE: Well, it seems to me that based on their needs that this space could be legalized that way. If you're saying to me, well, we would legalize this the second floor space of this garage for your use just get rid of the sink, I mean I really don't know how you get -- you know, I have in my office a cabinet that looks almost identical to this and it's -- a coffee maker sits on it. That's it. I have no kitchen, that is the extent of the kitchenette or whatever, however you describe it, the space to put a coffee and cold drinks. MEMBER SIMON: your office. Do you have a full bath in MRS. MOORE: Yes, oh absolutely. MEMBER SIMON: With tub and everything? MRS. MOORE: I do, yeah, full tub second floor. Yeah, actually that came in handy when the electricity went out. PuglJeseCou~ Reposing and T~nscri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 182 CHAIRMAN GOEHRINGER: Alright, can we continue down the line? MEMBER DINIZIO: I understand your argument, Pat. It certainly would be more compelling if there wasn't a tub and shower in there, but, you know, I -- and I understand the fact that we are talking about a use here assigned to a piece of property. We're discussing now where that use can be used in that piece of property. You're suggesting that it be in'the garage -- CHAIRMAN GOEHRINGER: Jim, you need to get closer to the mike. MEMBER DINIZIO: You're suggesting that it be in the garage upstairs in a separate building. I mean that's the crux of this whole thing. MRS. MOORE: Straightforward, yeah. MEMBER DINIZIO: Right. This, to me, I mean, to my mind about home offices it's not two offices and a reception area and a coffee area. It's a home office, you know, a place - - I mean I have a home office. I work out of my house. I run my business out of my house. You know, I don't store much there. I don't PuglieseCou~ Repo~ingand T~nscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 '9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 183 do a lot of, you know, inventory. I don't have a secretary. I don't have all of that and I'm not so sure that even a home office even considers having a secretary kind of a thing or a reception -- MRS. MOORE: You're allowed one employee, I think. Not that they have one or intend to have one. MEMBER OLIVA: Yeah, they are. No, I know, but the original home office. MEMBER DINIZIO: Okay, cause I remember going over, you know, what it was he wanted to accomplish there. MRS. MOORE: Yeah. MEMBER DINIZIO: What he wanted to accomplish was, you know, a place to put a computer and, you know, do your billing at night, I thought. MRS. MOORE: Right. MEMBER DINIZIO: So I mean when I opened it up and I saw a tub there, I'm thinking this is going to be a hard sell. Then I thought to myself, well, if these two people were artists, they wouldn't have any trouble at all because we've granted artists in separate PuglieseCourtRepo~ingandTranscri~ionService (631)878-8355 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 184 ZBA Town of Southold - January 8, 2009 buildings a number of times. CHAIRMAN GOEHRINGER: One, one. Two in particular. MEMBER DINIZIO: Well, I could think of (inaudible) and I could think of King and Cleary, which we made a lot of exceptions for that woman and we -- MRS. MOORE: And there's a third because (inaudible). MEMBER DINIZIO: There's probably plenty more, you know, there's probably plenty more, but you know I don't know maybe they should consider painting. I think that cooking is pretty close to that. MRS. MOORE: Yeah. I mean I also do want to have you keep in mind where we are. MEMBER OLIVA: 'I know exactly where. MRS. MOORE: This property is so isolated. It is in the middle of nowhere. It is surrounded by huge open-space property. They are -- if it's a question of does it bother anybody, does it intrude on anybody's privacy, anything? It is -- it takes -- it is quite a chore to even get to the house so it seemed to me that they've done a beautiful job PuglieseCou~ Repo~ingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 with the layout of their property and, you know, using that space for something productive it seemed to me that that was a reasonable request. Again, I felt the variance was from its placement instead of it being inside the house, it's still a residential property. It's not that people come to this and say, like a dentist's office, you would have clients that you would serve, that's not the case here at all. MEMBER OLIVA: Right. MRS. MOORE: They don't have anybody coming here. CHAIRMAN GOEHRINGER: My suggestion is that you get a price and get back to us with what it would cost to attach it to the house. MRS, MOORE: Okay. CHAIRMAN GOEHRINGER: That's my suggestion and very similar to the one we did in Orient and, you know, this one is much closer than the one that was in Orient. MEMBER OLIVA: Yeah. CHAIRMAN GOEHRINGER: To the two structures. MEMBER SIMON: I'd just say something PuglJeseCou~ ReportingandTranscriptionSe~ice (631)878-8355 185 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 186 ZBA Town of Southold - January 8, 2009 positive and encouraging. I think on first look it looks terrific and the neighborhood, all the environmental arguments and so forth are fine. One of the things I thought is I wish the Code allowed this kind of thing. MRS. MOORE: I would agree -- MEMBER SIMON: I'm on your side. MRS. MOORE: I r- I -- MEMBER SIMON: The problem is how can I as a member of this Board do what people are accused of like rewriting Code or pretending there wasn't a Code in order to do something that I wish were in the Code. That's the problem I have. MRS. MOORE: Okay. CHAIRMAN GOEHRINGER: You're gonna need a new disapproval if you do it. MRS. MOORE: Oh, if I connect it? CHAIRMAN GOEHRINGER: Yeah. BOARD ASST.: It would remove the use problem and trigger a side yard variance. MRS. MOORE: It would be part of the principle originally? Yeah, okay. CHAIRMAN GOEHRINGER: Yeah. MRS. MOORE: Yes, that's something to PuglieseCou~ Repo~ingandTran$criptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 187 ZBA Town of Southold - January 8, 2009 point out that if we do connect it we need a variance for a rear yard setback. BOARD ASST.: Side yard. MRS. MOORE: I'm sorry, side yard. CHAIRMAN GOEHRINGER: We'll deal with it. MRS. MOORE: Okay. MEMBER OLIVA: Did you have a previous application which was never, I think, for a pool? MRS. GREENE: MEMBER OLIVA: BOARD ASST.: was filed -- MEMBER OLIVA: If you'd like to look at it, come up. BOARD ASST.: -- by another agent. MR. GREENE: We hired an expediter -- BOARD ASST.: Yeah, it's an incomplete for a number of (inaudible). MR. GREENE: -- at one point years ago just to see if we could ever have a pool back there. BOARD ASST.: It should be withdrawn if you don't want to proceed with it, just a letter withdrawing the application -- PuglieseCou~ Repo~ingand T~nscriptionSe~ice (631)878-8355 acted on For a pool? Swimming pool. We have an application that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 188 ZBA Town of Southold - January 8, 2009 one. MR. GREENE: Okay, I never knew there was. BOARD ASST.: -- and we can try to refund some money to whoever paid for it. I don't know who paid for it, maybe your check, and you'd get a refund, if it's in your name. CHAIRMAN GOEHRINGER: That was Mr. Greene speaking. MR. GREENE: Yes. BOARD ASST.: Yes. CHAIRMAN GOEHRINGER: Okay, we need that. MR. GREENE: Sorry. BOARD ASST.: I don't have the whole application, but that's the indication right there. There is the file number, when it was filed, (inaudible) in the office in the other building if you'd like to look at it. CHAIRMAN GOEHRINGER: I would like to continue, please. Is there anybody else who would like to speak for or against this application? This application will be adjourned. BOARD ASST.: Do you want to adjourn it with a date or without a date? CHAIRMAN GOEHRINGER: Yeah. PuglieseCourtRepo~ingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 189 ZBA Town of Southold - January 8, 2009 MRS. MOORE: I guess my client is just a little frustrated because when he made the building permit application it was finished space and it was given a building permit. Had he realized that this was going to be such a difficult problem, he would have changed it then, but we have a building permit and we have -- CHAIRMAN GOEHRINGER: There is no CO on the structure. MEMBER OLIVA: No, we're waiting -- the CO we're -- they wouldn't issue a CO because they called it an apartment and we said we don't want an apartment. BOARD ASST.: Yeah, they said you've got a kitchen and in one of the reports said remove the kitchen. MEMBER'OLIVA: Right. MRS. MOORE: Right, which is what the -- well I guess the question is, if we remove the sink does it legalize it? Does it allow us to -- I don't know, case. BOARD ASST.: it doesn't seem to be the One of the Inspectors said there might be a way of making it a legal Pug[iese Cou~ RepoSing and Transcription Se~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 190 ZBA Town of Southold - January 8, 2009 accessory building and he could tell you how. MRS. MOORE: But we still want to use the space and that's the problem. BOARD ASST.: CO. MRS. MOORE: That's why you don't have a Right. MEMBER SIMON: I would like to ask the attorney what exactly is the status of the rule about kitchens and stoves in accessory buildings? ASST. TOWN ATTORNEY: (Inaudible). MEMBER SIMON: Okay. CHAIRMAN GOEHRINGER: All I can say and I will say this on the record, now you probably never heard me say this, this is one of the unique parts about Southold and this is the reason why Southold is what it is. Okay and that we generally do not allow the utilization of accessory structures and that is the reason why we're asking you to attach it and give us a figure on that. MRS. MOORE: Well, we'll do the research and see what -- how that can be -- BOARD ASST.: Adjourn it with a date or without a date? PuglieseCourtReportingand Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 23. MRS. MOORE: Um -- CHAIRMAN GOEHRINGER: The date is April 191 Pugliese Court Reporting and Transcription Service (631) 878-8355 MRS. MOORE: Oh, April is fine. April is fine. By then we should have -- CHAIRMAN GOEHRINGER: April 23 at what time, Linda? BOARD ASST.: 2 pm. CHAIRMAN GOEHRINGER: 2 pm. MRS. MOORE: This was the reason why movement of all this occurred, she's a lovely addition. CHAIRMAN GOEHRINGER: I'd like to adjourn this hearing until April 23r~ at 2:30 pm. MEMBER OLIVA: So moved. (See Minutes for Resolution.) ********************************************** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 321 ZBA Town of Southold - January 8, 2009 I, Denise Gasowski, certify that the foregoing transcript of tape recorded Public Hearings was prepared using four-track electronic transcription equipment and is a true and accurate record of the Hearings. Denise Gasowski Agency Name: Address of Agency: Pugliese's Court Reporting and Transcription Service 4 Saddlebrook Lane Manorville, New York 11949 Date: January 21, 2009 Pugliese Court Reporting and Transcription Service (631) 878-8355 Attn: Linda Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RE: Greene PREMISES: 30653 County Road 48, Peconic SCTM: 1000-73-4-5 Dear Chairperson Goehringer and Board With reference to the above, enclosed please find seven sets of photographs of both the exterior and the interior of the garage which is the subject of the variance being requested. Thank you and please do not hesitate to call should you have any questions. ruly yours, PCM:~__~ encls. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is ~rincipal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 18thdayof December, 2008. -- Principal Clerk ] Cday of_ Sworn to before me this '2oo8. NOTARY PLIBLIC-$TA'(~ OF NEW YORK NO, 01,VO6105050 ~h'~ ~ 5~tolk County ZONING'B~O~RD,OF APPE-ALS THUR~D ~y, JANUARy, 8, ~ pUBLiC ~A~GS~ NOTICE IS HEREBY GIVE~ pur- suant to Section 267 of the To~ ~w and Town Code Chapter 280 ~Zo~g),Town '~gs~wffi b~ held by~~ 'SO~THOED O~~ ZON~G BOARD ~OF PE~af~h¢ Tbwn ~ '5}09~ Ma n Road, ~O :'Bo1 t179f~u~old~ ~New Yurk 1I~1~5~ on ~RSDAY 9:30 A.Mf~tFER: Jk6OBS agd foot ~arcel ~fi~grZSficfion 70-124, based on ~e B alidthg'-l~speethf s July 24, 2008 Notice of Disapprgva coneermg a teratihfi~ 16, th4:~kia~qwelllnk, M~ a se back of ess than [be mdc requ red 1- ft. minimum ~e s de setback an~ J~'ss than 35 ft. g~imum rear yard setback, at 645 Jacks~a$~eet, New S~0~ ~ "9:40 A.M:ANTHONg ~d BAR~A-' ~BONAG~A'~6081: R~hu~sPf~ built Accessory Apartment with o~r- occqpanc~ in a s~}le.~fl~ ~nl~g~d wi~ Holbmdk 'Lane; ~GHES ~6236. Request.for ances un,er S~iions ~80~4 ~d permit and th~ B~ilding ~spector's S~- ~~ '" ,,-. ' _.. : F//6228, Re- .,LJ.~ ~.(6,186. (Cdn . e- quys~.for a. Va~ ~oder 'Set,on ~0- 18, ~sed on the applicant's reqh~st forh i2~, b~d~ ~h e o~ Ml~approvat:qg~c¢~mg a cerning 'A prgpes¢~?~[~dwel~~ wid~ a proposed lot area for 1000-3~::8-~ 4, ~ Marion ~e. whiob lot less conforming by reducing it/s~e Rom mofishmg the ex~g_b~l~gh at 2000 34,194 square fek~ t0 30 448 square T&et ' ' ' in tom s~e. ~d concffrn~g 1~0-3f- Broadwaters ~ad} ~tchogue; ~M 8-13 at 730 Bay Avenue, East Marion. which lot wd] become more confomung by increasing s size from 8.340 square feet o 12.086 square feet. . · 10'.30 A,M. gOBER~ #6241:Request for Variances under gec- ~oa 280-124, based on the Building In- lq~ct~r'iOc{ober 17,2008 Notic~ of Dis- $~pproval concerning a proposed deck addition at less than the code-required mmhnum front yard setback of 35 reel 1:30 RM, ~ G. and JOYCF 1. MES$INA g 6223. Request for Vari- ances under Section 280:!16A(1), baaed on th~'Binlding ~nsi~ector s September 2 2008 Notice ~fDisappfbva c6neeining a proposed accessory swimiomg pod And spa at 165s than J00 fe~ fi'om tl~ top hi he bank or buff on aot ad[acentto the Long [slandrSound and,wifh lot CO.rage exceeding the code limitanon of 20% on this buildable land area of 15.253 square and lot_coverage exceeding the cOde feet. at 1690 1he Strand, East Marion; ~nimtig~ ~ ,2.0%.on this noncomorm- CTM 30-2-hl mg +/...31-ac/,:lgt£at z[050 Camp Mine ' '1 56 ~ ~G~2~' -- din Road, Mat~tuck, ~ d23-5-20:' '. $6237:Re~flSst'fbr-V~an~s,~nOee'$~ Request for a 'enhance under Section 28(L124 based on' the Building Inspec- toffs August 25, 2008 Notice of Disap proval concermng an as-budt outdoor shower addition to the single-family dwelling which is less than 10 feet on a single side yard, less th~n 15 feet on the opposite side yard, resulting ia less than 25 feet ibr a total of both side yards, at 1185 Bungalow Lane, Mattituck: CPM ii:0b A.M. J~COUELINF MosKOW!T;z g6238. Location of Prob- erry:80 Lakeside Drive and Cedar Point quest for Variances on this 14 118 ~quare foot Iht, under Zonin§ Cbd~, Sections 280-122 and 280-124. based on applica- tions for building permits and the Build- mg Inspector's August 22, 2008 Notice of Disapproval concerning a pergola fence height, swimming povl, and as built car ti) Ihe proposed pergola to b~ added because such addqluns/altcratnm will yard setback and flora yard setback see ZBA g3255 of August 14, 19S4 Conamons under ZBA #3950 aa~ed hdv il. [991) which states: the ~ence and an~ on the Budding Inspector's October 8, 2008 Notice of Disapproval concerning a proposed dwelling, swimming pool, trellis and accessory garage. The rea- sons stated for disapprowng the huilding permit apphcafion are: 1) the proposed lo~ations?0f the trelhs to be added to thc house; and accessory swimming pool, are not permitted at ~ess titan 100 fee~ from me top of. the bluff or bank 9n o s adja. cent totbe bi. Souhkl: (2)'~1~e in'ground SWlHlllllng pool is also pro osea n a side yard; ~raibe~' ~h~ n' ~-_l~,ermiWed front yo2d indie ¢ase o~ a waterfront lot, or code-p er mit t dd yea~'-yard;~(3 jme w constni~tion i§ propbsed-~it less ti~n~the code-required minimum of 15 feet on a smgle side yard. Location of Property: 18805 Soundvlew Avenue. Southolo CTMS] [-14 2:[0 EM. IIENRY TRAENDLy and BARBARA CAI)WALLAD[!R Lo ram- of Pro~ert South Sidc t Mare Road NYS Route 25/ Easl Man Building lnspector'~ Jar~uar,. 3b. 7008 Notice of Disapt ro,~al, amended Julv 23 minhnum of 22.fbet.under' 2~BA¥/-3950 lots shall dwelling, whicl~ less tll~n the 35 feet for Schedule for CTM Parcel Parcel Section 280d24; based '6~' rBUil~ng. Inspector's January 30:2008 Notice of DisapprovaL'amended July 25 2008 concerning a proposed single-fami- ly dwelling (after demolition o;~ ah ex st- and less ; areas;instead of a home revidw dUrifig reghlhr buginess hours 9ffi¢e carried 'on in fl~e main bui!ding, and.~/o~la~l~Y~0~h¢ ~l~aring Ify0u Sworn to before me this /%. l Cday of Principal Clerk _{~Y--'-~' ' 2008. NOTARY PUBLIC-STATE OF NEW YORK NO. 01-V06105050 ~ii,'i~o l*~ ~}uitolk County lot-lmechange~dtheBu dntln~pec- MavU~0~No ;~}l~!;~ for s ~oti¢~ 9f~!~app~9~a x~ae~g a cern ng h proposed ~a~ .prop~set lot ~ea' for ~.$~a:I2.4~ at setback ~t ~ies~?~. ~6'd~' ~ Mad0n L~e, which lot ~ill become 35 feet from the tess conformifig by reducing itfftke Rom; mo!ish¢g~ge e~g-;b~id~gL,:a~ 2000 ~ 34,19~ square ~ t3 3d,~8 s~a~e ~e~ ' Broadwaters ~d~ ~kch~u~; i~M ~ total si~e, and c~nc&n~g '1000-J~: 1~ ¢12, ' 8-13 at 730 Bay Avenue, E~t Marion, 1::30 ~M~ THOMAS G. and JoYC ;~by ~easing i~e ~om 8 3~0 squ~e antes ~der Secgon 280-~16A(1) breed ~¢t i~12 ~6 sqfi~e feet. 0ff ifi~rB~ldihg ~to~ S se~m~r 2 laio A.M. ~OBERT BERGAMiNi 2008 Notice 6f Disapp~val ~h~ a ~6~: Request forVar ~CeS hnd& 8ecl proposed accessory ~mmmg ~n ~0~4; bMed on the;Bfiitd ng In- sp~ at ~S~'thh~ 1~ {e~t ~ ~ s Ocinber ~7'2008 N°tme of Dm- the ban~ or bluff on a lot adjacent lo ~e ;~pr~ concerning a proposed deck Long~l~Sounda~d~i~lot~mg~ ~,; ;SO~O~:~ ~ ,,~ c ~ddition at less th~ the code-r~inred exceeding the c6de Ilmi{afion pf~% on ..... ~ 2 Z~:0F~PPEALS ~um kent yard setback of 35 feet this buildable hnd area 0f 15,253 ~re ~d i0~ver~ ~xcecai,g the ~d~ fe~, at 1690 ~C StiPend, East M~on; PUBLIC'~AR~S: d: ~tion ~ ~0% on · s nonco~orm ~'M 30 6 suant to Section 267 of thg To~ M~ and ~ ~'a3~i~ ag ;~05~ ,~mp ~ e; ', t 505 ~ ,~~ Town C0~e Chaptek 280 (Z0~i~g}~T0Wn °la Roaa;Mattithak; ~;123ZSa02: ~ d ~6~7 ~&~fiat:f~ 0f Sgu/~01d' the f6fl°~g PUb~6*h~ar' Re Uest for a Varian -ing~wffi 6e-,ke~ ~;so~c2zx q · ce under Section on the Build~ ~s ect r's ~ ~' 28¢124 based onr the Build' g p p October 8 TO~ ~O~G ~BO~: OF:,* p ' lng ~spec- 2~8 Not ce of D sa rova PE~S at the TereSa 5309~ Ma n ~ugust 25, 2008 Nonce of D~s~p- a proposed dwe ns, SWmm ng ool ~ff~::~ ~J ~i~ ~/~o: lie fl~e single4amily sons state~ford sapprovng be bufl~g U~ } ~'gENNtFgR JACOB S a n d ~m~i~i~r2/~s~ th~ tS:.feet 0n the 16~atiofi~f ~he ~ellis t~ be ad~d ~ the V~i~q{~ ~:~i~ ~2,~ ~q~e ~eI.~°r ~ totaJ of b~t~ sMe yards, at not permitted at less dian 1005~t ~om ~ !aPt:~fi~lh~a~S~¢fi0n2802i2~;b~ed 1 ungatEw ~ane, matt,tuck; ~M the top:6[me UUff~t ba~ onlou ad'a- 0fi th~ BU ld~inspe~t0t S]ub, 24 2008 ~-~06. : cent to the E.L S0Un3~ {2~ i~in ro~d Notice Of D~X~ro~a Conee~ a " , ~ swmmngpoo sase re osed naside propo~d Se~0~rsi~iy~dd fi0n ~n~ a ~; Q~T~?~Ip. Locat on of pr?p- yard ra~6fu ~fi~'~peim ~ , - : erty: ou ~a~esme onve ~d Cedar Point ~ont y~d in~e case. ~ ~ wam~on~ : ~: q for Variances on.is 14318 Square con~fmbt finis p~0pbs~fl,~t less trion ~e fL minimum sin~e side se~back.~dless foot l~t; ~der Z0n~~ ~d~ Sect ods c ' · : 1000.110:9:5;2: ' "}~ in ln~;~)~i~uP;[~[s and the Build 18805 Soundvie~ Avenue Southod RA BONAGURA'~8{; K~fl~s~fbr ~¢ . ~a~prox, al c~ncernlng a pergola, fence 2:[0 EM HENRY TRAEND/Y an0 Specla E~cept on'~nd~tZ0n~ ~?~ ne~gnt, swmmm~g pool and as-bud c r BARBARA CADWALLA built AcCeSSo.~pa~}'~i~¢~;7 (1)tee proposed pergola to be added Road NYS R~ue 25) Ess Marion, H° bP~k~La~e: Mhi~ ~u~k2~, ~';~' "~I3: cons u c an lnc ease m tim degree el No ce old sap)rova ,' n ended Ju v 25' . , under Article II, Sections 100-25 100 26 (rcnumbered 280 9 and 280-10)~ concerning County 'ihx Map Parcel Numbers 12 and 11.in District 1000. Sec- tion 31, Block 14 which states: "Merger. A nonconlorming lot shall merge with al/ .djaccnt conforming or nonconforming ]ol which has been held in COlnmon ownersliip with the first (2) the lence is not allowed as per Conditions under ZBA #3950 dated July 11, I99.0 which states: tee Icl,ce and screening shall not exceed 4 ft. 6 dL in height in h'ont yard areas above grade. the area beginning at a point of 30 feet from lhe corner of Cedar Point Drive to 30 feet from the comer of Lakeside Drive shall remain open and un-vegc ances under Sections 2804 and 280;12 based upbn afl application for a permit and the Building i~spector;s S~p~ tember 22, 2008 Notice of Disapprova stating that the as~built mobile h0me is not perm tied for two rea¢dns: (1) it con- stitutes a second dwelling umt. and it contains less than 850 square feet of living area. Location of Property:'9525 ___ at a ~r mc afer Jul) 1 1983 An ad 6N!~;n Road, Mattnuck; CTM 1')00-122 "1990 is 10~ied,at le~S tM~t~ required feevormore iff disfanee::Nobb~n{6~g e~iing ;single~famil~ dwelling, :which 7n'~';~0nstracti0n ;Wilt Be less th~n the CQ~r~quired tatum o( 35 feet for a r~ar yard s¢?~fil~ and Which exceeds the 0ts in this re}[liYiSi~g 0f PRAHL: ~h ~real ~f l~s~s tff~n ~;c~51e,fequired 401000 square feet of bUildable innd un- ' this 7,700 dgLthe Bulk Schedule for CTM Parcel , !000;31:14r~$ a~d adjEcen.t .CTM~, ~ Paine! '; ~i zBA #6154: Request for VariatiOns y dwdl ng (alter demolition efta exist. ~ i combined Side yards Of 25 fee~, and tess ~ ~ ' th~ 35:fe¢~;fr0m the ~;yard lOi li~e, ~ ~ ai. 13ooo Main Road¢ East MafiOsi CTM h i! i Th~B~ard ~! App~ai~ Wi [; h..e.a~, all al i n f, persons; 0r their representatives,:desir: b~ 5 ~ a : in~ tob~ h~ai:d, at ea~:lmar~g &ssory ( c r ' des idg id: ~fibmit :iv~fitt~n': acces~Sry useas a garag ~ d be. fore the ;cincl,i~ib~ ~f ,hbhe O~eupation office' With'f~ii!bath; ~ E~ch hearhig~wili a0t S{~ ~rli.~r than ~6in;~fier r~m0yal of the a~;batit kirchl designated above: File~ fire available for en ghd C°6king areas, instead bf a home fevlew dfirifig regular business hours office carried On in the main building. have,~gesti¢l-~ please do not hesitate o cdfita'c~'6~u}~ff~e'fit (631)765;1809, The proposed ch, nog9 in us~ fl'or~ gBragn t~2 ahom~ 9ffice is notrperinitled under code gqcfion 280-13C.2a;which requires a "home occupatiofi' to be incidental to lhe residential dse.of the premises and carrieO:on in tbe main building. In addi- tion, the-Building inspector state~ that the existing living space with kitchen (apartment) as:built is not permitted un: der Section 280-12, since the Code timits each lot tq only one dwelling. Location of Propertyf30683 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 73-4 5. or by e-mail: Linda. Kowalski@Town, Southold.nyus. - Dated: December 12, 2{)08. ZONING BOARD OFAPPEALS GERARD E GOEHRINGER, CHAIKMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53(/95 Main Road (Mailing/USPS) Re. Box 1179 Southold. NY 11971-0959 9137-1'1 12/18 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GREENE, A. & E. #6235 MAP # 73-4-5 VARIANCE GARAGE AS BUILT FOR PROP. HOME OFFICE USE DATE: THURS, JAN. 8, 2009 , 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nox~hfork.net December 10, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before December 22nd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current OW~ler name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that addr(~ss as well. If any letter is returned to you undeliverable1 you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability1 and to confirm how arran.qements were made in either a written statement, or durinq the hearin.ql providin.q the returned letter to us as soon as possible; AND not later than December 29th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no mom;than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postinq for receipt by us by January 5, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OE $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: D~: F~x # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (p~ess 1 at voice ~ecording) REFERENCE:: [] URGENT ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] .............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: _.~.~- DEPARTMENT OF PLANNING Mr. Gerry Goehringer, Chair Town of Southold ZBA 53085 Main Road Southold, New York 11971 Dear Mr. Goehringer: COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE September 16, 2008 RECEIVED NOV I 7 2008 ZONING ItOAED OF ~PP2AL~S I THOMAS ISLES, AICP DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-commtmity impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants SCTM Numbers Zito 6233 Green 6235 TRK:ds Very truly yours, Thomas A. Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (63I} 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 October 3, 2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 I971 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6235 Action Requested: Within 500 feet of: Owner/Applicant: GREENE Bluff setback and Lot coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ZONING BOARD OF APPEAL8 TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Nam~'~f Applicants) Regarding Posting of Sign upon Applicant's Land Ment/fied as 100o-q - S COUHTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTn ¢. .... APR 2 1 2009 & (",O,:-ck)~ residingat 3hl.9.~?> C~. c4~' C2 kD'aX , New York, being duly sworn, depose and say that: 00nthe\~ dayof ~Q/~tt._ ~c~, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to tl~tt date of the subject heating date, which hearing date was shown to be ~(~ , b-~l-'-. ~ c:,',',',',',',','~)<~ Sworn to befq~e..me th/s (9_~?: day of /-~4~, ,200~ ~ ~ PuDlic) *near the entrance or driveway entrance of my property, as the area most visible to passersby. PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3, Service Ty~e 2. Article Number 7192 6463 3110 0000 4001 ~ 7192 6463 31111 ao0o 4001 1. Artlcle~Addressed To: THO~S MCGUNNIGLE 302~ COUNTY RD- 48 PECONIC NY 11958 J PATR~IA C. MOORE, ATTORNE~AT LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE SIGNED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ANDREW & ELIZABETH GREENE (Name of Applicant) CTM Parcel #1000-73-4w5 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT ........ : 'OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: ~._ On th'e ¥ day of April, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this day of April, 2009. MARGARET C, RUTKOWSKI Notary Public, State cf New York No. 4952528 Quallf ed in Suffolk Coun*,, · . PLEASE list, on th~l~l~ ~ rLW~Afftea~it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. GREENE NEIGHBOR LIST SCTM: 1000-73-4-4.2 Robert Gober 119 E. 10th Street New York NY 10003 SCTM: 1000-73-4-4.2 Thomas McGunnigle 30255 County Rd. 48 Peconic NY 11958 SCTM: 1000-74-1-37.3 Breeze Hill Partners LLC 4 Ashfield Lane Greenwich CT 06831 SCTM: 1000-74-1-36 RECEIPT 7192 6463 3110 0000 3998 FROM: Patricia C Moore Esq RE: greene zba hearing RECEIPT 7192 0~63 3110 0000,4001 FROM: Patncia C Moore Esq RE: greene zba hearing RECEIPT 7192 F34~3 3110 0000 4018 FROM: Patric~a C Moore Esq RE: greene zba hearing SEND TO: TOTAL $ ~ POSTMARK OR DATE SEND TO: Thomas McGunnigle 30255 County Rd 48 Peconic NY 11958 FEES: . ~ TOTAL $ 5.32- POSTMARK OR DATE SEND TO: FEES: , ~,~ TOTAL $ -%~-2 POSTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 1197t Tel: (631) 765-4330 Fax: (631) 765~4643 April 6, 2009 CERTIFIED MAIL RETURN RECE~PT REQUESTED RE: GREENE PROPERTY ADDRESS: 30653 C.R. 48, Peconic, SCTM: 1000-73-4-5 New York Dear Neighbor: I represent at 30653 C.R. 48 York 11958. the above with regard to their property located (a/k/a, Middle Road or North Road), Peconic, New They have submitted a request for a variance to the Southold Town Zoning Board of Appeals to construct an addition (conditioned space) to attach the as-built construction to the dwelling, which as-built construction will be less than the code- required 20 foot minimum from the side yard. The hearing on this matter is scheduled for THURSDAY, APRIL 23, 2009 at 10:05 A.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Mr. Mrs. Andrew Greene Ve~y~trul2~ yours, ~--P~tricia C. Moore Town Annax/First Floor, Capital One Bank 54375 Main Road (at Youngs A,~nue) Southold, NY 11971 53095 Main Road P.O, Box 1179 Southold, NY 11971-0959 http://soo~boldtown.northf~ork-n~t BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (6~1) 765-1809 Fax (631[) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section ;267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, A. PRIL 23, 2009:. 10:05 A..M. ANDREW and ELIZABETH GREENE #6235 (as amended 3/24109). Request for a Variance under Code Section 280-14, based on the Building Inspector's Mamh 20, 2008' Notice of DisapprcOal concerning an amended application for a building permit to construct an addition (cohditionad space) to attach the as-built consf~ucflon to the dwelling, which as-built construction' will be less than the code-~equlred 20 ft. minimum from the side yard. (The applicant withdrew the previous request for an acceSSory building with non.permitted use). Location of Property: 30653 C.R. 48 (alk/a Middle Road or North Road), Peconic; CTM 73-4-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each healing, and/or desiring to submit written statementS before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing, if you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalskl@Town.Southoid.ny.us. Dated: April 3, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 April 8, 2009 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: GREENE PROPERTY ADDRESS: 30653 C.R. 48, Peconic, SCTM: 1000-73-4-5 HEARING DATE: THURSDAY, JAAIUARY 9, 2009 New York Dear Chairman: With reference to the above, enclosed please find Affidavit of Mailing, certified mail receipts and copy of letter to neighbors. Thank you. Very t/~ly your~ By Betsy~rkins LA bp encls. ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of ANDREW & ELIZABETH GREENE (Name of Applicant) CTM Parcel #73-4-5 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT Of MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On th~ day of December, 2008, I personally mailed at the United States Post Office iff Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office ., for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this ~ ~ ~.~o.~f December, 2008 (' (N(Ytary PubliC)MARGARET C. RUTKOWSKI Notary Public, Stat9 of New York No. 4982528 Qualified in Saflolk County~ Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ANDREW & ELIZABETH GREENE AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-73-4-5 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Andrew Greene, residing at 30653 North Road, Peconic, New York 11958 being duly sworn, depose and say that: On th~ 44,. day of December, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, January 9, 2009 ANDREW"GREENE ,~worn to before me this L~ day of~, .~.~,, ,~,..,, ..... *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Received By: (P~ase Pdnt C/early) C. Date of Defivery PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 SIg~ture~ (B~ssee ~DAge~ Date 'of ~elive~ 'T--~-.IcIA c. MOOR,' e~.. ~J 51020 MAIN ROAD iJ SOUTHOLD NY 11971 e or DAgen~ By: (Please Prinl Date of Delivep/ ). Addressee's Address -4. Re~stricted Delivery? 3. Service TyF I(Extra Fee) [] Yes CERTIFIED / 7192 6463 3110 0000 2847 Article Addressed To: BREEZE HILL PARTNERS LLC 4 ASHFIELD LANE GRE[NWICH CT 06831 Restricted Delivery? 3. (Extra Fee) [] Yes CERTIFIED 3. Article Number 7192 6463 3110 0000 2830 Illlllr]llllllllllllllllllllllllllitl 7192 6463 3110 0000 2830 1. Article Addressed To: THOMAS MCGUNNIGLE 30255 COUNTY RD. 48 PECONIC NY 11958 4. Restricted Delivery? 13. SewJce Type (Extra Fee) [] YesI CERTIFIED ?- Article Number r 7192 6463 3110 0000 2823 7192 6463 3110 0000 2823 1. Article Addressed To: ROBERT GOBER 119 E. 10TH STREET NEW YORK NY 10003 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 jAN December 22, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: GREENE PROPERTY ADDRESS: 30653 C.R. 48, Peconic, SCTM: 1000-73-4-5 HEARING DATE: THURSDAY, JANUARY 9, 2009 New York Dear Chairman: With reference to the above, enclosed please find Affidavit of Mailing, postal receipts and copy of letter to neighbors. Thank you. Ve~ truly yours, / t ricia/~.¥ Mo~re !By Betsy P~kins LA bp encls. Robert Gober 119 E. 10th Street New York NY 10003 SCTM: 1000-73-4-4.2 GREENE NEIGHBOR LIST SCTM: 1000-73-4-4.2 Thomas McGunnigle 30255 County Rd. 48 Peconic NY 11958 SCTM: 1000-74-1-37.3 Breeze Hill Partners LLC 4 Ashfield Lane Greenwich CT 06831 SCTM: 1000-74-1-36 RECEIPT 7192 6463 3110 0000 2823 FROM: Parrs;ia C. Moore Esq RE gree~e zba hearing RECEIPT 7192 6463 3110 0ooo 2830 FROM: Patricia C MOOre Esq RE: greene zba hearing RECEIPT 7192 64~3 3110 oooo 28~.7 FROM: SEND TO: Robert Gober 119 E loth S~reet New York NY 10003 FEES: Postage 042 TOTAL $ 5.32 POSTMARI~,(~ DATE SEND TO: Thomas McGunnigle 30255 County Rd 48 Peconic NY 11958 FEES: Postage 0.42 TOTAL $ 5.32 POSTM/IRK OR DATE SEND TO: FEES: 042 Postage 2.70 ceri~bed F~e Rotum ReC~pt 220 Restricte<t TOTAL $ 5.32 PosTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 !) 765-4643 December 19, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: GREENE PROPERTY ADDRESS: 30653 SCTM: 1000-73-4-5 C.R. 48, Peconic, New York Dear Neighbor: I represent the above with regard to their property located at 30653 C.R. 48 (a/k/a, Middle Road or North Road), Peconic, New York 11958. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals to alter the use of an accessory building (second floor) from an accessory building (second floor) from an accessory use as a garage to the owner's home occupation office with full bathroom, after removal of an as built kitchen and cooking areas, instead of a home office carried on in the main building. Please note that there is no actual kitchen. The hearing on this matter is scheduled for THURSDAY, JANUARY 8, 2009 at 1:00 P.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Mr. & Mrs. Andrew Greene ve~yJtrllly yours, .- Pa~icia c. Moore Office Location: Town'Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2009 PUBLIC HEARING Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JANUARY 8, 2009: 1:00 P.M. ANDREW and ELIZABETH GREENE #6235. Request for Variances under Code Sections 280-12 and 280-13C.2.a, based on the Building Inspector's June 30, 2008 Notice of Disapproval concerning an application for a building permit to alter the use of an accessory building (second floor) from an accessory use as a garage to the owner's home occupation office with full bathroom, after removal of the as-built kitchen and cooking areas, instead of a home office carried on in the main building. The proposed change in use from garage to a home office is not permitted under Code Section 280-13C.2a, which requires a "home occupation" to be incidental to the residential use of the premises and carried on in the main building. In addition, the Building Inspector states that the existing living space with kitchen (apartment) as-built is not permitted under Section 280-12, since the Code limits each lot to only one dwelling. Location of Property: 30653 C.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM 73-4-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: December 10, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 1t971-0959 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 January 6, 2009 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: GREENE PROPERTY ADDRESS: 30653 C.R. 48, Peconic, SCTM: 1000-73-4-5 HEARING DATE: THURSDAY, Ji~N-UARY 9, 2009 New York Dear Chairman: With reference to the above, enclosed please find Affidavit of Posting, green certified mail receipt card received as fo date. Thank you. bp encls. Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET REFERENCE:: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBEI~ 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] ............. NOTES/COMMENTS: Please find attached copy/copies of the followings. Thank you. Sende~slnifia~: _~' . NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GREENE, A. & E. #6235 MAP # 73-4-5 VARIANCE GARAGE ADDITION TO DWELLING REQUEST DATE: SETBACK THURS, APR. 23, 200" , 1:00 PM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765'1809 '~.!l:i OF SUFFOLK {~ x °'"°" SOUTHOLD SECTION NO Reol Property lox SeKvice Agency ..... ~ I. SECTION NO 073 ,i S'CDHS,, ReL ~, RI0-02-0014 TEST HOLE # I TEST BORING ~nfo~E $1~IATURE APPEARS t~REOI~ '~OU~;' - FO - D,4 TE',~E NOT IN COMPLIANCE ~IITH T~ ~-~ · I ern laml#ar wllh the STANDARDS FOR APPROVA£ AND CONSTRUCTION OF SUBSURFACE SEIYAGE DISPOSAL SYSTEMS FOR SINGLE F'AMIL Y RESIDENCES end will oblde by the coedlfloos eel forlh Ihereln ond on permll Io conslrucf, TEST HOLE ,'57'10'W? \1~9.66 N/O/F .THOMAS P. McGUNNIGLE TOWN OF SOUTHOL£ SUFFOLK COUNTY, I lO00 - 73 - 04 - 05 SCALE.. 1" = 60' rEST HOLE ~rES~ HO Z ;~ , $~ DEC. 26, 2001 o' ~ MAY 15, ~OOB pOLE PHOTO NO. ~JT ' ~556 '~ ~.~ CF-RTFIED TO' ANbREIV ~. GREENE CO~ONW~L TH ~ TITLE ~SUR~NCE COMPANY ~T~R ~VtNGS BANK I ~"'~ I I ~ ;"~ CROSSffCTION- SEPTIC SYSTEM ,,ooo., ~URVEY OF PROPERT ~ ' A T PECONIC Br. Sttty ~, Tee Jo~ans of wells and cesspools shown I~ereon ~re ~rom field observnJions and or ~rom dele ~btelned from olhers. COAST,~L m~SX~V ~ UNE COASTAL ~ERO~OIV ~ ~ MAPS I PETER ,1. ,I. TROYAIVO ~ MARGARET S. TROYAIVO HENRY REICHMAIV ~ STEI_L.A REICHMAIV TOWN OF $OUThlOLO ~ . dA~ //, /~ NO~ ~, /~ HOW&NO W. VOUN6t I~.$. L.$. LIe, NO. 45~9~i $. 5101?°lO /,,// ., now or formerly Florence Wicks formerly Broni~low Oomole$~i 1415.?0° now or formerly Tho[nos P, McGunnigle formerly Y. ~t C Holding Corp. formerlj~ Stephen ~ Helen Sledjeski APPEAL NO. 3294 BOARD OF APPEALS : TOWN OF SOUTHOLD In the Matter of the Petition of PETER J, J. TROYANO and MARGARET S. TROYANO, to the Board of Appeals of the Town of Southold ATTORNEY'S AFFIDAVIT RICHARD F, LARK f //'/ .."15 IONI T~O"fA h.lO --.. t Y~H~ ~o O~RANDER AVENUE · ~ v~ ~ RIVERHEAO~ NEW YORK ~OFESSIONAL R N.~LI~N~ NO 284a L&ND JAk~, 20, 19~4- DATE' RP--V'I s ~ Or, J O< ~ O00 ~. · I0~ of O0~ ~0~°s P. ~OU~vD ~-r ~ oo° ~ooo Elizobeth lhompson . Architect 2~ Mercer St, Suite B ~6 Ne. ~or~. NY 212-614-7180 1~12 ETNcBiIocI~nyC rncom SEWER LINE- PROVIDE CLE,4NOUT EVER~ 50' ~. TEST HOLE Brown% so~d brown SM brown clayey sand sa~ clay SC ~row~ fo medium send SP DWELLING TEST BORING #/ SL · Y/ELL CP. 150' * ELEVATIONS ARE REFERENCED TO N.G, V.D. · ~ MONUMENT · = PIPE HEREON ARE VAUO FOR TH~ J44P AND COP~$ THEREOF ONL SAID 14AP~OR ~ ~ ~ ~ ~L ~T- TO-DATE A~ ~T ~ C~ ~1~ ~ ~. I om familiar ~tt~ the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE DISPOSAL SYSTEMS FOR SINGLE PAMIL Y RES~ENCES and will abide by the con,lions sol forf~ fhereln permff lo conslrucf, The locations of wells and cesspools shown her. eon are from field observdlons. and or from dole obfdned from olhers. COASTAL EROSION HAZARD LINE COASTAL EROSION HAZARD AREA MAPS PHOTO NO. 57 - 556 -' ~3 CERTIFIED TO, ANDREW U. GREENE COMMONV/EAL TH LAND TITLE INSURANCE COMPANY /;:;l ~,., ,,.,' ~,.~ ~. ~ ~,~, -- ~ ..... CROSB~CTION- SEPTIC SYSTEM PRDPDSED ~PT~ SYE~ / POOL ,'E DEEP ~ITH 3' ~N SAND COLLAR REMOVE MA TERIAL DO~ TO ~ SW ~ 8ACR FILL ~ ~ U VEY OF P OPE TY A T PECONIC TOWN OF SOUTHO D SUFFOLK COUNT N 1~0 - 7~ ~ 05 SCAL6 1" = 60' S. 40'57'/0'W.~o~ x1~9.66, N/O/F 23' 28' 36'6' rest HOLE ~ / SL Fine Br. Sand Small fo Fine Gr., trnce Silly Cloy SM Fine Br. Greyish Br. Send ~ Slll~ Some Br. Sefy Clay, Trnce GR. 'Co.se fo Some Grov~ Some Br. Co~se to ~ Br. S~d E F~ Truce ~ Io Med. ~., fl'ccc DEC. 26, 2001 ~c. ~, E~ Ileal ~ t f ~7 I .S'~pl. 26, 2003 DEC ~, F_~ tFo~ June I~, ~4 f~e~, ~lve~ & govern CB3(j 7_6g..-']5_qeO 1797 PATRICI~IZ. MOORE, $1020 Main Road, Southold, NY 11971 1958 - Google Maps http://maps.googl s.f=q&hl=en&geocode=&q=11958&sl.. Get Google M ,a~s on your phone G ~6~ccY 5:5; 12/11/08 10:51 AM 1958 - Google Maps http://maps.google.congmaps~=q&hl=en&geocode=&q= 1195. 8&si... Gqi2gle ^-. ,.o.,~.,,,, J Get Google Maps on your phone Text the word '~MRPS" to 466453 · 2008 Ooogle Map da~a ~2008 Tele'Aths I of I 12/11/08 10:54 AM COUNTY OF SUFFOLK Real Property Tax Service ~°'" ~ SOUTHOLD 1000 SECTION NO COUNTY OF SUFFOLK eel Proper ox Service ency !! ' ~ /~TM~I SOUTHOLO I SECnON .0