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HomeMy WebLinkAbout6419 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEETING OF DECEMBER 2, 2010 5outhold" o,.._ --Town Clerk ZBA Application No.: 6419 Applicants/Owners: Nancy Conlon Property Location: 310 Huntington Blvd. Peconic, NY SCTM#: 1000-67-04-08 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 requirements under SEQRA. The Zoning Board of Appeals held a public hearing on this application on Oct 21, 2010, 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: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in existing accessory structure. The proposed Accessory Apartment unit would be located on two floors of an accessory building, with the first floor containing 366 sq. fi. of living space, and the second floor containing 276.4 sq. fi. of living space, as proposed and described by the Applicant, and shown on the [undated] floor plans drawn and stamped by Angel B. Chomo, architect, and labeled Nancy Conlon Residence, Huntington Boulevard, Southold, NY. Additionally, the applicant requests an area variance from §280-13(B)(I 3)(e) to permit an accessory apartment in an accessory structure with living floor area on two floors instead of the one floor prescribed in the Town Code. PROPERTY FACTS/DESCRIPTION: The subject property is 11,887+/-square feet with 90 feet along Huntington Blvd in the hamlet of Peconic and is a pre-existing nonconforming lot located in the R-40 zone. The property is improved with a single-family two story residence and a two story accessory structure as shown on the revised Sept. 3, 2010 survey drawn by Nathan Taft Corwin III, Land Surveyor. The accessory structure does not have a certificate of occupancy or a pre-existing certificate of occupancy. FINDINGS OF FACT: The applicant contends that the purported accessory structure presently on site was built prior to 1957 and is a pre-existing non-conforming structure that would have been eligible for a pre-existing certificate of occupancy prior to January 1, 2008. However, the Zoning Inspector has indicated in a memorandum dated October 20, 2010 to the ZBA, upon his review of the building permit history, that the accessory structure was not in existence and eligible for or had a valid certificate of occupancy issued prior to January 1, 2008. From the record, it appears, and the applicant has acknowledged, that the accessory structure was utilized by the applicant as a dwelling unit while the primary residence on the premises was being constructed. The applicant has represented that at the time she purchased the property in May 2003, Page 2 - December 2, 2010 ZBA File#6419 - Conlon CTM: 1000-67-4-8 the accessory structure had been a dwelling unit, that was incomplete and that she had completed the renovation of the structure to make it livable. No building permit was ever issued for any alteration, renovation, or demolition and reconstruction of the accessory structure. From the testimony on the record, prior to the applicant's purchase of the property, the primary residence had burnt down to the foundation. On March 13, 2006, the Building Department issued building permit #31842Z for the construction of a new single family dwelling on the property, subject to the Zoning Board of Appeals review and approval of the use of the accessory structure. On May 11, 2007, a Notice of Disapproval was also issued for the accessory second dwelling unit, applied for as a "pool house" (though the survey did not indicate that there is a pool on the property) and was determined by the building department to be living quarters additionally, the Building Department noted that the accessory was a second dwelling and that it required a height variance and certain setback variances. It appears that prior to construction of the principal single family dwelling on the premises, the accessory dwelling unit use was not an issue, though it may have required certain variances from the dimensional requirements of the code. It was only upon the construction and completion of the single family dwelling that the accessory dwelling unit became illegal, thereby necessitating review by this Board of the intended use. The applicant did not appear before this Board to legalize the accessory dwelling unit on the property prior to commencing construction of the principal dwelling. At that time and up and until June 2010, there was no provision of the Town Code that would have permitted a second dwelling unit on a residential property without a use variance from this Board. As such, the Building Department could not issue a certificate of occupancy for either structure on the premises. In August of 2009, nearly three years after the applicant had completed construction of the single family residence and continued the use of the second dwelling unit on the property, the Zoning Inspector issued the applicant an appearance ticket for a non-permitted use on the property; i.e. that of a second dwelling unit. On June 15, 2010, the Town Board adopted Local Law #2 of 2010 entitled "a Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation District and Low Density residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments. The purpose of this law was to "provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold." This legislation, among other things, permits an accessory apartment in certain accessory structures with a special permit from this Board. The applicant proposes to legalize the existing accessory second dwelling unit under this new legislation. REASONS FOR BOARD ACTION DESCRIBED BELOW: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant does not comply with all of the requirements for the reasons noted below: The entire accessory building is proposed to be utilized for the apartment Pursuant to §280-13(B)(13), one accessory apartment in a lawfully existing detached accessory garage, barn or storage building, is allowed with special exception approval of this Board. As is clear from this language, the accessory apartment can not be the only and primary use of the accessory structure, but a use in conjunction with a permitted accessory garage, barn or storage building. As proposed, this application presents a request for an approval of a second dwelling unit on the property that would require a use variance, as opposed to a special permit for an accessory apartment within and in conjunction with a lawfully existing accessory structure. Page 3 - December 2, 2010 ZBA Fi1¢#6419 - Conlon CTM: 1000-67-4-8 The existing accessory structure does not meet the minimum square footage of livable floor area on one floor, as required by the code The applicant submitted floor plans, drawn and stamped by architect Angel B. Chorno, of the as built accessory structure with calculations of livable floor areas showing 3 bedrooms (one labeled studio) and a full bathroom on the second floor at 276.4 square feet, and a kitchen, living/dining room and stairs on the first floor at 366 square feet. To create an accessory apartment in an accessory structure, the code requires a minimum of 450 sq. ii. and permits a maximum of 750 sq. fi. of livable floor area on one floor. The applicant does not meet this minimum standard and cannot do so without the expansion of the existing accessory structure, whereas the intent of the code is to permit the creation of an accessory apartment in a portion of a lawfully existing accessory structure. Had the Town Board intended to permit additions to existing accessory structures in order to create a code conforming accessory apartment, they would have expressly included the right to expand the foundation or construct a second story for that purpose, as was done in the code relating to accessory apartments in principal dwellings. The Applicant failed to submit sufficient proof that the present structure was in existence and eligible for a valid certificate of occupancy issued prior to January 1~ 2008. Section 280-13(B)(f) requires that: The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. To satisfy this special exception requirement an applicant can either provide a certificate of occupancy dated prior to January 1, 2008 for the accessory structure or show that the structure existed and was eligible for a certificate of occupancy prior to January 1, 2008. The applicant acknowledged that it never had a certificate of occupancy for the accessory structure and argued that the structure was in existence and eligible for a pre-existing certificate of occupancy prior to January 1, 2008 and that it was a preexisting nonconforming structure. The applicant presented the following information to the Board in support of this contention: 1. Statements made by the applicant's representative that the existing structure was a second dwelling when the property was owned by the Pemberton Family and the painter Sherill "Rip" Pemberton used the accessory structure as a studio and a second dwelling. 2. On the special permit application the applicant notes the following: "Eligible for preexisting structure CO (Building Department Required application to ZBA if habitable structure remained). Prior to change to law dwelling would have to be converted to storage building or connected to main house. 3. A letter from Ed Reilly, a neighboring property owners stating that he knew Sherill Pemberton and that the dwelling in question existed before they purchased their property and still stands today as it did when he purchased his property; the prior owner used it for his business and it had electricity, water and heat and that his family used it too. 4. A letter from Helen Booth, a resident of the neighborhood acknowledging the existence of a dwelling on the property. 5. An affidavit of Marilyn Hofmann, stating that as far back as she could remember and certainly, prior to 1957, the same two story accessory structure has been present on the property. 6. An affidavit of Barbara Terranova stating that the same two story structure existed on the property prior to the enactment of zoning in 1957. 7. A letter from Robert Busby stating that the building remains the same as it was when he purchased his property and that he had been coming to the area as summer guests since Page 4 - December 2, 20[0 ZBA File~6419 - Conion CTM: 1000-67-4-8 1983. That the structure remained unchanged since 1983. That when the Pemberton's lived on the premises the accessory structure had lights, water and heat. The subsequent owners, the Hildreths lived there full time with full amenities. 8. The property tax card kept by the Town assessor's office notes a 2-story garage and an affidavit of Darlene Duffy, Town Assessor, indicating that the garage was first assessed in 1961 and that it existed prior to January 1, 2008. 9. At the public hearing the Applicant submitted several articles on the artist Sherrill "Rip" Pemberton 10. Photos of what the structure looks like presently. 1 I. Testimony that the structure was there in 2003 when the applicant purchased the house. Additionally, the record includes a survey that was submitted to the Department of Health, dated June, 19, 2000 that notes that the structure was a "2-story concrete block garage" the tax assessment card notes that the accessory structure was a garage, as opposed to a second dwelling unit on the property. From the information above, it is clear that there may have been a garage structure with electricity and heat on the property for many years, however, the applicant provided no information that proved with any certainty that the concrete block garage that may have existed in 1957 i~ the structure that presently sits on the property nor that the concrete block garage was utilized as a second dwelling on the property since 1957. The record indicates with present photographs of what looks like a second house on the property, and clearly a structure that would not qualify as a concrete block garage. At the very least this Board can decipher that major renovations/alterations were made to the garage structure that had been erected prior to 1957, which may have triggered the loss of the structure's preexisting nonconforming status. Since the applicant and her predecessor in title commenced and completed this work without the benefit of a building permit, there is no indication in the Town files, nor the information provided by the applicant, as to exactly what was done to this structure. The applicant failed to provide any information (i.e. building plans showing exactly what modifications were made or expert testimony from members of the construction field that could attest that the foundation/walls had not significantly changed, other than general statements made by the applicant's representative and/or the applicant herself (who admitted that she continued the renovations without a building permit at~er purchasing the property in 2003). Unfortunately the affidavits of neighboring property owners regarding the structure are immaterial; since laypersons are not qualified to testify as to the extent of the modifications made to the concrete block garage structure. As such, the Applicant failed to submit sufficient proof that the present structure was in existence and eligible for a valid certificate of occupancy issued prior to January 1, 2008. The applicant's request for an "area" variance to §280-13(B)(13)(e) to permit an accessory apartment in an accessory structure with living floor area on two floors instead of the one floor The applicant has also requested that this Board grant an "area" variance from §280-13(B)(13)(e) of the accessory apartment special exception provisions of the Town Code, which reads as follows: The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. This language, in conjunction with the introductory language of §280-13(B)(13), which permits an accessory apartment in a detached accessory garage, barn or storage building, clearly memorialize the Town Board's intent to limit the size and scope of an accessory apartment to be accessory to some other use and not the only use of an accessory building, hence the use of the term "accessory apartment". If that were the case, the Town Board would have simply permitted "accessory cottages" as a special exception use. Instead, these two paragraphs read together illustrate that the Town Board did not intend to permit accessory structures in their entirety to be utilized as accessory structures, but that such structures would be limited in size and limited to one-story of an existing accessory structure. In this instance, permitting an accessory apartment to utilize two stories of an accessory structure is in direct contravention of this language and the intent of the Town Board. In this context, the restriction is not simply a dimensional requirement that can be varied through an area variance, but a restriction on the use of an accessory Page 5 - December 2, 2010 ZBA Fileg6419 - Conlon CTM: 1000-67-4-8 structure that would require a use variance as a second dwelling on the subject property. Furthermore, while the applicant has requested an area variance from this section of the Code, the applicant has failed to present any proof or testimony for this Board to consider under the statutory criteria set forth in Town Law {}267 and has therefore not met its burden of illustrating that an area variance is warranted. RESOLUTION OF THE BOARD: On motion by Member Homing, seconded by Member Schneider, it was RESOLVED, to DENY, a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for 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 minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, Homing, Schneider. This Resolution was duly adopted (5-0). ~ e~Kan'e/!eisman, Chairperson Approved for filing/t~ hg/~/2010 Town Hall Annex 54375 Mare Road P.O. Box 1179 Sout]~old, NY 11971-0959 1½11II J)ING 1)EPARTMI~;NT TOWN OF $OUTHOLD Telephone (631) 765-1802 Fax (631) 765-9302 RECEIVED OCT 2 0201n BOARD OF APPEALS MEMORANDUM To: Southold Town Zoning Board of Appeals r ~.,,~ From: Damon Rallis, Zoning Inspector, Southold Building Depa Date: October 20, 2010 Re: Conlon (310 Huntington Blvd. SCTM# 1000-67-4-8) Special Exception Application Per your request, I have investigated the history of the above referenced property in an attempt to answer specifically the question of whether the accessory building in question had a valid certificate of occupancy prior to January 1, 2008 and whether or not it was eligible for a certificate of occupancy prior to that date. My research revealed the following: There have been no pre-existing certificates of occupancy issued for this property. On March 13, 2006, a building permit (#31842Z) was issued for the construction of a new single family dwelling on the property. Around the same time, a Notice of Disapproval was issued for the accessory building, applied for as a "pool house" and determined by the building department to be "living quarters. The building permit reads specifically, "Construction of a new single family dwelling-modular, with garage under, front porch and rear deck, subject to ZBA variance for accessory." Following all inspections related to the construction of the new dwelling, the building department sent a notice to the applicant expressing the fact that no certificate of occupancy could be issued for the house until the accessory structure has been legalized. To date, it has not been legalized and the house has not been issued a certificate of occupancy. There~re: - The accessory structure has no certificate of occupancy, norhas it ever had one. - The house has no certificate of occupancy, nor has it ever had one. - Neither building was eligible for a certificate of occupancy prior to January 1, 2008, nor has it ever been eligible. Thank you. SODHS WASTEWATER HGT PAGE 02/02 DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIV~ JAMES L. TOMARKEN, MD MSW, MPH, MBA, FRCPC, FACP Commissioner CERTIFIED MAIL - RETURN RECEIPT September 24, 2010 Nancy Conlen PO Box 54 Pcconic, NY 11958 RECEIVED SEP 2 4 BOARD OF APPEALS RE: Residential property on the east side of Huntington Blvd. Health Dept. Ref. No.: R 10h054)071 S.C.T.M.: 1000-67~-8 Dear Madam: An inspection on or about September 23, 2010 by a representative of this department revealed that occupancy cfa house and an illegal apartment and use cfa sewage disposal system at the above referenced facility has begun without benefit of proper approval/pertrdts(s) from this Department. This is a vioJation of Articles 5, 6, and 7 of the Suffolk County Sanitary Code, which prohibits thc occupancy of any building unless Department approval has been obtained for the existing or proposed water mgply and ~ewage disposal facilities. Based tm information received from the Town, it also appears that the total bedroom count of these two structures exceed the capacity of the existing sanitary system. Please submit a site plan/survey proposing to upgrade the sanitary system to accoi,~,odate $ bedrooms. Please take note that this illegal occupancy will be grounds for this office to initiate formal proneedings for the alleged violation(s). You are hereby instructed to contact this office with regard to fulfilling the requirements of the Suffolk County Sanitary Code; [] Requirements of the Order on Consent to follow under separate covert [] An application for an Accessory Apartment constructioa approval, form W-WIVI-105 enclosed [] Completion of the "Application Requirements For Sewage Disposal ]Facilities and Water Supply Systems For Single Family Dwelli~ags" [] Permit renewal fee of $70.00 as well as renewal applicatio~ for expired permit. Town of Southold Building Department Walter Hilbert, P.E., WWM  DIVISION OF ENVIRONMENTAL QUALITY Office of Wastewater Managemerff · 360 Yaphank Avenue, Suite 2C, Yaphenk NY 11980 ~,~le~ea..'th(631) 852-5700 Fax (631) 852-5755 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 20, 2010 Suffolk County Department of Health Services Office of Wastewater Management 360 Yaphank Ave., Suite 2C Yaphank, NY 11980 Attn: John DiGiuseppi RE: Health Dept. Permit #R10-05-0071 Dear Mr. DiGiuseppi: The Zoning Board of Appeals has received an application for an accessory apartment in the structure labeled garage on the enclosed survey last revised Feb. 9, 2006 prepared by Joseph A. Ingegno, L.S. The Health Dept. approved construction of a septic system for a proposed house and noted on the approved survey, "no bedrooms or living quarters allowed in garage". We have been advised by the Building department, no Certificate of Occupancy has been issued for the house. They further stated both the house and garage are occupied. The Zoning Board is requesting comments from the Health department regarding the application submitted to us for an accessory apartment in the garage. If you require further information, please call our office. Sincerel~rTx Vicki Toth Board Assistant Eric. HOLE DA TA (TEST HOLE DUC BY McDONALD GEOSCIENCF ON DECEMBER 6, 2005) SURVEY OF LOTS 86 & 87 MAP No. 2 OF PECONIC SHORES FILE No. 654 FILED SEPTEMBER 15, t950 SITUATED AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK x .~-C. TAX No. 1000-67-04-08 ~~ SCALE 1"=20' ~¢~ ~u.[ ~g, 2000 ~ AREA = 1 t,886.89 sq. ff. ~RTIFIED TO: FIRST AMERICAN TITLE INSUEANCE COMPANY OF N~W YORK PECONIC A~TRACT, Inc. REFERENCED TO 1929 N.G.V.D. DATUM ELEVATIONS ARE SHOWN THUS: !~Lo LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 5. OLD SEPTIC SYSTEM TO BE ABANDONED ANO EITHER ROMOVED OR FILLED WITH CLEAN SAND AS PER S.C.D.H.S. SPECIFICATIONS. L; A. Ingegno Surveyor PHON~ (~tl)727-20~0 Fox (6.~1)727-1727 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Application No. Date Filed: RECEIVED A J6 2 0 OiO BOARD OF APPEALS TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s), NANCY CONLON C/O Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 of Parcel Location: House No. 310 Street HUNTINGTON BOULEVARD Hamlet PECONIC SCTM 1000 Section 67 Block 04 Lot(s)_ 08 Lot Size 11,886.89 SQ.FT. District R-40 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE I11, SECTION 280-13 (B) , SUBSECTION 13 for the following uses and purposes (project description): ACCESSORY APARTMENT IN EXISTING ACCESSORY BUILDING. as shown on the attached survey and/or site plan drawn to scale, and the attached floor plan(s) drawn to scale. Statement of Ownership and Interest: NANCY CONLON is (are) the owner(s) of property known and referred to as 310 HUNTINGTON BOULEVARD, PECONIC NY 11958 (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 67., Block_ .. on the attached deed. 04 , Lot 0~8,andshown The above-described property was acquired by the owner on 5/8/03 The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to properly or persons in the neighborhood for the following reasons: The existing structure was a second dwelling when the property was owned by the Pemberton family and the painter Sherill "Rip" Pemberton who used it as both his studio and a second dwelling. The front house burned down, prior to Mrs. Conlon's purchase of the property, and a new house was constructed in 2006. The accessory structure has cultural significance due to the Pemberton studio and homestead, the family wishes to retain the living space for family or affordable rental. The surrounding neighbors have provided support letters, the existing structure is well maintained and aesthetically conforms to the neighborhood. The property is a double lot in the Peconic Shores subdivision and the accessory apartment would allow the continued use of an existing building which has historically been used as living space. · ,~ RECEIVED ADDITIONAL DOCUMENTS ATTACHED: 1. Existing Conditions Survey (enclosed) BOARD OF APPEALS 2. Photograph of the Existing Accessory Structure & Principal Dwelling (enclosed) 3. Letter from Neighbors regarding pre-existing use of structure: Ed Reilly, Helen Booth, Robert & Anite Busby 4. Subdivision Map of Peconic Shores filed Map No. 654 filed September 15, 1930 ( Lots 86 & 87) In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located in the accessory building. YES 2. The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owners' principal residence. ]'he other dwelling unit shall be occupied by a family member or a resident who is currently on the Town of Southold Affordable Housing registry and is eligible for placement, evidenced by a written lease for a term of one or more years. YES (FAMILY- Mrs. Conlon has three adult children) or Affordable 3. The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. YES 4. The accessory apartment shall not exceed 750 sq. ft. of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. ONLY ONE BATHROOM (EXISTING BATHROOM ON SECOND FLOOR), EXISTING LIVING SPACE AND KITCHEN ON FIRST FLOOR WOULD MAKE SPACE MORE COMFORTABLE TO OCCUPANT OF ACCESSORY APARTMENT. ALLOCATION OF LIVING SPACE CAN BE DISCUSSED AT HEARING, THE EXISTING SPACE 1S FLEXIBLE AND LIVING SPACE COULD BE LIMITED TO 750 SQ. FT. SQUARE FOOTAGE OF LIVING SPACE PROVIDED FOR DISCUSSION. 5. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached survey and/or site plan drawn to scale. (9' X 18') ROOM FOR 3 VEHICLES IN PARKING AREA SHOWN ON SURVEY 6. Not more than one (I) accessory apartment shall be permitted on this parcel. YES 7. No Bed and Breakfast facilities, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. NO B&B 8. The accessory apartment will meet the requirements of an apartment as defined in Section 280-4 of the Zoning Code. YES 9. This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. YES 10. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008, and is attached hereto. ELIGIBLE FOR PREEXISTING STRUCTURE CO (BUILDING DEPARTMENT REQUIRED APPLICATION TO ZBA IF HABITABLE STRUCTURE REMAINED). PRIOR TO CHANGE TO LAW DWELLING WOULD HAVE TO BE CONVERTED TO STORAGE BUILDING OR CONNECTED TO MAIN HOUSE 11. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. PRE-EXISTING STRUCTURE- ONLY INTERIOR MODIFICATIONS/USE 12. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. Thc property which is the subject of this application is zoned R-40 and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [ X ] has changed or received additional building permits and Certificates of Occupancy for these changes, which are at~ached or will be furnished. Since prior to zoning, the property contained a single family residence and accessory building with living space. The original principal residence burned down in 2001 and a building permit (#28491) was issued to Hildreth (prior owner) to reconstruct the principal dwelling. He had financial difficulty and could not get a loan to rebuild the house. He sold to Conlon, Mrs. Conlon lived in the accessory building (which had the existing bathroom & Kitchen) and a new building permit for the principal dwelling was issued in 2006. The accessory structure was built prior to zoning and was used as a residence by all the owners of the property. The living space is existing and this application is for a special exception to allow continued use of the living space as an accessory apartment for Mrs. Conlon's children with Mrs. Conlon in the principal dwelling. [ ] has been subject of a prior ZBA decision(s), copies are attached. (NO FR1OR VARIANCES) O~ner Signa~e COUNTY OF SUFFOLK) STATE OF NEW YORK) Sworn to before me this -20 day of ~-(~/ p~,TRICIA C. MOORE Notarv Public. State of New York Suffoil; County - No. 486166.~8,~, Commission Expires June 16,~-~.7 RECEIVED BOARD OF APPEALs SURVEY OF LOTS 86 & 87 MAp No. 2 OF PECONIC SHORES FILE No. 654 FILED SEPTEMBER 15, 1930 ,~ITUA TED A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-67-04-08 SCALE 1"=20' JUNE 19, 2000 AREA = 11,886.89 sq. ff. 0.273 oc. CERTIFIED TO: FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK PECONIC ABSTRACT, Inc. NANCY CONLON ~ AUG 2 0 2010 BOARD OF APPEALS ' '" eph A. Ingegno Land Surveyor PHONE (651)727-2090 Fox (85~)727-1727 TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 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 RECEIVED AUG 0 2010 BOARD OF APPEALS *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, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted this ~ day of / Signature: ~ ~ Print Name:_ ~t ?kv~F_~ Signatur~~l/~l~ Print Name: Patricia C. Moore Esq. RECEIVED AUG 2 0 2010 BOARD OF APPEALS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631 ) 765-4330 Fax: (631) 765~4643 August 20, 2010 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand AUG 2 0 20 0 BOARD OF APPEALS Re: Nancy Conlon Accessory Apartment in Accessory Building Dear Ms. Weisman and Board: Enclosed please find the following: 1. Application with client Authorization for Special Exception for Accessory Apartment in Accessory Building. 2. Client's check for application fee 3. Property card which shows 2003 photograph of existing accessory structure (built prior to zoning and would be eligible for a pre-co) and former principal dwelling which burned down in 2001 (building permits issued in 2002 and 2006) 4. Building permit for existing dwelling (C.O. waiting for ZBA action on use of accessory structure) 5. Subdivision Map of Peconic Shores 6. Copy of owner's deed 7. Floor plan and square footage of living space. Applicant requests variance to retain existing living space on two floors with one bathroom and bedrooms on second floor and kitchen/living Room & Dining Room on first floor 8. Disclosure Form 9. Survey with parking spaces sho%rn 10. Photograph of existing structures 11. Neighbor's letters of support - Helen Booth's family owned a local dairy farm and she delivered milk to the house in the 1950's Thank you for your continued courtesies. ~atricia C. Moore Nancy Conlon 310 Huntington Blvd. Peconic NY 11958 August 20, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Nancy Conlon, authorize you to make any and all applications and appear on our behalf to the Town of Southold Zoning Board of Appeals, and any other necessary agencies on our behalf regarding properties located at 310 Huntington Blvd, Peconic, New York (sctm: 1000- 67-4-8) RECEIVED AUG ~ 0 2010 BOARD OF APPEAI.~; ISSUED TO, notice must b RECEI'VED AUG 2 0 2010 BOARD OF APPEALS ACTS (INDIVIDUAl, OR C~ORPORATION) STANDARD NYBTU FORM RECEIVED AUG 2 0 2010 BOARD OF ApPeALS STA'fS OP NF.W~ } COUI~'Y OF 5UFFOIJ~ ) HILI~OR.RTitt Cu4m~ ~'Tmm SUFFOLK RECEIVED AUG ~ 0 2010 BOARD OF APPEALS CONLON RECEIVED BOARD OF APPEALS ~o&room 2 .:=%7G- '4 5i ,--r-. RECEIVED AUG 2 0 2B10 BOARD OF APPEALS AUG 2, 0 Z010 --'--- BOARD OF APPEALS ~ ACCESSORY APARTMENT AT 1::4 ~,,: NANCY CONLON ~SmENCE ~.. +~..]~} ~T~GTON BOULEVA~  SOUTHOLD, N.Y. AUG ~ 0 ~ BOARD OF APPEAL'~ ~i~'~'~I'~ I ACCESSORY APARTMENT AT 'lx?.~,..: [ NANCY CONLON RESYDENCE ~'~"~ %~?'4( ' HUNTINGTON BOULEVARD /,~' 'Yj~t~ SOUTH OLD, N.Y. BOARD OF APPEALS 4" 5 I, O.Ar O PECONIC 0 ~EP 15 1930 249 August 15, 2009 To Whom This May Concern: The presem residence of Nancy Conlon, 310 Huntington Blvd., Peconic faced west from my back yard on Burtis Place. My wife and I knew the painter and sign maker, Sherill "Rip" Pemberton as neighbors. The dwelling in question existed before we bought our property and still stands today as it did when we moved to our cottage. Rip used it for his business and it had electricity, water and heat. His family used it too. Please feel free to contact me at 516-993-9477 if you have any questions. Since[e~ly, _ ~ , / Ed Reilly ) BOARD OF APPEALS BOARD OF APPEALS August 16,2009 405 Fasbender Ave. Peconic, NY 11958 To the Town of Southold: I acknowledge the existence of the dwelling at 310 Huntington Blvd., Peconic for many years, from my youth until today. Since I have lived in Peconic for my entire life and specifically been a resident in this neighborhood , I am well aware of the structures. Please contact me if you have any question at 631-765-3917. Thank you, Helen Booth AUG 2 0 2010 BOARD OF APPEALS August 16,2009 To Whom This May Concern: As the present owner of the house that is directly in back of the dwelling in question which borders my back yard, ( 310 Huntington Blvd. ) I am writing to say that the building remains the same as it was when we purchased our cottage on Burtis Place. We have been coming as summer guests since 1983 to our present location and since refurbished our cottage. The Conlon structure that borders ours has gone unchanged. When Mr. Pemberton lived there, there were lights, hence eleclxicity, water and heat. The subsequent owners, the Hildreths lived there full time with full amenities. If you have any questions, please contact me at 631-765-1768. Sincerely, Robert Busby Burtis Place Peconic, NY 11958 RECEIVED AUG 2 0201rJ BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY VILLAGE RECORD CARD~>::,~z:~ .... /~-:~ DISTRICT SUB. LOT ~.f'~, 4- eOT 4~r?y V,L "/-d ~J ~z:JJ~, 'f jl i~ ACREAGE FORME~ OWNER .... , _ iN E ~f/ TYPE OF BUILDING IMP. . . / - /. · : ~'" J: ' :~h~,-/~;./~ e~A~'r~-~ ~-,':, Value Per Acre ~ Value ~ ~'- /'7' ~ ~ :' ~66 _~,po ~-~ ~o~< AGE NEW NORMAL F~rm Acre Tilloble 1 Tillable 2 Tillable 3 Woodland Swampland Brushland Ho. use Plot 67-4-8 10/03 ' Basement I Floors Extension ~ ~ , _ Extension , ../~-- · , t ~ / Ext. Wolls ,.. · ~ . Interior Finish  ~ ~/ He~ Extensi~ Fire Place ~ / ' ~) I , ~ - 1 ...... ~ ~ ..... ~'~ ~l.l/~L- Porch Attic ~ x~ , ,h '~' ~ Porch Rooms 1st Flor Breezeway ~ . Patio Rooms 2nd Floor Garage ) ~ '., '; ~ ~ / ~_..~ ~rweway M. Bldc Extension Extension Garage ~-F~undation Basement Ext. Walls ..... ~Y" Bath Fire Place Porch Porch Patio veway Floors Interior Finish Hem Attic Rooms 1st Floor Rooms 2nd Floor Extension Extension Breezeway Garage O.B. Ext. Walls ,~,-,. f.~ ,,g ? Fire Place Porch Patio Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Feux (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 25, 2010 Zoning Appeal No. 6419 Transmitted herewith is Zoning Appeals No. 6419 of Patricia Moore for Nancy Conlon - the Application to thc Southold Town Zoning Board of Appeals for Special Exception Accessory Apartment in an Accessory Building, Transactional Disclosure Form, Cover Letter from Patricia C. Moore Dated August 20, 2010, Authorization Letter from Nancy Cordon to Patricia C. Moore to Represent her in this Matter, Copy of Building Permit #31842, 3 Pages of the Dccd Between Elizabeth D & Harvey W. Hildrcth to Nancy Cordon, Detailed Square Footage of Accessory Apartment, First & Second Floor Plans for Apartment Prepared by Angel B Chomo, One Page of Photos of Property as it Exists, Three Letters from Mr. Rcilly, Ms. Booth and Mr. Busby Acknowledging thc Pre-Existents of the Accessory Building, Four Pages of Property Record Cards, 2 Pages of Map of Pcconic Shores Showing Property Prepared by Jesse W. Wells Surveyor, Copy of Survey Showing Property as it Exists Dated February 27, 2007 Prepared by Joseph Ingcgno Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 08/25/10 * * * RECEIPT * * * Receipl~: 90922 Transaction(s): 1 1 Application Fees Reference Subtotal 6419 $400.00 Check#: 4064 Total Paid: $400,00 Name: Clerk ID: Conlon, Nancy 310 Huntington Blvd Po Box 54 Peconic, NY 11958 CAROLH Internal ID: 6419 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 67/? S1¥34dV dO Q~¥Og RECEIVED Q3AI333~ BOARD OF APPEALS October 28, 2010 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand Re: Nancy Conlon Accessory Apartment in Accessory Building Date of Hearing: October 21, 2010 Dear Ms. Weisman and Board: With reference to the above, enclosed please an original and five copies of my letter in response to Damon Rallis' memorandum together with Post Hearing Memorandum. Please make this part of the file to assist you in rendering your decision. Thank you. k~ricia C. Moore PCM/bp encls. C: Southold Town Attorney Nancy Conlon PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 I) 765-4330 Fax: (63 l) 765-4643 RECEIVED BOARD OF APPEALs October 28, 2010 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand Re: Nancy Conlon Accessory Apartment in Accessory Building Dear Ms. Weisman and Board: After careful reading of the memo from Damon Rallis which I received during the hearing I wish to correct his research and provide additional information with respect to different applications filed in an attempt to legalize the interior use of the pre-existing accessory structure. Damon Rallis should have answered the following question: Is the accessory structure which is proposed to be converted to permit an accessory apartment "in existence and be eligible for or have a valid certificate of occupancy issued prior to January l, 2008". There is no certificates of occupancy issued for this property because the structure was constructed prior to zoning and is eligible for a pre-C.O. The Accessory Apartment Law merely asks the Board to note that the structure would have been entitled to a c.o (or a pre-c.o) for the accessory structure prior to January 1, 2008. The intent of the law is to re-use existing structures built prior to January 1, 2008. Mrs. Conlon testified at the hearing that prior to purchasing the property her attorney correctly advised her that there was no legal requirement to have a pre-existing certificate of occupancy and that it was apparent from the Town records the structure was constructed prior to zoning. This is also confirmed from the three affidavits provided with this submission. Both Barbara Terranova and Marily Hoffman have personal knowledge that the structure was constructed prior to zoning and Darline Duffy, Town Assessor, states that the structure was in existence on the property in 1961, when the Town of Southold began documenting structures on Town property cards for Tax Assessments. Once the structure is determined to be ~'in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008" the inquiry ends. The permit history of the property is also evidence that the accessory structure was Kin existence prior to January 1, 2008". Mr. Rallis provides an incomplete permit history to the Board because he failed to point out that in 2002 building permit #28491 was issue to the prior owner Mr. Hildreth to make ~'alterations and additions" to the main dwelling. Mr Hildreth demolished the main dwelling with only the existing foundation remaining. Mr. Hildreth had made the accessory structure comfortable so that he could live in the accessory structure while the building permit was open and, upon information and belief, without objection from the building department. The building permit was still open when Mrs. Conlon purchased the property in 2002 and she continued with the renovations for the accessory structure started by Mr. Hildreth. She continued to live in the accessory structure. The Building Department will generally allow the property owner to live on the premises if there is a suitable structure, either an existing structure or a trailer, with the expectation that upon completion of the house the owner must convert the accessory structure to a non-dwelling use. In the Conlon's case the accessory structure was already habitable, a safe and suitable structure, but upon completion of the house the accessory structure had to be converted to a non-dwelling use. In 2003 Mrs. Conlon under Building Permit 29565 obtained a permit to "demolish the existing foundation" of the main dwelling. Mrs. Conlon demolished the foundation, however, the accessory structure remained. As further evidence that the accessory structure existed prior to January 1, 2008, Mrs. Conlon was issued building permit #31842Z in 2006 which permit stated: "Construction of a new single family dwelling- modular, with garage under, front porch and rear deck, subject to ZBA variances for accessory". The building department allowed her to continue to live in accessory structure, during construction, however she was advised that she would require action of the ZBA. The bulding department advised Mrs. Conlon that if she wished to keep the accessory structure as habitable space she would require ZBA action. The building permit of the new house has been renewed and remains open but the certificate of occupancy will not be issued until the use of the accessory structure is determined. The accessory structure was a significant investment and added value to the property. Mrs. Conlon considered various alternative uses to the existing building. I have prepared the applications required to preserve the accessory structure so I am personally familiar with her efforts to find a suitable and acceptable use of the accessory structure. The adoption of the accessory apartment law, we hoped, would address the personal circumstances of the Conlon family and preserve a safe and beautiful living space for young people who currently work and live in the Town of Southold but can not afford to live independently. The applications which would have been eligible for a certificate of occupancy prior to January 1, 2008, and made prior to the adoption of the accessory apartment law, are as follows: On September 13, 2006 Pat Conklin issued a ~notice of disapproval" for a ~studio". About this time the building department required ZBA approval for "studios" but the Zoning Board did not permit use of accessory structures for "studio". This application was discontinued. In April 2007 Nancy Conlon made an application to the building department to convert the existing accessory structure to a pool house. A notice of disapproval was issued on May 11, 2007. I prepared an application to the Zoning Board of Appeals for a pool house, however, after meeting with multiple pool contractors Mrs. Conlon could not afford a pool so the application was not filed with the ZBA. Personal circumstances interfered with her completion of the house and applications to preserve the improvements to the accessory structure. In July 31, 2009 Mrs. Conlon while at work fell and had two severe knee injuries. She had two knee operations, one knee was replaced and the other ACL repair. One and one-half years of physical therapy followed. She was out of work for 188 days and had to fight with workers comp to pay her medical bills. In 2010 Damon Rallis initiated Town Code summons, however, the notices were sent to an unknown address at 245 First Street, Cutchogue. When Damon Rallis appeared at her door she immediately addressed the complaint. We agreed in Court to diligently pursue the application before you. The final plan to preserve the existing structure for her family is to connect the structure to the dwelling. Prior to adoption of the accessory apartment law, Mrs. Conlon had her architect prepared plans to connect the accessory structure to the dwelling with a heated underground corridor. The heated connection was proposed underground to preserve the exterior conditions of the property. The connection of the two structures preserves most of the improvements in the accessory structure. This remains an expensive alternative to maintain the accessory structure as habitable space (not an "accessory apartment"). However, this application is not necessary if the accessory apartment use in the accessory structure is granted. The accessory apartment law is exactly what she prayed for to keep her family together and provide independent living space for her children. The Building Department would not permit Mrs. Conlon to use the inside of this structure for more than a garage or storage without approval from the Zoning Board of Appeals. The building itself pre-dates zoning and the Assessors list the structure as ~two story" garage. At minimum, since 1961 the accessory building would have been eligible for a certificate of occupancy prior to January 1, 2008 as "two story garage or storage building". Neighbor's affidavits prove that the structure pre-dates zoning. Therefore, correcting Mr. Rallis's memo to the Board, this accessory structure existed prior to zoning and, throughout the years, would have been eligible to receive a certificate of occupancy prior to January 1, 2008. Thank you for your continued courtesies. truly yours, RE: NANCY CONLON ZBA # 6419 POST HEARING MEMORANDUM ISSUE 1: May the Zoning Board issue Variances from the Special Exception Conditions? According to the New York Court of Appeals the answer is YES. ISSUE 2: Does the Conlon accessory structure satisfy the requirements of 280-13? Yes, the Conlon accessory structure was eligible for a Certificate of Occupancy (or Pre-CO) prior to 2008. Also enclosed is my response to Damon Rallis's memo. ISSUE 3: If all the living space must be located on one floor (because the ZBA will not grant a variance from the single floor condition) then may the applicant expand the accessory structure to provide the minimum livable floor area?. YES, under the same procedures as an expansion to a preexisting nonconforming structure. FACTS: The Town Board adopted Local Law No. 2 of 2010 to provide an opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. Nancy Conlon has three young adult children. All three children are single, live at home, and are in graduate school. All three adult children are now working and living in the Town of Southold. All three children wish to remain in the Town of Southold. Two out of the three children are hoping to teach in the schools in the Town of Southold. It is also the intent of the local law to increase compliance with building and fire codes, property maintenance, preserve property values and the health, safety and welfare of the community. In the Conlon's case, the accessory structure was used as a dwelling prior to January 1, 2008 (the structure itself was constructed prior to zoning). An application has been filed to allow an apartment to be created in a presently existing accessory structure pursuant to § 280-13B(13). ISSUE 1: May the Zoning Board issue Variances from the Special Exception Condition that all the living space of the accessory apartment be located on one floor? The Code at 280-13 states: One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. The Court of Appeals, has stated that "Town Law § 274ob (3) vests in a ZBA the authority to grant an area variance from any requirement in a zoning regulation, includim, reauirements for issuance of special use permits" Matter of Real Holding Corp. V. Lehigh, 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438 (2004). EXHIBIT A. The Court of Appeals held that town zoning board had authority to grant area variances from any requirement in a zoning regulation, including requirements for issuance of special use permits, and thus could grant area variances from zoning requirements for special use permit that gas filling station be located a specified number of feet from residential areas and from other filling stations. By example, distance standards in a town zoning code specifying how many feet had to separate gas filling station from residentially zoned areas and other filling stations, were "dimensional or physical requirements" subject to area variance relief under state's Town Law. McKinney's Town Law § 267, subd. l(b). Similarly, with the Accessory Apartment Law 280-13 (B) (13), the square footage of the living space and the location of the living space on one floor within the accessory structure are dimensional or physical requirements. The Zoning Board may grant area variances from the dimensional or physical requirements in the Special Permit. The existing accessory structure contains existing living space on both floors. There would be no need to change the structure at all. The existing accessory structure contains existing living space which is less than 750 sq.fl. Only the location of the living space within the building requires a variance from the code. The Zoning Board has the legal authority to consider and grant this variance. ISSUE 2: Does the Conlon accessory structure satisfy the requirements of 280-137 The Code at 280-13 (f) states that "The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January_ 1, 2008". The accessory structure was eligible for a certificate of occupancy for an "accessory structure" prior to January 1, 2008. The assessor's property card shows the accessory structure on the property card line reserved for garage as "two story." Enclosed is an affidavit of Darline Duffy, Southold Town Assessor, which establishes that the accessory two story structure was on the property when the Town began assessing properties, certainly the structure existed "prior to January 1, 2008". EXHIBIT B According to neighbors the two story structure was constructed prior to zoning. Attached are the affidavits of 82 year old Marilyn Hoffman and 61 year old Barbara Terranova who recall that the structure was located on the Conlon's property prior to 1957. EXHIBIT C Another neighbor appeared at the hearing and testified that Mr. Pemberton son lived in the accessory structure while his parents owned the property. Mrs. Conlon testified at the hearing that the accessory structure contained heat, a toilet and was occupied by prior owners. When Mrs. Conlon purchased the property the accessory structure had a kitchen and bathroom and was used by the prior owner, Hildreth as his home. The second dwelling had been demolished and a building permit for the new dwelling had been issued. At the hearing a photograph taken in 2002 of the accessory structure and foundation was provided. The accessory structure was and is eligible to receive a pre-certificate of occupancy. Over the years improvements to the structure were made to the existing "two story" accessory structure which will be legalized with the building department. The accessory apartment law was intended to legalize any unauthorized apartments. ISSUE 3: If all the living space must be located on one floor (because the ZBA will not grant a variance from the single floor condition) may the accessory structure be expanded to provide the minimum livable floor area? The Southold Town Code does not prohibit modifications to the accessory structure. The 25% expansion language appears in § 280-13A(6) (j) for accessory apartments in principal dwellings. Accessory apartments in principal dwellings are permitted "as of right"but with the 25% limitation. Expansions to an accessory structure would be subject to applicable zoning codes for accessory structures. In this case the accessory structure was constructed pre-1957 and the existing structure has pre-existing nonconforming setbacks (rear yard approximately 4 feet and 23.7' height. The proposed 116 sq.ft, addition to locate the living space on the same floor is proposed in the front of the structure. This addition will not change the rear nonconforming setback or increase the height of the structure. The building department would have to determine if the 110 sq. ft. would necessitate a rear yard variance. If a variance is required, please reopen the hearing so that this variance may be considered as part of the accessory apartment application. (Attached is a revised floor plan with 116 square feet of living space on the first floor). EXHIBIT D With the additional living space, the entirety of the living floor area of the accessory apartment will be on one floor of the accessory structure and as the code states there is "one bathroom in the accessory apartment". The existing second floor area would be de-constructed to be made a non-habitable workshop with a toilet and sink. In conclusion, the Town Board intended to provide affordable apartments for moderate income families. We do not believe that the Town Board intended to create unreasonable obstructions in the law which punish local families. The Zoning Board of Appeals is empowered to grant variances from Special Permit conditions. The location of the living space, particularly where the existing square footage is already conforming, is a reasonable variance. Exhibit A West[aw 810 N.E.2d 890 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438, 2004 N.Y. Slip Op. 03709 (Cite as: 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438) Page 1 I.I Court of Appeals of New York. In the Matter of REAL HOLDING CORP., Respondent, et al., Petitioner, Alan LEH1GH et al., Appellants. May 6, 2004. Background: Property owner brought article 78 proceeding, seeking to annul zoning board's determination that board could not grant variance from special use permit requirements. The Supreme Court, Westchester County, Francis A. Nicolai, J., granted petition and remitted matter to board for further proceedings. The Supreme Court, Appellate Division, affirmed, and the Court of Appeals granted board leave to appeal. 414 Zoning and Planning 4141X Variances and Exceptions 4141X(A) tn General 414k 1498 Automobile-Related Uses 414k1500 k. Sales and service. Most Cited .Cases (Formerly 414k506) Town zoning board had authority to grant area variance from any requirement in zoning regulation, including requirements for issuance of special use permits, and thus could grant area variance from zoning requirement for special use permit that gas filling station be located a specified number of feet from residential areas and from other filling stations; abrogating Matter of Knadle v. Zoning Bd. o£ Appeals of Town of Huntington, 121 A.D.2d 447, 503 N.Y.S.2d 141. McKinney's Town Law § 274-b, subds. 3, 5. [21 Zoning and Planning 414 Holding: The Court of Appeals, Read, J., held that town zoning board had authority to grant area variance from any requirement in zoning regulation, including requirements for issuance of special use permits, abrogating Matter o[' Knadle v. Zoning Bd of Appeals of Town of Huntington, 121 A.D.2d 447, 503 N.Y.S.2d 141. Affirmed. West Headnotes Ill Zoning and Planning 414 ~::=*1491 414 Zoning and Planning 4141X Variances and Exceptions 414IX(A) In General 414k 1489 Architectural and Structural Designs 414k 1491 k. Area variances in general. Most Cited Cases (Formerly 414k503) 414 Zoning and Planning 4141X Variances and Exceptions 414IX(A) In General .414k 1498 Automobi}e-Related Uses 414k1500 k. Sales and service. Most Cited Cases (Formerly 414k506) Distance standards of town zoning provision, specifying how many feet had to separate gas filling station from residentially zoned areas and other filling stations, were "dimensional or physical requirements" subject to area variance relief under state's Town Law. McKinne¥'s Town Law § 267, subd. l(b). ***439 *298 *'891 Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, Wappingers Falls (Karen P. MacNish and Albert P. Roberts of counsel), for appellant. Keane & Beane, P.C., White Plains (Judson K. Siebert of counsel), for respondent. OPINION OF THE COURT Zoning and Planning 414 ~=>1500 READ, J. © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. 810 N.E.2d 890 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438, 2004 N.Y. Slip Op. 03709 (Cite as: 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438) Page 2 We are asked to decide whether Town Law § 274-b (3) *299 authorizes a zoning board of appeals (ZBA) to grant area variances from special use permit requirements. For the reasons that follow, we hold that Town Law § 274-b (3) vests a ZBA with authority to grant an area variance from any requirement in a zoning regulation, including those for a special use permit. In 1992, Real Holding Corp. (RHC) acquired a one-half-acre parcel of land situated within a "Highway Business District" as shown on the Town of Wappinger's zoning map. This parcel had served since the mid-1960% as the site of a gasoline filling station, which closed shortly before RHC's purchase of the land. After cleaning up the property to the satisfaction of state environmental authorities, RHC opted to develop a new gasoline filling station on it. In order to undertake this proposed use, RHC was obliged by the Town Code to obtain a "gasoline filling station" special use permit from the Town Planning Board; however, RHC was unable to satisfy two distance standards for this permit. Specifically, the applicable Town Code provisions mandated 1,000 feet between a gasoline filling station and the boundary line of certain residentially zoned lands, and 2,500 feet between gasoline filling stations. In 1995, PHC asked the Town's ZBA for variance relief from these two standards. The ZBA turned RHC down in early 1996, opining that it lacked jurisdiction to waive or modify zoning requirements specific to a special use permit. ~ In 2000, RHC revived its campaign to reestablish a gasoline filling station on the property by applying to the Planning Board for a special use permit. The Planning Board denied the application for failure to conform with several zoning requirements, including the two distance standards for the special use permit, and advised PHC to seek variances from the ZBA. RHC requested the necessary variances, and the ZBA voted to entertain the application. After several months of review, however, the ZBA concluded that it was powerless to grant an area variance from special use permit requirements absent an express grant of authority therefor from the Town Board. Accordingly, on June 19, 2001, the ZBA denied PHC's application. RHC then commenced this CPLR article 78 proceeding to seek annulment of the * * *440 **892 ZBA's determination and a judgment directing the ZBA to hear and decide its application for area variances. Supreme Court granted RHC's petition and remitted the matter to the ZBA for further proceedings, holding that *300 Town Law § 274-b (3) explicitly authorizes a ZBA to grant area variances from special use permit requirements. Upon the ZBA's appeal, the Appellate Division affirmed ( 304 A.D.2d 583, 756 N.Y.S.2d 893 [2d Dept.2003] ). We granted the ZBA leave to appeal, and now affirm. 11. In the early 1990's, the Legislature authorized the Joint Legislative Commission on Rural Resources to develop recommendations for recodifying local zoning laws. In 1991, the provisions concerning ZBAs in the Town Law were substantially revised as a result (see L. 1991, ch. 692, §§ 14; Town Law §§ 267-267-q). The following year the Legislature enacted companion legislation, which, as relevant here, included new Town Law § 274-b (see L. 1992, ch. 694, § 2). This provision defines and governs approval of special use permits, a widely used zoning device previously unmentioned in state statute. [I][2] Two subdivisions of section 274-b come into play on this appeal. The first-subdivision (3)-addresses the circumstances under which application may be made to a ZBA for an area variance from special use permit requirements: "Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the zoning board of appeals for an area variance pursuant to section two hundred sixty-seven-b of this article,m' without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations" (§ 274-b [3] ). © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. 810 N.E.2d 890 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438, 2004 N.Y. Slip Op. 03709 (Cite as: 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438) Page 3 ~3,~k~d25 FN* An "ia]rea variance" is defined as "the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations" (Town Law § 26711 lib] ). Contrary to the position taken by the ZBA, the distance standards at issue here, which specify how many feet must separate a gasoline filling station from certain residentially zoned areas and from other gasoline filling stations, are clearly "dimensional or physical requirements" subject to area variance relief. The second-subdivision (5)-addresses the waiver of special use permit requirements: "Waiver of requirements. The town board may further empower the authorized board to, when reasonable, waive any requirements for the approval, *301 approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in the ordinance or local law adopted pursuant to this section, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit" (§ 274-b [5] ). In the ZBA's view, subdivisions (3) and (5) clash and, at most, establish that a ZBA may grant an area variance from general zoning requirements, but not from a special use permit requirement unless express authorization to do so has been bestowed by a town board in the town's zoning code. We disagree. First, subdivision (3) plainly states that "application may be made to the [ZBA] for an area variance" in those cases "where a proposed special use permit.., do[es] not comply with the zoning regulations." **'441 **893 Moreover, a ZBA may grant these area variances "[n]otwithstanding any provision of law to the contrary." Next, subdivision (3) refers to "zoning regulations" without qualification. Nothing in the stamte's language suggests that area variances for special use zoning regulations should be treated differently than area variances from general, so-called bulk, zoning requirements. To hold that a ZBA may vary certain zoning provisions only if expressly empowered to do so by the town board overlooks the entire purpose of the ZBA, which is to provide relief in individual cases from the rigid application of zoning regulations enacted by the local legislative body. Finally, section 274-b is entitled "Approval of special use permits," and subdivision (3) directs that application for an area variance may be made to the ZBA "pursuant to" section 267-b (entitled "Permitted action by board of appeals"), which supplies the procedures for a ZBA to follow when issuing an area variance (see Town Law § 267-b [3] ). Thus, section 274-b authorizes ZBAs to issue area variances from special use permit requirements, following the statutory procedures applicable to ZBAs in the exercise of their area variance jurisdiction. This is not only clear, but entirely consistent with the statutes and case law emphasizing that ZBAs are "vested with the exclusive power to grant or deny, in the first instance, a variance from the zoning ordinances" ( Mutter of Cominco, Inc. v. Amelkin, 62 N.Y.2d 260, 266, 476 N.Y.S.2d 775, 465 N.E.2d 314 [19841; see also *30Z Jewish Reconstructionist Synagogue of N. Shore v. Incorporated Vii. of Roslyn Harbor, 40 N.Y.2d 158, 162, 386 N.Y.S.2d 198, 352 N.E.2d 115 [1976] ["(T)he board of zoning appeals is a quasi-judicial body created by State law .... It provides a forum for the mitigation of harsh effects which zoning laws may have in exceptional cases"] ). Nor does subdivision (5) in any way conflict with subdivision (3), or diminish a ZBA's independent jurisdiction under subdivision (3). Subdivision (5) vests a town board with discretion to empower an "authorized board" to waive any requirement ora special use permit. The waiver authority in subdivision (5) is broader than a ZBA's authority in subdivision (3), which is restricted to granting area variances. The "authorized board" referred to in subdivision (5) is "the planning board or such other administrative body that [the town board] shall designate" (see Town Law ss 274-b [2] ). In effect, subdivision (5) allows a town board to establish one-stop special use permitting if it so chooses. As Supreme Court observed, where a town board exercises its discretion under subdivision (5), an applicant may have "two avenues to © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. 810 N.E.2d 890 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438, 2004 N.Y. Slip Op. 03709 (Cite as: 2 N.Y.3d 297, 810 N.E.2d 890, 778 N.Y.S.2d 438) Page 4 address an inability to comply with a given ... requirement in connection with a special use permit," but this overlap "does not create discord in the Town Law or render either [subdivision (3) or subdivision (5) ] superfluous." Because we rely on the plain meaning of the relevant statutory text, we need not consult legislative history. Not surprisingly, however, section 274-b's legislative history clearly contemplates the distinct purposes of subdivisions (3) and (5). Specifically, Senator Cook's memorandum in support notes that this legislation was intended to "authorize[ ] town ... boards to empower their planning board (or other authorized body) to waive, subject to appropriate conditions, any requirements for the approval of site plans" (Sponsor's Mem., Bill Jacket, L. 1992, ch. 694, at 6). In addition, "in the event local site plan or special use permit requirements present dimensional difficulties to a particular applicant, an area variance may be applied for to the zoning board of appeals" (id). Further, "by allowing appeal to the zoning ***442 **894 board of appeals the bill provides applicants faced with dimensional difficulty an opportunity for administrative relief" (id at 7). Accordingly, the order of the Appellate Division should be affirmed, with costs. Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur. Order affirmed, with costs. N.Y.,2004. Real Holding Corp. v. Lehigh 2N.Y.3d 297, 810N.E.2d 890, 778 N.Y.S.2d 438, 2004 N.Y. Slip Op. 03709 END OF DOCUMENT Finally, section 274-b's legislative history does not, as the ZBA argues, portray any intention to incorporate existing case law wholesale, lndeed, this case law was not entirely consistent (compare Matter of Holy Spirit /~ssn. for Unification of World Christianitv v. Rosenfeld, 91 A.D.2d 190, 195, 458 N.Y.S.2d 920 [2d Dept. 1983] ["the *303 zoning board had no authority, absent an application for a variance, to waive or modify the explicit conditions laid down in the town code" for a special use permit (emphasis added) ] with Matter of KnadIe v. Zoning Bd. of ,.~ppeals of Town of Huntington, 121 A.D.2d 447, 503 N.Y.S.2d 141 [2d Dept. 1986] [ZBA has no authority to waive or modify a setback requirement for a special use permit in the guise of a variance] ). The ZBA cites Matter ofdewish Reconstructionist Synagogue of N. Shore v. Levitan~ 34 N.Y.2d 827,359 N.Y.S.2d 55, 316 N.E.2d 339 [ 1974] for the proposition that a ZBA may not waive or modify any of the explicit conditions mandated by a town or village board for a special use permit; however, in this memorandum decision we expressly declined to address whether a ZBA might have authority to issue a variance from special use permit requirements, noting that the issue was not presented on the appeal (id at 829, 359 N.Y.S.2d 55,316 N.E.2d 339). © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Exhibit B RE: NANCY CONLON ZBA # 6419 SCTM:1000-67-4-8 Premises: 310 Huntington Boulevard, Peconic STATE OF NEW YORK ) ) SS,: COUNTY OF SUFFOLK ) Darline Duffs, being duly sworn, deposes and says: THAT I am a duly elected Town Assessor in the Town of Southold; THAT my office maintains the real estate property cards in the Town of Southold. THAT the following information is provided knowing that the Town of Southold Zoning Board of appeals will rely on the truth of the statements contained herein: The property cards held in my office for 310 Huntington Boulevard, Peconic NY, also known as SCTM#1000-67-4-8 are herein attached. Our records show that the two story 24' x 22' accessory structure was first assessed in 1961 3. The accessory structure was in existence prior to January 1,2008. Sworn to before me this 2.~'~ day of (*') ~ ~--~t59 / ~) , Notary Public Darline Duffy CLAIRE g GLEW Notary Public, 8rate of New York No. 01 GL4879505 Qualified In ,Suffolk County :lOUse plot TOWN -OF ~TH~ ~TY RECORD 'C~~ STRE~ ~ /~ VIL~ DISTRI~ SUB. N ACREAGE S W TYpE OF BUILDING SEAS. VL FARM COM~. IND. CB. I MISC. IMP. TOTAL DATE ,Aqoo v NORMAL Acre ~ Basement Floors Extension ~ ~ ~ Extension ~/~D~(,/.) J ~ ~,, Ext. Walls ~ Interior Finish FExtensior~ Fire Place Breezeway ~ ~ ~,~ ~G~ Patio R~ms 2nd Floor O.B. 67-4-8 10/03 67-4-8 2/04 67.-4-8 4/07 COLOr TRIM 1st 2nt M. Bldg. Foundation ~C) CB ~_v OTHER Bath ~ Dinette PAR'n~ Floors Kit. Extension ~lE~ension Finished B. Extension Fire Place Porch Dec,Patio Fem. Rm. Pool Foyer A.C. ~ ~ Laund~ Dock SCTM # 'OWNER LAND IMP. TOWN OF SOUTHOLD PROPERTY RECORD' CARD STREET ACR. TYPE OF BLD. PROP. CLASS TOTAL DATE VILLAGE REMARKS FRONTAGE ON WATER BULKHEAD SUB. LOT HOUSE/LOT i TOTAL Exhibit C RE: NANCY CONLON ZBA # 6419 SCTM: 1000-67-4-8 Premises: 310 Huntington Boulevard, Peconic STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) Marilyn Hofmann, being duly sworn, deposes and says: THAT I reside at 1100 Huntington Boulevard, Peconic NY 11958; THAT I am 82 years old and to the best of my recollection I wish to provide the following information knowing that the Town of Southold Zoning Board of appeals will rely on the truth of the statements contained herein: My family began renting in Peconic in 1929 when I was a one year old and we continued to rent for the summers in Peconic until 1938. In 1938 my father built a bungalow in Peconic on the comer of Sound Avenue and Huntington Boulevard. 3. In 1957 my father built the house at 1100 Huntington Boulevard where I presently reside. I am personally familiar with the property presently owned by Nancy Conlon at 310 Huntington Boulevard. I have walked past this property and the neighborhood since 1 was a child. As far back as I can remember, since I was a child, the two story accessory structure has been present at 310 Huntington Boulevard, Peconic, NY, now owned by Nancy Conlon. Certainly, prior to the Town of Southold Zoning enactment of 1957, the same two story accessory structure existed at 310 Huntington Boulevard, Peconic, NY. The accessory structure has been improved to look attractive but it has not changed in size or location since I was a child. M'arilyn I~mann · Swom to before me this day of Notary Public PATRICIA C. MOORE Notary Public, State of New Yo~k Suffolk County - No, 4861688 Commission Expires June 16, ~-,~,~'~ RE: NANCY CONLON ZBA # 6419 SCTM: 1000-67-4-8 Premises: 310 Huntington Boulevard, Peconic STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) Barbara Terranova, being duly sworn, deposes and says: THAT I reside at 415 Sound Avenue, P.O.Box 318, Peconic NY 11958; THAT I was born on March 31,1949 at 415 Sound Avenue, Peconic and grew up in this same house; THAT my mother Alice Holoden was the postal clerk at the Peconic Post Office starting in 1973, and continuing in that capacity for many years. I attended the Little Peconic School on Peconic Lane, 8th grade at Southold High School and Mercy High School until my graduation in 1966; THAT I continued to visit my mother in Peconic until I purchased the house from my siblings in 2003 after my mother's death; THAT I wish to provide the following information knowing that the Town of Southold Zoning Board of appeals will rely on the truth of the statements contained herein: I am familiar with the structures on the Conlon property and remember the property well from when I was a child. I played in this neighborhood and lived in the house where 1 was born which was around the block from the Conlon property. The same two story accessory structure existed at 310 Huntington Boulevard, Peconic, NY, prior to the Town of Southold Zoning enactment of 1957. The two story accessory structure has been improved to look attractive and it enhances the surrounding community. The structure has not changed in size or location since I was a child. THAT I support Nancy Conlon's efforts to preserve the structure and use it as living space for her family. Barbara Terranova Sworn to before me thisC~' Exhibit D ~OARD OFAPPEALS // 1000-87-04-08 )-22-010 :ACCESSORY APARTMENT AT CONLON RESIDENCE SOUTHOLD NY' CHORN~ ASSOCIATES · . "architects. SOUTHOLD, NEW YO~}~ ~CEIVED ~OARD OF APPEALS SURVEY OF LOTS 86 & MAP .No. 2 PECONIC SHORES FILE No. 654 FILED SEPTEMBER 15, 1930 SITUA TED A PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-67-04-08 SCALE 1 ' 20' JUNE 19, 2000 AREA = 11,886.89 sq. ff. 0.27S ac. CERTIFIED TO: FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK PECONIC ABSTRACT, inc. NANCY CONLON ~, ,ph A. Ingegno Land Surveyor PHONE (651)727-2090 Fox (631)727-$727 Jltne 2010 TOURIST CENTEI~FOLD ,The Suffolk:Times ,August :16;,2001 A life taking on .color Exhibit opens at artist's residence: San Simeon n rs ng home By Liz W°od Sherrill (Rip) Pemberton is 90 years of age but looks years younger. Trim and spry, he said he was a sick man three years ago when he moved into San Simeon by the Sound, the Greenport nursinghome. Suffering from diabetes, having neglected his health, after losing his wife, five .sisters and four brothers, all within a decade, "I had no wish to go on living until I came here," he said. Mr. Pemberton stands tall today as he shows San Simeon residents, staff members and visit~ors.a wall display of his drawings of his[oric American light- houses. It may be his first solo show, but the Greenport native's been drawing sinc~, third grade. "My teacher, Miss Rowe, inspired me," he said. "I'd done a picture of Hiawatha on my pad and she came along and picked it up. 'Oh,' I thought, 'Here I go, I'll be in trouble now for drawing all over my book.' Then she came back ~ ~" to me with colored chalk  and suggested I finish the .pkture on the blackboard, I spent, many, many hours [over] one week to get the whole scene: a teepee, Minnehaha, the squirrels and so on." Since his father, Henry Pemberton, was a painter and decorator with a sign business in Greenport, he went straight into the sign business after graduating from Greenport High School in 1931. Mitchell's Restaurant in .Greenport was a major client. He the Flapper Girl image, acco~:ding to Mr. vocals, and-Gilbert..Wickheise~ .of Riverhead on remembers painting their 40-foot-!ong road. signs' ,P. emberton . i ' ..... ' - ~''." troml~one. These days, he's'"a,one-man~ bimfl~' he with the image of a big fish in enamels. ~... -... ~..'~.~p~r.,,.,.D. ai~, y, wat.~niusicil-,and~playl~d:the,,-m 'He also went to a commii'ciai art school while · pi~mo well:Ighe int~oduced, liiavto>.musio~,ith,Scott~. renditl ' ' at'San si ' ' ' . .~. ~k*nmes phcXo Sherrll Pemberton with his I.Ightho use °ns ~ on Monday. ,.. ~. working with his father in Cambridge; Mas~, in the Jop!in's ra~. He learned piano and bass and started !930s, where he studied with "very good teachers," his own band at ;school, later playing,East End.night including the cartoonist John Held Jr., who Created. clubs with his. brother, DOn,. on bass fiddle and Storm,.. ~ From page 2 looked tb the r~in to provide relief, but multiple lightning strikes and heavy winds brought a new round of challenges for LIPA workers, she said. Workers hustled to.keep u15 with outages, and most customers .had power restored within an hour or two and some within minutes, said Ms. Schwantner. Parts of Fleet's Neck in Cutchogue, however, went without power for about l0 hours before it was restored early Saturday morning. Riverhead was hit hardest, with 702 customers affected. Cutchogne and Southold hamlets combined had 248 losses. In Laurel, 175 customers were all pasta8 s14.95 ~ Every night "~ is lobster night Twin Lobsters $22.95 without electricity and East Marion police reported .only minor accidents reported 131 outage& O:tient escaped during the storm, with no injuries relatively unscathed, with two report- ed power Iossea LIPA reported 88,379 outages~throughout Long Island, said Ms. Schwm~mer. ' The utility was able to minimize outages through- out the heat wave and subsequent storm because cns- tomers responded to the requests to cut nsage, said LIPA Chairman Richard Kessel. "Never before has LIPA delivered so much power to Long Island over five consecutive days," Mr. Kessul w~s quoted as saying in a press release. He credRed upgrades to the system ,and customer Compliance with enabling LIPA to meet the damand. "We were on the edge several times," said Mr. Kessel."To come back from the edge, we need to increase conservation, increase the number of links to the mainland and increase our on-island generation resources," he said~ "If we don't, we will not make it through the heat wave next year," he warned. ; In Greenport, ?here the village retains its own power generator, utili- ti? ch~f Bill Swiskey reported only minor interruptions of service. A transformer went out, affecting just a few houses, and they were brought bagk on line quickly, he said. The village, in fact, helped provide backup power to LIPA during the week of scorching temperatures. ,Southold Police reported that a downed electrical wire Caused a fire in a parked car on Pecoinc Bay Boulevard. The 2000 Honda belong- ing to a Short Hills, N.J., man was destroyed. Police and Mattituck fire- fighters responded to an anonymous call at 4:27 p.m., reporting a downed wh.e.2qle wire fell on the vehicle, ignit- ing the fire. LIPA officials turned off resulting. The storm temporarily knocked out the traffic light at the intersection of Route 25 and Factory Avenue in Mattituck, creating a bit of chaos at that busy intersection. An unrelated electrical problem found the Waldbaum's Supermarket in the Mattituck shopping plaza without power, according to store man. ager George Salsona. He con- firmed the loss of some perishable · foods, including dairy products and meats, but wouldn't corranent on the extent of the loss or the amount of time the store was without power. On Tuesday, store workers were in the process of restocking the store's ice cream supply. ' ~ From page 2 than the ocean. The heat wave lasted as long as it did because the jef stream was well to the north. "Because of the lack of wind, we' weren't able .to mix the atmosphere," said Mr.,Cassella. When the long-anticipated cold front finally pushed the sultry ah' out, the front stalled; leading to last Week- end's lingering soggy weather. There's also the chance of more siz- zling weather ahead, but the worst may be behind us. Summer's hottest days often come during the last two weeks of July and the first two weeks of August, said Mr. Cassella. "Every y~ar we do get some episode like this," said Mr. Sanok. "We've been lucky we haven't had any really hot weather like this in the last few years." Color... ~-- From page 4 said, always playing the piano at San Simeon. : "We were a beautiful family of 13, sev~n boys and six girls," Mr. Pemberton said. "It sounds like a nightmare but we had unity and my mother was a miracle." His middle name is Bruce, but he's always been known as "Rip." The oldest boy was named Richard Isiah Pemberton, but no matter what succeeding sons were named "we were all Rips," he said When the Second World War came along, he married his high school sweetheart, Norma, and joined the Army Air Force with five of his broth- ers. Six boys served in the Pacific Theater, the seventh in Germany. "We won three Purple Hearts between us, and we all came back," he said with pride. He'd wanted to pilot a dive bomber in the wac "A ~ hiend with a Piper Cub taught me to fly in Mine- ola," he said. But because he'd smashed his nose in high school football and could breathe offiy off one side, "there was no flying for me. I was grounded" for the dura- tion on a San Francisco airbase, he said, with a twinge of disappointment. He returned to sign making after the war, and he and Norms lived in Sou~huld, then Pecoine, and raised their only child, a son, Brock, who cur- rently lives in Hawaii. Rip Pemberton enjoys teaching what he knows about art to &small group of · a~-tistic people at the nursing home who meet once ~ week for a classes with vul- unteer Betty Price. He copies coloring book models in pencils and pastels, u_~dm_.g,a fing, e,r to ble~d the colors, but By Jrdyce Beckensteln ,ne of Mr. emberton's intage signs. Sherrill "RIP" Pemberton was well known to World War lI era North Forkers. They knew the young fellow who stenciled '40s mine- sweepers at Greenport Basin and Construc- tion, and illustrated "Bowline," the company's newsletter. They knew the '50s sign painter whose billboards and Iogos signaled River- head-to-Orient destinations. They knew the piano player, and danced to the rhythms of his popular Rip Pemberton Orehnstra. They knew the family man; they knew the friend. But no one knew the abstract ex- pressionist. We meet him for the first time in "Wet Paint: The Secret Abstract World of an Ameri- can Sign Painter," an exhibi- tion of Mr. Pemberton's paintings, signs and memorabilia on view now through Dec. 14 at Kapell Gallery in Greenport. Henry and Daisy Mae Pemberton had 13 children. Sherrill was the seventh, born in 1910. His brother Hector, who lives in Orient, shared the following bit of family history: "The nickname "RIP" was given to our oldest brother, Richard, whose initials were R.I.P., but as 12 more kids came along everyone called us 'little Rips.' The nickname stuck with Sherrill. He was quiet and friendly and loved to paint, WET PAINT: THE ABSTRACT WORLD OF AN AMERICAN SIGN PAINTER The work of Sherrill 'RIP" Pemberton (1910-2004} 0n view through Dec. 14 Kapell Gallery, 400 Front St., Greenport Suftolk Times photo courtesy ol Dave Kapell Sherrlll "RIP" Pemberton at work in a photograph believed to have been taken In the 1950s. doing everything freehand -- even the lettering on warships. He joined the service in '43. Our mother, with six sons in uniform, was named Star Mother of Greenport. Walt Disney smuts offered Sherrill a job after the war, but he stayed home and became a sign-maker. He played piano by ear, and didn't learn to read music till they gave him sheet music to follow. Mostly he would say, 'Tell me the title or hum it.' Then he would play it." Former Greenport mayor Dave Kapell never met Mr. Pemberton personally. In 2000 the Front Street realtor/art and antiques dealer was approacbed by the family and told that Sherrill, aging and frail, was moving to the nearby nurs- ing facility at San Simeon by the Sound, where he died in 2004, at age 94. "I helped them clean out the place, bought the shop contents, and sold the Peconic property, said Mr. Kapell, adding,"I feel I got to know him ... when someone is pulled out of a living situa- tion as he was, there is an intact life left behind." The sign workshop, located in a barn on the property, was nothing fancy, but meticulously kept. Mr. Kapell expected no surprises, just old tools, paintbrushes and ephemera -- the stuff of weekend yard sales -- and a house to sell. But Mr. Kapell found a bonanza. Ephemera as treasure characterizes half of this exhibit, a histor- ical slice of North Fork business lee, all preserved in mid-century photographs Mr. Pemberton took to document his commissions. One somber image of a m'mesweeper stenciled "62" is hand dated "1944." A Rothman's Department Store truck touts the Southold purveyor of televisions, and a humorous '50s snapshot advertises Mitchell's MO- See Wet paint, page 9A Wet pmnt... · ~-~From page lA tel with only the letters "HELL'S MO- TEL" showing. Other images include a jump~g-fish sign directing drivers to C4pt. Jim's l~shing Station.. Several actual signs in the show m- chide two for Mitchell's Motel and one for the South Shelter Island Ferry. Greenport writer and a[tlst Megan Barton co-curated this e 'xhJbit. She pointed oui a hinged black box, with "Bowline" painted in the bright-yellow rope script Mr. Pemberton designed for the wartime newsletter. Original editions of that paper, which had been stored inside the box, are also on display. An.issue featuring singer Kate Smith on the front page lauds the arrival of the famous singer and radio star·in Greenport to sponsor and launch the YMS 183, These issues also include I~r. Pemhert0n's many politi- cal and local cartoons. Inventive and frugal, he "painted on everything and never stopped paint- lng," said Mr. Kapell. When not work- lng on commissions, he recycled sc'raps of wood into ornamental, fanciful, bold name plaques. "Wet Paint" signs, the theme for this show, were writ[en with multicolor dribble.,, dots and drips.An 0Id kitchen stool morphed into a ready-made sculpture, titled "Tillie," in homage to a legendary ship caulker, and an emblematic trinmphant Uncle Sam, painted on a stray plywood triangle, was the banner leading the village'~ victory parade. "I relate to how he made these things. whenever he had tinae away from artists who aren't fam6us." says Ms. Barron, suggesting that Mr. Pember- ton's play with calligraphy and color· holds clues to his unknown artistic life. :Which brings us to the show-stopper: a stack of small painticgs neatly tied with string and found on a'shelf behind Mr. Pembert0n's. wor~kbench. Each work, painted with'commercial oil paint on four-by.-seven-ini:h Or seven- by-124nch do~it~P~per advertis- ing handbills -- hawldng everything from used cars to house pmnt -- was unquestionably influenced by abstract expressionism, and indicate Mr. Pem- berton's fascination with mid-20th- century American modernism. Mr. Kapell said they didn't know what to make of them. No a~t repro- ductions were lying around: no eof- feetable art books, no magazines with pages dog-eared to art features. But a map and address page ripped from a '60s galleryguide ~uggest that Mr. Pemberton frequented lh~ best~known modem-arLvenues, C~'learly~ his eye for art matched his ear for music, for he absorbed the visual rhythms and' moods of pnlntingth'e' wily he remem- bered a song. Iai this light we under- stand his non-objective art. Like sign painting, abstra6t expres- siomsm is a form of writing. But unlike commercial art;it is gestural and auto. mafic, meant to pi'oduce~n instantly recognizable peisonal 'signature: Jackson Pollock's vigorous.drips. Franz Kline's impudent swipes, Mark ToBey's etliereal white caQigraphy. .- .: However, Wher~ sionist ~ignatures. billboard-sized canvases,.thisNorth Fork billboard painter drew small, intimate abstractions~ reproducing the.spontaneous scrawls of contemporary masters, he also hon- ored the stylized commercial look of his professional work by. allowing the print of his handbills to seep through many of his"canvases."The ghosts of words like "wet paint" sej've t6:define the persona of the artist, who did not sign or date his works. What this art lacks in innovation of style it recoups in its inversion of ab- stract expressionism's dimensions, and this is where Mr. Pemberton asserts his individuality. We approach his wot 'ks not by ducking the long-arm sweep of a Jackson Pollock hurling pigmem upon a giant canvas on the floor, but by vicariously craning over Mr. Pem- berton's shoulder to Watch the careful bend of his wrist as it Lcontrols modest spillsupon a sheet of paper, taped to his. workbench. We follow the cadence~ of his intuitive drawing -- a .glob of bright yellow beckoning a swirl of lime green; a haughty black scrawl taunting an expanse of bright red, or a Japanese- inspired landscape dripping, splattering and meandering I/kc the improvisa- - tional Call.and response of cool jazz. In fact, one wonders if this musician-artist scat-sang as he painted. But the question remains: Why. did Sherrill Pemberton keep these works a secret? When asked what the family might ha{,e thought, Hector Pemberton said:"We r>robably would. ask 'What are you doin', RiP, cleaning your brushes.'?'" Obviously, RiP made th~se works for RiP. and may not have thought to share them because it's not always necessary for everyone to hear you humming. FRIENDS OF THE · RiverheacJ tree Libraroq ~50 coU~ Street, Riverheac], ~ Ib)OI ' PRESENT Steve CorbeJlini ancJ Melanie; El?toff in '"'" ' ' 'Asia' i=rez[ 19nc[ Acl¢le re: . The Last:Dance A one-act musical Db~j b9 Dark] Houston (3 He was bom on June 17, 1928 to Floyd Kerr and Margaret Schm/dt in Lynbrook, Mr. Kerr was predeceased by one .grandchild, and his brother, Robert. He ~s survived by his wife, Marie (nee Tieman) of Calverton, a son, Frank Jr., stepsons, Will/am} Edward and John Abeltin, stepdaughters, Linda Franc, Carol Cheshire and Donna Matzen, a brother, Charles, a sister, Barbara Loesoher, 17 grandchildren and one great grandchild. Family received friends 'at the r.a,st naam St., R/verhead, on Tuesday, January 6. A Mass of Chriistian Burial was held at St. John the Evangelist R.C. Church in R/retread on Wednesday, January 7. Interment ·followed in Pinelawn Memorial Park, Pinelawn, ~ The family suggests donations be · mad6 to the Ronsld McDonald House, 405 East 73rd Street, New York, NY 10021.. Edward W. Mangassarlan Edward W. Mangassafian, ot~ Aquebogue, died on January 7, 2004 at Central Suffolk Hospital in R/verhead. He was 87. Edward was bom on November 7, 1916 in New York City to John and Mary Mangassarian. He is survived by his loving wife, Gertrude. Fam/ly received fi/ends on Friday, January 9 at the Reginald H. Tuthill Funeral Home, R/verhead. A serv/ce was beld on Saturday, January 10 at the funeral home with Rev. Charles Byer officiating. Interment followed at Pinelawn Memorial Park, Pinelawn, NE. Walter T. tlulse Walter T. Huise, of Southold, died at his homeon January 13, 2004. He was 89. Mr. Hulse was bom on February 27, 1914 to Sidney and Mabel (nee Warner) Huise. Predeceased by his wife, Ann (nee Keams) Hulse (1992), and a son, Brian (19863 h;~ ~,,~a. .... grandchildren, Ryan and Andrew Calvacca. The family received friends on Friday, January 16 at the DeFriest- Grattan Funeral Home where vigil prayers were offered that evening. The Liturgy of Christian Burial was cele- brated on Saturday, January 17 at St. Patrick's R.C. Crumb in Southold Village. Interment followed inst. Patrick's R.C. Cemetery in Southold Village. Doris t~qlls Doris Wills, of Gmenport and Fort Landerdale, FL, died on January 13, 2004 at Eastern Long Island Hospital in GreenP°rt. She was 83.. ' Mrs. Wills was bom in Brooklyn, NY on March 3, 1920 to James and Lillian (nee Schroede0 Hylind. Formerly of Manhassct and Valley Stream, Long Island, she had been a resident of Greanport and Florida since 1964. Predeceased by her husband, Joseph George Wills, and a daughter, Mary Ann Parks, she leaves her sons, Joseph of Brooklyn, James of Port Jefferson, Richard of East Lyme, CT and Christopher Of New Jersey, 10 grand- children, and a great grandson, lan. The family received fl'/ends on Friday, January 16 at the DeFriest- Grattan Funeral Home where vigil prayers were offered that afternoon. The Liturgy of Christian Burial Was cel- ebrated on Saturday, January 17 at St. Agnes R.C. Church in Greenport Village. Interment followed in Most Holy Trinity Cemetery in East Hampton. Drexel D. Collins Drexel D. Collins, of R/verhead, died at Central Suffolk Hospital in R/retread on Sunday, January 4, 2004. He was 79. He Was bom in Sullivan, MO to Dewey Collins and Halli K/mberlin on April 13, 1926. He is survived by his wife, Marian, two children, Brace Collins and Sheri Fi~an'nv. and fn ...... a ..... Dr., Hauppauge, Ny 11788. Sherrill B. Pemberton Sherrill B. Pemberton, a well-known painter of billboards ti'om Calverton to Shelter Island, died on Thursday, January 15 at Eastern Long Island Hospital in Greenport. He was 93. Mr. Pemberton was born in Greenport, one of 13 children of Hemy Bruce and Daisy May (Penny) Pemberton. The former Peconie resident was predeceased bY his wife, Norma in 1986. Surviving are a son, Brock of Hawaii, two brothers, Hector and Douglas, and a sister, Zola Peckham. Services are in the Care of the DeFriest-Gmttan Funeral Homes and were held on Saturday, January 17. The cremated remains of Sherrill and Norma Pemberton will be spread on Goldsmith's Inlet in Peconie this spring. Maria Sandalls Mafia Sandalis, of Greenport, died at the Chapin Home for thc Aging in Jamaica, Queens on Friday, January 16, 2004. She was 91. Mrs. Sandalis was bom in Asia Minor (Turkey) on January 25, 1912 to Vasilio~ and Vasiliki Varel~. Predeceased by her husband, Emanuel in 1991, she leaves a daughter, Bess Psaltakls of Little Neck, two grandchildren, and five great grandchil- dren. The family received fi/ends on Sunday, January 18 at the DeFriest- Gmttan Funemi Homes in Southold. The Divine Liturgy was celebrated by Fr. Gerasimos Ballas on Monday, January 19 at her church. She was interred at the Presbyterian Cemetery in Southold. James O'Neill James O'Neill, of Ft. Landerdale and East Marion, died at Holy Cross Hospital in Ft. Landerdale on January 1 l, 2004. He was 90. Mr. O'Neill was bom in Yonkers, NY on November 23, 1913 to Jame~ home in Florida In addition ~ grandchildren Visitation Mathie ] January 17 Prior Burial Murray at St. Greenport. Agnes Cemeter Memorial Memorial appreciated. Elizabeth Elizabeth Southokt Eastern She was Nassau Comelins Hesm She is Betsy Carter of New Jersey, Kendall of Helen Jones of] Hearn of, Heam of grandchildrea~ Visitation was at the Will/am E .Main Road, ~ce was held on the First Southold. Rev. Interment on Tuesday in Mystic, CT. Memorials Presbyterian Box 787, C.A.S.T., NY 11944, or the ~ on Wheel. JoIttt ~ John L. merly ! died on Long a short illnoee STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) BOARD OF APPEALS 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 7th dayof October1 2010. Principal Clerk Sworn to before me this ~J~ dayof 0~ 2010. LEGAL NONCE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY OCTOBER 21, 2010 PUBLIC HEARINGS 8680 New Suffolk Rd. (aka Fifth St.) (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#10(IL117-10-12.2. - Request for Variance from Article XXlI, Code Section 2~0-116, based on an appli- cation for building permit and the Build- ing blspector's September 23, 2010 Notice of Disapproval, concerning second story addition to a single family dwelling at less than the code required setback to a bulk- 1179, Southold, New York 11971-0959, on head of 75 feet, at: 1235 Lupton Point Rd., ~ OCTOBER 21, ~010: (adj. to Deep Hole Creek) Mattituck, NY. ~ - Request for Vari- The Applicant is the owner requesting ance from Arlicle HI, Code Section ~ ~thorlzatio.n to establish an Accessory 15, based on an application for building l]~ ~ ~10n Variances from Article ~ of more than the code required $%, Pa}eel 2 - I) lot size less than the code required 200,000 sq. fl, 2) lot width less M~ .~tba code. required 270 feet at; 31900 7,5, ~z~.~0~:nt, NY. SCTMgl000-I9_i~ ~¢ ~1:.- Re- ~'~i~of0s~,Variances from Article XXIII · mm'non280-124 based on an a ca- ~ yon. cemi~g proposed eonstruc- ~1¥~, _.2.7,5 ~Cedar Point Dr., West (adj. to ~'1 2.~'~eJ aouthold, NY. scrM#~00~ cation for building permit ana~the Build- a~tuca~ignCCoe~a;t~artS[~uC[Ure; proposed con* me, at: 1060 North View Dr., (adj. to Lon8 ~,SOuncl) 0ri~nt, NY. SCTM#1000. setback of 35 feet both front yards, 2) les$ than the code required side yard setback of 20 feet at: 405 Private Rd. g3 and ROW, (adj. to Jockey Creek)~ Southold, NY. SCTM#1000-70-6.15. chi#lan of each hearing. Each hearing will ....__12~ #'~.. y. _. J not start earlier than designated above. ~ - Reque? for Var/ance from Arffcle i Files ar? available for review during regu- II~, C,ode Section 280-15 based on an ap. _1_~. buaiui~s hours and prior to the day of phew. ban for _b?~ding pem~it and the Build- ~ -~b he. ming. If you have questions, please Inspector s August 26, 2010 lqlotice Of · eon .t~.. our office at (631) 765-1809, or by u~ code required ~near yard~ at: .I ZONING BOARD OF APPEALS PERSON BY: lradri Toth ~095 Maat Road (Mallatg/USPS} P.O. Box 1179 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No, 01-V06105050 Qualified in Suffolk County September 29, 2010 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 ~ECEIVED BOARD OF APPEALS John DiGiuseppe Senior Public Health Sanitarian Suffolk County Health Department 360 Yaphank Avenue, Suite 2C Yaphank, NY 11980 Re: R10-05-0071 Nancy Conlon Accessory Apartment in Accessory Building Dear Mr. DiGiuseppe: In accordance with our telephone conversation on September 29, 2010, I have prepared an application for renewal of the Health Department permit. Also enclosed is a survey with the proposed expanded sanitary system. The accessory building was constructed prior to zoning and converted to living space by prior owners. There were two dwellings on the property, the main house and the accessory structure. Mrs. Conlon received Health Department approval for the water and sanitary for bathrooms in the two structures, but the existing sanitary will need to be enlarged for the additional bedrooms in the accessory building by replacement of the septic tank and additional leaching pool. The Town of Southold would not issue a certificate of occupancy for the main house until Mrs. Conlon obtained Zoning Board approval for the living space in the accessory building. We have an application pending. If it is approved we will enlarge the sanitary system to accommodate the additional bedrooms. Thank you for your continued courtesies. cc: Southold Town Building Department Southold Town Zoning Board of Appeals 360 YAPHANK AVENUE, SUITE 2C, YAPHANK, NY 11980 (631) 852-5700 FOR OFFICE lSll3rE ONLY Health Department Ref. No. APPLICATION FOR EXTENSION~ RENEWAL OR TRANSFER OF EXISTING PERMIT TO CONSTRUCT SEWAGE DISPOSAL AND WATER SUPPLY FACILITIES FOR SINGLE FAMILY DWELLING REFER TO REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS RECEIVED PLEASE TYPE OR PRINT LEGIBLY EXISTING REFERENCE NUMBER ~ } 0 - 0 ~'~-- "(~7 i BOARD OI I Dist. Sect. Block Lot Tax Map No. ~000 ~7 I.~ ~ NAME 0F APPLICANT /~ 0~A-~ 0 t.> (~ [ (::>l~ If name ia different from original applicant, see instmct~ for transfe~in~ a pe~it and complete section 6 below.) Mailing Address ~ O~ ~ ~CO~, t/q SIPh°n 7¢7-q1~ Mailing Address ~10~ ~{~ ~d [Phone ~-~ ~et4t I~ Itq~{ DATE OF O~G~AL APPROVAL (If more th~ 6 years old, a new application will be required.) TRANSFER OF PERMIT: I hereby transfer all rights and interest in the above referenced permit to the new applicant named above; SIGNATURE OF ORIGINAL PERMIT HOLDER/AGENT PRINT NAME DATE MAILING ADDRESS PHONE Application is hereby made to I ] extend,~(] renew, [ [ transfer for a permit to construct in accordance with this application, surveys and plans submitted. I hereby certify that 1 have examined this complete application and the statements therein are tree and correct, and that all work shall be done in accordance with all applicable Town, County, State and Federal Laws. "Any false statement made herein is punishable as a misdemeanor pursuant to S210.45 of New York State Penal Law." Print Name of Applicant Date Title If you are making Substantial revisions or modifications to a project that has alread' ' received a pen'nit to construct from the Department, or it the permit is more than six (6) years old, a new application will be required. Renewed permits are subject to any chani~es in standards enacted aRer the approval date of the original permit. DEPARTMENT USE ONLY Permit is Extended/Renewed/Transferred Until Number of Bedrooms Approved Signature of Department Representative Date APPEALS WWM-104 (Rev. 8/05) Page 1 of 2 TEST HOLE ~A (TEST HOLE DUG BY Mc ONA I N E ON DECEMBER 6, 2005) $'IV3ddV ::lO fj~iVOF~ / / / / WELL (LOCATION P~DED BY OWNER) SURVEY OF No. 2 OF PECONIC SHORES FILE No. 654 FILED SEPTEMBER 15, 19;50 SITUA TED A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-67-04-08 SCALE 1"=20' JUNE 19, 2000 AREA = 11.886.89 sq. fi. 0.275 ac. CERTIFIED TO: FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK PECONIC ABSTRACT. Inc. NANCY CONLON NOTES: 1, ELEVATIONS ARE REFERENCED TO 1929 N.G.V.D. DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~ 2. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 3. SEPTIC SYSTEM STRUCTURES TO BE ABANDONED ARE: TO BE PUMPED CLEAN AND REMOVED AS PER S.C.D.H.S. SPECIFICATIONS. RECEZVED BOARD OF APPEALS UNAU~ORIZED ALTERATION OR A~DFI~ON TO THIS SURVEY IS A VIOLATION OF SECTICN 7209 OF 1HE NEW YORK STAT EDUCA"flON LAW. COPIES OF ~H[S SURVEY MAP NOT BEARING TI4E LAND SURVEYOR'S INKED SEN_ OR EMBOSSED SE~J_ SH~J-L NOT BE CONSIDERED TO BE A VAUD TRUE COPY. CER~RCATIONS INDICA~D HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS pREPARED, AND ON HIS BEHN_F TO THE ~ COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION US'FED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor ~tle Surveys -- Subdivisions -- Site Plans -- Construction Layout PHONE (651)727-2090 Fox (631)727-1727 ~E~-~PFC I ~)P 4 T~-r) AT I~AII lNG ADDRESS BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 21, 20t0 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, OCTOBER 2t~ 2010: 9:30 AM - NANCY CONLON #6419 - Applicant requests a Special Exception under Article III, Section 280-13B(13),. The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, Located at: 310 Huntington Blvd., Peconic, NY. SCTM#1000-67-4-8. 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 contact our office at (631) 765-1809, or by email: Vicki. Toth~,,Town. Southold. ny. us. Dated: September 30, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 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.northfork.net September 30, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 21, 2010 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 October 8th: 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 all 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 owner 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 address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than October 15th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 October 16st: 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 more 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 Posting for receipt by our office before October 20, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME CONLON, NANCY #6419 MAP # 67-4-8 VARIANCE SPECIAL EXCEPTION REQUEST Accy. Apartmnet in Accy. Bldg. DATE: THURS, OCT. 21, 2010 9:30 AM 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 TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of NANCY CONLON (Name of Applicant) SCTM Parcel #1000-67-4-8 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 the 6th day of October, 2010, 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 ? ~' T/-/ day of October, 2010 '/' (NoYary Public) - MARGARET C. RUTKOWSIG Notary Public. State of New York No. 4982528 Qualified in Suffolk County · . Commission Expires June 3. ~'~,O// PLEASE sT, 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. RECEIPT FROM: SEND TO: FEES: TOTAL $ 5 POSTMARK OR DATE RECEIPT FROM: SEND TO: FEES: .(~ TOTAL $ ~j~l POSTMARK OR. DATE RECEIPT FROM: SEND TO: FEES: ' ~(~ TOTAL $ 5.~ POSTMARK QR DATE RECEIPT FROM: SEND TO: ROBERT & ANITA BUSBY 375 BURTIS PLACE FEES: - ',~ TOTAL $ POSTMARK OR DATE RECEIPT 7192 6~!~3 3110 0000 7767 FROM: PA3~RICIA C MOORE RE: CONLON Z~A HE~RING SEND TO: FRANK cO~qNO 445 BURTIS PLAE PO BOX 582 PECONIC NY 11958 FEES: Postage TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 3110 CC~0 7774 FROM: PATRICIA C MOORE RE: CONLON ZBA HEARING SEND TO: FEES: TOTAL $ POSTMARK OR DATE RECEIPT 7192 6463 3110 co~o 7781 FROM: SEND TO: JAMES & JANET GANNON RECEIPT FROM: SEND TO: JAMES GANNON 200 CENTRAL AVE LYNBROOK NY 11563 FEES: t~ postage 04~= FEES: .t,~( TOTAL PosTMARK OR DATE TOTAL $ 5.~ pos~K ~ DATE :1 PATRICIA 51020 MAIN ROAD SOUTHOLD NY 11971 C. Date of Delivery, (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 7774 J 7192 6463 3110 0000 7774 1. A~lcle Addressed To: KATHLEEN CHAMBERLAIN PO BOX 406 PECONIC NY 11958 PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 Clearly) 4. Restricted Delivery? 3, Service Type i (ExtraFee) []Yes CERTIFIED l"Am:l:9N;m:~63 3110 0000 ?743 7192 6463 3110 0000 7743 Article Addressed To: PATRICIA BOOTH 17235 SOUNDVIEW AVE SOUTHOLD NY 11971 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 Date of Delivery I(ExRes~ricted Deriv~y? 3. Service Typ~ tra Fee) []Yes CERTIFIED Article Numbe 7192 6463 3110 0000 7767 7192 6463 3110 0000 7767 Article Addressed To: FRANK COVINO 445 BURTIS PLAE PO BOX 582 PECONIC NY 11958 NANCY CONLON NEIGBHOR LIST 1000-67-4-8 JOAN LEAVITT 10 CLINTON STREET BROOKLYN NY 11202 SCTM: 1000-67-4-7 EDWARD & PATRICIA BOOTH 17235 SOUNDVIEW AVE SOUTHOLD NY 11971 SCTM: 1000-67-4-9 PATRICIA BOOTH 17235 SOUNDVIEW AVE SOUTHOLD NY 11971 SCTM: 1000-67-4-16 ROBERT & ANITA BUSBY 375 BURTIS PLACE PO BOX 129 PECONIC NY 11958 SCTM: 1000-67-4-17 FRANK COVINO 445 BURTIS PLAE PO BOX 582 PECONIC NY 11958 SCTM: 1000-67-4-18 KATHLEEN CHAMBERLAIN PO BOX 406 PECONIC NY 11958 SCTM: 1000-67-3-7 JAMES & JANET GANNON 200 CENTRAL AVE. LYNBROOK NY 11563 SCTM: 1000-67-3-8 JAMES GANNON 200 CENTRAL AVE. LYNBROOK NY 11563 SCTM: 1000-67-3-9 E 4. Restricted Delivery? 3. Service Type PATRICIA C. MOORE 51020 MAIN ROAD (ExtraEee) r--~Yes CERTIFIED SOUTHOLD NY 11971 2. Article Humber / ~'-~.,~ 7192 6463 3110 0000 7750 Received ay: (Ple¢~ Pr nt Clearly)~ ' ~," ' / ~ ~ ~4¢ '~ /~Or¢~ '". ' '~'~B 6463 ~00000 7750 O. Addressee'sAddress(~i~*~tF~m~ad~**u~ea~S~.d.O ROBERT & ANITA BUSBY 375 BURTIS PLACE PO BOX 129 PECONIC NY 11958 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 i 4. Restricted Delivery? 3. Service Type CERTIFIED (Extra Fee) [] Y es 2. Article Number 7192 6463 3110 0000 7736 Receive~-By~ (P~ea~e'~Pri~t Clearly) Date of Delivery 7192 6463 3110 0000 7736 Article Addressed To: EDWARD & PATRICIA BOOTH 17235 SOUNDVIEW AVE SOUTHOLD NY 11971 , PATRICTA C. M SlOeO .A, ZN RO :1 SOUTHOLD NY 11971 E ressee or [~ Agent) Received By: (Please Print Clearly) Date of Delivery · w4. Restricted Deliver 3, Service Type I(Extr; Fee) [] yr~ CERTIFIED /2. Arti::~m:e~63 3110 0000 7781 lillllillllllll]llt[lllllll1111111111 7192 6463 3110 0000 7781 I, Article Addressed To: JAMES & JANET GANNON 200 CENTRAL AVE. LYNBROOK NY 11563 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 ~7192 6463 3110 0000 7729 C. Date of Delivery 1. A~lcle Addressed To: JOAN LEAVITT I~CLINTON STREET BROi~KLYN NY 11202 :1 PATRICIA C- MOORE I 51020 MAIN ROAD SOUTHOLD NY 11971 ,I 2, Arti;l;9i~m::63 3110 0000 7798 A. Signature: ([3Addressee or 53Agent) Received By: (Please Date of Delivery 7192 6463 3110 0000 7798 1. Article Addressed To: JAMES GANNON 200 CENTRAL AVE. LYNBROOK NY 11563 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of NANCYCONLON AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-67-4-8 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Nancy Conlon, residing at 310 Huntington Blvd., Peconic, New York 11958 being duly sworn, depose and say that: On the\\ day of October, 2010, 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, OCTOBER 21,2010. Sworn to before me this ~--~c_~ ~ day of October, 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: August 30, 2010 To: Michael Verity, Building Department From: Board of Zoning Appeals RE: Conlon, your file #31842 Comment: We have received an application for a special exception for an accessory apartment in an accessory structure from Pat Moore, regarding Nancy Conlon, 310 Huntington Blvd., Peconic. The Board is requesting comments from you and a history of the property. Thank you. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: August 23, 2010 To: Damon Rallis, Code Enforcement From: Board of Zoning Appeals RE: Conlon, your file #1138 Comment: We have received an application for a special exception for an accessory apartment in an accessory structure from Pat Moore, regarding Nancy Conlon, 310 Huntington Blvd., Peconic. The Board is requesting comments from you and would like you to attend the hearing in the future to answer any additional questions. Attached are three surveys, the Board would like a history of the property also. I have your file and the building department file. I am retuming both to you. Thank you. BOARD MEMBERS Leslie Kanes Weisrnan, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider December 6, 2010 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Fint Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Patricia Moore, Atty. 51020 Main Rd. Southold, NY 11971 Re: ZBA Appeal #6419 - Conlon Dear Ms. Moore: Enclosed is a copy of the Board's December 2, 2010 determination filed today with the Town Clerk regarding your application. Sincef-~, Vicki Toth Encl. Copy of Decision to: Town Clerk (original) Building Department ,® SUFFOLK