HomeMy WebLinkAbout6429'23
30645 County Road 48
Peconic, NY 11958
631-920-2664
RECEIVED
Zoning Board of Appeals
Town of Southold
Southold, NY 11971
BOARD OF APPEAL~
To Whom It May Concem:
I am writing to request that you withdraw my application to the Board for a permit for an
accessory apartment in an accessory building. I apologize for the lateness of this request,
but our expected tenant is no longer able to commit to occupying the apartment, so we
are not comfortable going forward with this plan.
I would also request that the Board be informed that given this, we will be moving
forward on an alternative path to secure a Certificate of Occupancy for the building in
very short course.
Thank you for your assistance.
Sincerely yours,
Andrew Greene
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
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Applicant(s),
Andrew and Elizabeth Greene of
Parcel Location: House No. __30653_ Street __County Road 48
RECEIVED
OCT 1 5 ZOlO
BOARD OF APPEALS
Application No.
Date Filed:
Hamlet Peconic
SCTM 1000 Section 73 Block 4 Lot(s) __5__ Lot Size 1.92 acres Zone Dis~'ict R-80
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE , SECTION , SUBSECTION
for the following uses and purposes (project description):
Rent out ·ccessory ·p·rtment in ecceesory building to · resident of the Town of
Southoid who is on the Southold Town AftoFd·ble Housing Registry.
as shown on the attached survey and/or site plan drawn to scale, and the attached floor plan(s) drown to
scale.
A. Statement of Ownershin and Interest:
Andrew and Elizabeth Greene are the owners of property known and referred
to as 30653 County Road 48, Peconic, NY
(House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District 1000, Section __
Lot 5 , and shown on the attached deed.
73 , Block__4__.,
The above-described property was acquired by the owner on __
_April 8, 2002
B. The applicant alleges that the approval of this exception would be in harmony with the intent and
purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore
in said ordinance and would not be detrimental to property or persons in the neighborhood for the following
reasons:
Approval of this exception would provide a nice apartment at a very reasonable price for a Southold
resident on the Affordable Housing Regis~y without any detrimental effects. There are no neighbors
anywhere near this property. There is plenty of space for parking and said parking is also not near any
neighbors.
RECEIVED .'!~
C. In addition to meeting the standards prescribed by the zoning ordinance, the follcl~RD OF APPEALS
requirements will be met:
1. The accessory apartment will be located in the accessory building.
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.
The 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.
3. The accessory apartment shall contain not less than four hundred fifty (450) square feet of
livable floor area.
4. The accessory apartment shall not exceed 750 sq. fi. of livable floor area of the accessory
building and shall be located on one floor with only one full bathroom.
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.
6. Not more than one (1) accessory apartment shall be permitted on this parcel.
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.
8. The accessory apartment will meet the requirements of an apartment as def'med in Section
280-4 of the Zoning Code.
9. This conversion shall be subject to a building permit, inspection by the Building Inspector and
Renewal of Certificate of Occupancy annually.
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.
11. ThE existing building, tugether with this accessory apartment, shall comply with all other
requirements of Chapter 280 of the Town Code of the Town of Southold.
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.
D. The property which is the subject of this application is zoned R-80 and
[ ] has not changed since the issuance of the Certificate of Occupancy attached.
[ ] has chauged or received edditional building permits and Certificates of Occupancy for these
changes, which are attached or will be furnished.
[ X] has been subject of a prior ZBA decision(s), copies are attached.
Owner Signature
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
Swor to b fore me this day of
(Notary Public) "
PAIRI¢IA RICHERT
Notary Public, State of New York
No. 30-4741154
Quslified in Nassau / Su~l¥Coun~es.~
Commission Expires /C2/
,20 /6-).
't
SCDHS ReL # R10-02-0014
TEST HOLE
o
C,'eye~' Loam ~x~ ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OL ?'
Br. S/fly Send - \
SM ~
-~ 8.5
W~fer Z~ Grey' ~1,
~E~ER L~- '
~ROVDE ~E~ ~
TEST NOL~ . 2
OF SECTION 7~.09 OF THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209 - SUBOIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNATURE APPEARS HEREON.
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY'
-- '~=~ ~ 4MUST ¢E USED BY ANY AND ALL SURVEYORS UTILIZING A COPY
v~ ~'~ OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND
'BROUGHT - TO "DATE' ARE NOT IN COMPLIANCE WITH THE LAW.
I em fomilior with the STANDARDS FOR APPROVAL
AND CONSTRUCTION OF SUBSURFACE SEWAGE
DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES
and will abide by lhe conditions sol forlh lhereln and on the
permll 1o consfrucl.
SEWER LINE-
PROVIDE CLEANOUT ' ~'~
EVERY 50' MIN.
Sc¸
The locations of wells and cesspools
shown heDeon ore from field obserwfions
and or from dol~ obldned from others.
COASTAL FROSION HAZARD LINE
COASTAL EROSION HAZARD AREA MAPS
PHOTO NO, 57 - 556 - 83
CERTIFIED TO'
ANDREW d. GREENE
COMMONWEAL TH LAND TITLE INSURANCE COMPANY
ULSTER S. 4 VINGS BANK
Brown silly
$ond SM
We!er ~
d/fy send
SM
F/o/or In
brown clayey
send and
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medium sand
SP
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/9'
,El'
46'
WR~.~ W~TH EASEk~T TO__
ROAD C, RANTED TO
e ~ET_L
CP. 150'
ELEVA TIDNS ARE REFERENCED TO N.G. V.D.
· = MONUI~NT
· =PIPE
AREA = [9491 acres
to tie line
O~Ullrn'Y \
S. 40 5710 W. 129.66
. THCIIg4 S P. MoGUNNIGL E
/ PONDi
' ' ' J CRCSSECTION- SEPTIC SYSTE~
PRDT~JED SEPTIC
i FO?t..'~ DEE~ Wi'TH ~' CLE~N
SAND COLLAR RC~OVE MA 7ERIAL
DOWN TO S~NB S~ AND
imray OF PROPERTY
A T PECONIC
TOWN OF SOUTHOZD
UFFO K GOUN[
~00 - 73- 04 - 05
SCALE.. 1" = 60'
DEC. 26, 2001
TES~ HOI. E # I SL
O' ~ ~o MAY 15, 2008
23'
28
N/O/p dONm ' ~
Fine Br. Send
& Slll~ Trace
Small Ia Fine
Gr., lroce ~r.
Silly Cloy SM
Fk~e Br. & '
G, ~.d~h Br.
Sand 6 Slit,
Some Greyish
Br. Si/fy Cfoy~
Trace GR. SM
Coarse to~
Br. E Dar~
Br. Sand,
Some Gravel
S~;r,u Br.
Greyish
Silly Cloy SM
Coarse Io
Fine Br. Sand
& Fine
lo Med.
Comr~ fo
Br. Sand ~
smd' lo
36'6 '
RECEIVED
[;CT
BOARD OF APPEALS
f6~) 765 - 5020 FAX ~J-~- 1797
P. O. BOX 909
1250 TRAVELER STREET
SOUTHOLD~ N.Y. 11971
O1- 255
Pt~H
(~ ~ooF PLX~.M
RECEIVED
OCT 1521110 c~/~"
BOARD OF APPEALS
Job Date
Elizabeth Thompson. Architect ~r~¢,61411; ~,6~1~¢'~r.~4/1~/0~, · '~ /
250 Mercer St. Suite B 806 Title Scale A
New York, NY 212-614-7180 · '~-
30653 County Road 48
Peconic, NY 11958
631-920-2664
October 15, 2010
OC1 1 5 2~K~
BOARD OF APPEALS
Zoning Board of Appeals
Town Hall Annex
Southold, NY 11971
To Whom It May Concern:
Enclosed please find 8 collated sets, with one signed original, which include the Special
Exception Application for Accessory Apartment in Accessory Building and the required
documents that go along with it.
I would like to request that when this matter is scheduled for a hearing that our other
pending application, regarding setbacks for a swimming pool, be reopened for hearing at
that same time.
If there are any questions or other matters requiring discussion, please contact me at the
number above.
Sincerely yours,
Andrew Greene
Enclosures
DECLARATION OF COVENANTS AND RESTRICTIONS
DECLARATION made this ay o ,. ,
GREENE and ELIZABETH GREENE, both residing at-/30653 County R~l(1',"P~l~b'nic,
New York, owner, hereinafter referred to as the "Declarant". OGT
WlTNESSETH:
BOARD OF APPEALS
WHEREAS, the Declarant has title to certain land situate, lying and being at
30653 CR 48, a/k/a Middle Road or North Road), Peconic, Town of Southold, Suffolk
County, New York, SCTM 1000-73-4-5 said land being more particularly described in
Schedule A which is attached hereto; and
WHEREAS, the Declarant has applied to the Town of Southold Board of Appeals
for a variance application for non-permitted use of an as-built accessory building (as-
built accessory apartment) which was withdrawn by the appl'icants and an amended
application was made requesting a variance for side yard setback at 10 feet of the
accessory building, proposing conformity of the building floor area, with one of the
following two options: (1) proposing an addition converting the building to a conforming
use and connecting the accessory garage to the dwelling, resulting in only an area
variance for a side yard setback at 10 feet instead of the code required 20 feet from the
side yard property line provided under Code Section 280-14, or (2) proposing the as-
built setback in the event the connection to the dwelling is not built for a 10 ft. side yard
setback after converting the as-built accessory garage to a conforming use as per Code
(without the as-built kitchen, bedroom/sleeping facilities, full bathroom).
WHEREAS, the Town of Southold Board of Appeals in a decision dated May 28,
2009, after holding a public hearing on this application on January 8, 2009 and April 23,
2009, at which time the Board received written and oral evidence and based upon all
testimony, documentation, personal inspection of the property and other evidence,
denied the application requested concerning the as-built structure, denying a second
dwelling on this property and denying an accessory garage with nonconforming kitchen
and/or sleeping quarters.
WHEREAS, the Zoning Board granted the following relief as requested in the
amended application in its May 28, 2009 decision subject to the following conditions:
1. A second kitchen or second dwelling is not permitted on the premises.
2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector
and the property owner are requested to (a) notify the Zoning Board of Appeals that the
above conditions have been completed and (b), when completed, to contact the Board
of Appeals and arrange for an inspection by a representative of the Zoning Board of
Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of
acceptance or other steps to conform to the above condition).
3. The connection from the house shall be heated, conditioned space connecting
the accessory structure, for the purpose of meeting the use provisions of the zoning
code for only one-single family dwelling unit on the premises. The connection shall be
as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height).
4. The Board requires a certified copy of the plans and specifications regarding
the one-story connection unit together with the type of heating, lighting and foundation
for the structural connection.
5. Alternatively, if owner decides not to attach the accessory building to the main
dwelling by conditioned space/connection, a certified copy of the plans and
specifications prepared by a licensed professional is required, with removal of kitchen
and any other nonconforming area, for conformity as an accessory buildin~l~:~iVEi~de
before a Certificate of Occupancy is issued.
{}CT 1 5 2010
NOW, THEREFORE, this Declarant witnesseth:
BOARD OF APPEALS
That Declarant, for the purpose of carrying out the intentions expressed above
does hereby make known, admit, publish, covenant and agree that the said property
herein described shall hereafter be subject to the following covenants which shall run
with the land and shall be binding on all purchasers and holders of said premises, their
heirs, successors, and assigns, to wit:
1. A second kitchen or second dwelling is not permitted on the premises.
2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector
and the property owner are requested to (a) notify the Zoning Board of Appeals that the
above conditions have been completed and (b), when completed, to contact the Board
of Appeals and arrange for an inspection by a representative of the Zoning Board of
Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of
acceptance or other steps to conform to the above condition).
3. The connection from the house shall be heated, conditioned space connecting
the accessory structure for the purpose of meeting the use provisions of the zoning
code for only one-single family dwelling unit on the premises. The connection shall be
as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height).
4. The Board requires a certified copy of the plans and specifications regarding
the one-story connection unit together with the type of heating, lighting and foundation
for the structural connection.
5. Alternatively, if owner decides not to attach the accessory building to the main
dwelling by conditioned space/connection, a certified copy of the plans and
specifications prepared by a licensed professional is required, with removal of kitchen
and any other nonconforming area, of conformity as an accessory building as per code
before a Certificate of Occupancy is issued.
6. These covenants are intended for benefit of and shall be enforceable by the
Town of Southold by injunctive relief or by any other remedy in equity or law. The
failure of the Town of Southold to enforce same shall not be deemed to affect the
validity of this covenant nor to impose any liability whatsoever upon the Town of
Southold or any officer or employee thereof.
7. In the event that the Southold Town Code is amended to permit more than
one single family detached dwelling on a property or living space in a detached
accessory, then, and in that event, the restrictions imposed by these covenants shall be
of no force and effective and shall be null and void without necessity of further action.
8. If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a court of competent jurisdiction, be adjudged
illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole or any other part or provision hereof other than
the part so adjudged to be illegal, unlawful, valid or unconstitutional.
THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs,
successors and assigns, and any and all person or persons who shall succeed to the
ownership of said premises of any part thereof by transfer or otherwise.
IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the
day and year first above wdtten.~W~'~~ENE
ZAp' ' RECEIVED
STATE OF NEW YORK )
SS.:
COUNTY OF ~(¥%k-k )
BOARD OF APPEALS
On this~)~iOI day of t-~L,~p.,=)~-%- , in the year 2009, before me personally
appeared ANDREW GREENE &'E'LIZABETH GREENE, known to me or proved to me
on the basis of satisfactory evidence to be the individuals whose name is subscribed to
the within instrument and acknowledged to me that they executed the same in their
capacity and that by their signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
4
/ N°ta( ;l l c'
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
RECEIVED
OCT ] ~ Z0'0 ~Z-~
BOARD OF APPEALS
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 34775 Z Date JUNE 15, 2009
Permission is hereby granted to:
AiqDREW & ELIZABETH GREENE
30653 CR 48
PECONIC,NY 11958
for :
ADD. & ALT. TO AN EXISTING DWELLING & CONSTRUCTION OF A NEW
ACCESSORY GARAGE. 2 C/O'S REQUIRED SIMULTANIOUSLY.REPLACES EXP.BP# 33002
at premises located at 30653 CR 48
County Tax Map No. 473889 Section 073 Block
pursuant to application dated JUNE 15, 2009
Building Inspector to expire on DECEMBER 15,
PECONIC
0004 Lot No. 005
and approved by the
2010.
Fee $ 593.40
Authorized Signature
COPY
Rev. 5/8/02
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
RECEIVED
0CT1520t0
BOARD OFAPPEALS
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 33002 Z Date MAY 4, 2007
Permission is hereby granted to:
for :
ANDREW J GREENE
1220 SIGSBEE ROAD
MATTITUCK,NY 11952
ADDITION & ALTEP~ATIONS TO AN EXISTING DWELLING & CONSTRUCTION OF A
NEW ACCESSORY GARAGE.2 C/OS REQUIRED SIMULTANIOUSLY. PERMIT REPLACES BP # 3068(
at premises located at 30653 CR 48
County Tax Map No. 473889 Section 073
pursuant to application dated APRIL
Building Inspector to expire on NOVEMBER
PECONIC
Block 0004 Lot No. 005
26, 2007 and approved by the
4, 2008.
Fee $ 593.40
Authorized Signature
COPY
~ev. 5/8/02
Town Hall. 53095 Main Road
P.O. [lox 1179
Southold. New York 11971-0959
October 12th, 2006
Andrew J. Greene
30653 CR 48
Peconic, N.Y. 11958
BUILDING DEPARTMENT
TOWN OF $OUTHOLD
Fax (6311 765-9502
Telephone (631 ) 765-1802
OCT 1 52010
BOARD OF APPEALS
RE: 30653 CR 48
SCTM# 073 0004 005
Dear Mr. Greene,
Please be advised that your Building Permit #30680 issued October 4th, 2004 has
expired. According to the Code of the Town ofSouthold, a Certificate of Occupancy
must be issued prior to use of the structure.
To renew your Building Permit, please submit a fee of $593.40 at that time we can
schedule an inspection by one of our Building Inspector's.
If you have any questions, please call us at 631-765-1802.
Respectfully,
SOUTHOLD TOWN BUILDING DEPT.
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEP~RTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
BOARD OF APPEALS
No: Z-31004 Date: 06/23/05
THIS c~TIFIES that the building
NEW DWELLING
Location of Property: 30653 CR 48 PECONIC
(HOUSE NO.) (STREET) (}U%MLET)
County Tax F~ap No. 473889 Section 73 Block 4 Lot 5
Filed Map No. __ Lot No. __
Subdivision
conforms substantially to the Application for Building Permit heretofore
filed in this office dated APRIL 11~ 2003 pursuant to which
Building Permit No. 29436-Z dated MAY 28~ 2003
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is ONE FAMILY DWELLING WITH DECK~ COVERED PORCHES~ SECOND FLOOR DECK AND
OUTDOOR SHOWER STALL AS APPLIED FOR.
The certificate is issued to ANDREW J GREENE
(OWNER)
of the aforesaid building.
SO-FFOLK CO%~fY DEPARTMI~qT OF H]~ALTH APPRO%~kL R10-02-0014 06/23/05
E~.RC-x~ICAL CERTIFICATH NO. 2027109 05/11/05
PLUMBERS CERTIFICATION DATmu 06/15/05 MINE JACOBI PLUMBING
Authorized Signature
Rev. 1/81
the fc~
BOARD OF APPEALS
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
2. At
Propel
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gouthol
I. Plea:
~rrent 1
· the ac
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$400.
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entati
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'ions
Th~ Town of Southold's Code of Ethic~ ~rohibits conflicls of interest on ~he am of town officers and emvlovees. The vu,~ of
this form is to orovide inf~,,,,.;;,m which can alert the town of anssible conflicts oflnterest and allow it to take whatever act/on
YOURNAME: //~Pi~.ePv' ,~~ 6~,'v~
(Last name, first name, middle initial, unless you are applyi~ in the na~ae of
someone else or other cofity, such as a company. If so, |ndieato the other
NAME OF APPLICATION: (Che~k all that apply.)
Variance ~
Change of Zone
Approval of plat
Exemption from plat or official map -
Other
(If"Other", name the activity.) ~)' ~'C {/FL_
Building
Trustee
Coastal Erosion
Mooring
Planning
Do you personally (or through your company~ spouse, sibling, pamat, or child) have a relationship with any officer or employee
of Ihe Town of Southold? "Relationship" include~s by blood, marriage, or bus/ness interest. "Business interest" means a busineas,
including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a coqx~ration
in which the town officer or employee owns more than 5% o.~f the shares.
YES NO
If you answered "YES", complet~ the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or gnsitico of that person
Des~xibe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
· The town officer or employee or his or her spouse, sibling, parent, or child is (cheek all that apply):
A) the owner of greater than 5% of the shares of the co.orate stock of the applicant
(whea the applicant is a corporation);
B) the legal or b~a~ficial owner of any interem in a non-coqx~rate entity (when the
applicant is not a corporation);
__.C) an oJ~eer, director, partner, or employee oftbe applicant; or
__])) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
Reg. Copy
Other
5O0
Sub Total
Sub Total
GRAND TOTAL
~ Total
~ec,/Assit.
Or
Spec./Add.
Dual Town__ Dual County __
Held for Apportionment __
Transfer Tax
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two famil~
dwelling only.
YES or NO
If NO, see appropriate tax clause on page tt
__ of this instrument.
Stamp
Date
Initials
7
9
Real Property Tax Service Agency Verification
Dist. Section B lock
Lot
02006955 1.000 07300 0400 OOSO00
~,~,06-M AY-02'
Satis£actions/Discharses/Releases List Prope~ Owners ~aJlin8 Address
RECO~ & RETU~ TO:
Corrmaunity Preservation Fund
Consideration Amount $ <g..~[,-~t90,,~
CPF Tax Due
TD
TD
TD
Title Compan~ Information
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~) ff~'~'~
(spEcIFY TYPE OF INSTRUMENT )
TO
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the Township of
In the VILLAGE
or HAMLET of
made by:
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
BETWEEN
~ J. ~ residing at 28 W. 73 rd Street, Apt. B, New York, NY 10023
)any of thc second pan,
WITNF~SETH, that the party of the first part, in consihera6on of ten dollars and other valuable consideration paid by
the party of Ihe second pa~. does hereby grant and release unto the party of the second part, the heirs or successors and
assigns of the pa~y of the second pan forever,
ALL that certain plot, piece or parcel of land, with Ihe buildings and improvements thereon ere¢led, situate, lythg and
BEING thesamepremisesdescribedinthe deed totheparties oft he firstpart
hereinbydeed%ot~grantor in Liber/Reel 8837page436.
~rantor herein being the same person as the grantee in a certain
~eed recorded in Reel 8837 page 436.
BOARD OF AppEALS
Slate of New York, County of , SS;
On the dey of . in the year , before me,
the undersigned, personally appeared
personally known to me or proved to me or) the basis of
saUstoclory evidence to be ~he Individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged lo
me that he/she/lhey executed the same in his/her/their
capacity(ies), and that by hie/her/their signature(s) on the
inslrument, the individual(s) or the person upon behalf of which
the Individual(s) acted, executed lhe inslrument.
Acknowledgement by Subscribing WltnNa taken In New
York State
Stale of New Yolk, County of , SS:
On the day ot , in the year , before me
the undersigned, personally appeared
the subscribing witness to Ihe ~oregoing instrument, with whom
I am personally acquainted, who being by me duly sworn, did
depose and say, that hs/sheShey reside(s) In
Stele of New York, County of . SS
On the day of . in the year , before me
the undersigned, personally appeared
personally known to me of proved to me on the basis ol
eatistoc~ty evh3ence to be the IndJv~thJal(s) whose name(s) is
(are) subscribed to the within instrument end acimowiedged to
me that he/she/they executed the same in his/her/their
capeclly(tos), and that by his/her/their signature(s) on the
instrument, the individual(s) or the demon upoa behalf of which
the individual(a) acted, executed the thslrumem.
Notary Public
SECTION 73 ~ LUC~ H F~n~e~
LOT 5
Distributed by
Chicago Title insurance Company
Ed~ard p. Reale, Esq.
33 W. Second St., PO Box 398
Rlverhead, NY 11901
Zip No.
b,,o ?~-~."5~.' TOWII ~IF SOUTHOLD PROPERTY RECORD CARD
:~O~ER ~N~ ~~ J' N . I E - :, I ACR. I
q~Q ~, lZ,~ ~o~p. J S J W J ~PE OF BUILDING
~,~D IMP. TOTAL DATE R~RKS
. , b~ , e ~ ' ,.
illoble
%odland
~eadowlond
ouse Plot
)tal
F :
DEPTH
BULKHEAD , " .' 1.-
73.-4-5 3/06
Extension
F~"tension
Porch
Foundation
Basement
Ext[ Walls
Fire Place
Patio
OoBo
Total
Type Roof
Recreation ROom
Both
Floors
Interior Finish
Heot
Rooms 1st Floor
Rooms 2nd Floor
Dinette
K.
LR.
D°rmer
Driveway
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
Fax (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
October 18, 2010
Zoning Appeal No. 6429
Transmitted herewith is Zoning Appeals No. 6429 of Andrew & EHzabeth Greene- the
Application to the Southold Town Zoning Board of Appeals for Special Exception Accessory
Apartment in an Accessory Building. Also enclosed is the Applicant's Transactional Disclosure
Form, Cover Letter from Andrew Greene Dated October 15, 2010, Copy of Declaration of
Covenants and Restrictions Dated August 31, 2009, Copy of Building Permit No. 34775 Z Dated
June 15, 2009, Copy of Building Permit No. 33002 Z Dated May 4, 2007, Letter from Building
Department Dated October 12, 2006, Copy of Certificate of Occupancy No. Z-31004 for One
Family Dwelling Dated June 23, 2005, Copy of Suffolk County Recording & Endorsement Page
Dated May 6, 2002, Copy of Deed, Copy of Property Record Card (Both Sides), Copy of Survey
Showing Existing & Proposed Construction Dated March 29, 2010 Prepared by Peconic
Surveyors, 1 Page of Plans Showing Floor & Roof Dated April 18, 2008 Prepared by Elizabeth
Thompson, Architect.
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 10/15/10
* * * RECEIPT * * *
ReceipUt: 93246
Transaction(s):
1 I
Application Fees
Reference Subtotal
6429 $400.00
Credit Card
Total Paid: $400.00
Name:
Greene, Andrew
30653 Cr 48
Peconic, NY 11958
Clerk ID: CAROLH Internal ID: 6429
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 SOUTI-IOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, DECEMBER 2, 2010
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~ DECEMBER 2~ 2010:
10:30 AM - ANDREW GREENE #6429 - Applicant requests a Special Exception under
Article III, Section 280-t3B(13). The Applicant is the owner requesting authorization to
establish an Accessory Apartment in an accessory structure, Located at: 30653 Route 48,
(adj. to Long Island Sound) Peconic, NY. SCTM#1000-73-4-5.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (63t) 765-1809, or by email:
Vicki.Toth~,Town. Southold.ny.us,
Dated: October 29, 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
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
GREENE, ANDREW
MAP #
73-4-5
VARIANCE Special Exception
REQUEST Accy. Apartment in Accy. Bldg.
DATE: WED., DEC. 2, 2010 10:30 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
10015 NOV ~ $ 2010
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
~UAROOF,~N~Ai.$
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
18th dayof November, 2010.
Principal Clerk
Sworn to before me this
day of ,~ ,
2010.
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY DECEMBER 2, 2010
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
suant to Section 267 of theTown Law and
Town Code Chapter 280 (Zoning), Town
of Soutbold, the following public hear-
ings will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP
PEALS at the Town Hall. 53095 Main
Road, RO. Box I179, Southold, New
York 11971-0959, on ~
9.30 AM - MICHAEL $. and KATH-
LEEN M. HANNAFIN ~6427 - Request
for Variance from Code Sections 280-
124, based on an application for buiIding
permit and the Building Inspector's Sop
tember 20, 2010 Notice of Disapproval.
concerning proposed additions and al-
?rations to existing single-family dwe0-
~ng, at 1) less than the code required
front yard setback of 35 feet, 2) less than
the code required rear yard setback of
35 feet. Location; 280 Munn Lane Ori-
ent, NY SCTM#1000-174-2.
9:$0 AM - H~NRY L FERGUSO~
~ 2 Requests for
variance from Code Section 280-14,
based on an application for building
permit and the Building Inspector's
September 20, 2010 Notice of Disap-
proval concerning a lot line change: two
non-conforming lots at less than the
code required 120,000 sq. ft. in a R120
zone. Location: Clay Point Rd. (adj.
to West Harbor), Fishers Island, NY
SCTMg's:1000-7-1-6.1, 7 & p/o 10.
10.10AM - CHESTER and WENDY
~ - Applicant r~-
quests a Special Exeeptinn nnder Article
!II, Section 280-13B(13), The Applicant
Is the owner requesting authorlza0on
to establish an Accessory Apartment
in an accessory structure. Location:
1905 St01water Ave., Cutchngue, NY
10~a,0 AM . ANDREW GREENE
IK~429 - Applicant requests a Special
Exception under Article Ill, Section
2g0-13B(13).The Applicant is the ownei
requesting authorizatinn to establish an
Accessory Apartment in an accessory
structure. Location: 30653 Route 4~,
(adj. to Long Island Sound) Peconic, NY.
SCTMg1000-73-4-5.
~0'.50 AM - ANNE MARINO AN_D
~BERNARD TELSEY #643_2 - Request
for Variance from Article III. Code Sec-
tion 280-15, based on an application for
building permit and the Building
spector's September 20, 2010 Notice of
DisapprovaI, concerning proposed ac-
cessory in-ground swimming pool at: 1)
location other than the code required
rear yard. Location: 465 Old Harbor Rd.
(ROW), New Suffolk, NY. SCTM#1000-
117-3-11.5.
11:10 AM. DONALD B. and SANIS
G. ROSE ~6430- Requests for variances
from Code Section 280:i24, based on an
application for building permit and the
Budding Inspector's September 10, 2010
Notice of Disapproval concerning re-
constzuetion of a single family dwelling:
(1) less than the code required combined
side yard setback of 25 feet (2) less than
the code required rear yard setback of
35 feet. Location; 145 King Street Ori-
ent. NY. SCTMg1000-26.1-23.
Carryover Heatings, continued from
prior meetings and pending additional
information:
Adjourned from Public Hearing Sep-
tember 23, 2010:
1:00 PM - LOUIS and ELIZABETH
MASTRO g 6417- Request for Variance
from Code Sections 280 116(B) and 280-
124, based on an applicatinn for build
ing permit and the Building Inspector's
June 14, 2010, amended September 8.
2010. Notice of Disapproval concerning
proposed demo}dion and reconstrnc
NOI'ARY PUBLIC-$TAT~ OF NEW YORK
No, 01.VO6108060
Quallfle¢~ In Suffolk County
t~on of a new single family dwelling
, , . code required ~0 sq. ft. L~a on 405
· ) less than the code required buIkhead ,
~ilvate Rd. ~3 and ROW, (adj, to Jockey
setback of 75 feet, 2) less than the code ~,~.~), Southold. NY. S~Mgl~-70-
required minimum side yard setback of
10 feet, 3) less than the code required _~ PM - THOMAS V. PERILLO
total combin~ side y~ds of 25 feet, 4) j~. ~. Request for %fiance fro~
lessthanthecoderequiredrear yardset- Article II1, ~e S<tion ~15, based
back of 35 feet. Location: 1595 Bayview
Ave., (adj. to Arshamomque Harbor)
Sou thold, NY. SCTM#1000-52-5-9.
Re-opened from Public Hearing Oc-
tober 21, 2010
1-30 PM - REGINA'S GARDEN
LLC ~6388 - Request for Variance from
Code Sections 280-i3 and 280-14, based
on an application for building permit to
operate a farm office in a non conform-
i lng building, and the Building Inspec-
tor's March 10, 2010, Notice of Disap-
proval stating that the proposed use on
this parcel in the AC zone is not per-
mitted and exceeds the code permitted
number of uses per the Bulk schedule.
Location: 1150 Sound Ave., Mattituck.
S CTM#i000-120-3-5.
Adjoamed from Public Hearing Oc-
tober 21, 2010:.
2.'00 PM - MARK and SHARON
MELNICK #6426 - Request for Vari-
ance from Article III, Code Section 280-
15, based on an application for building
permit and the Building Inspector's Sep-
tember 23, 2010, amended October
2010 Notice of Disapproval, concerning
proposed accessory garage at 1) less than
the code required front yard setback of
35 feet both front yards, 2) less than the
code required side yard setback ot
feet, 3) square footage of more than the
on an application for building permit and
the Building Inspector's September 23,
2010, amended October 20, 2010 Notice
o f Disapproval, concerning proposed ac-
cessory garage at: 1) less than the code
required side yard setbacg of 10 feet. 2)
location other than the code requi~ed
rear yard. Location: 1410 Great Peconic
Bay Blvd., Laurel, NY. SCTM#1000-145-
The Board of Appeals will hear all
persons or their representatives, desir-
ing to be beard at each hearing, and/or
desiring to submit written statements
before the conclusion of each hearing.
Each hearing vail 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 emaib
Vicki. Tot h @Town. Southold.nv.~s.
Dated: November 1, 2010 '- '
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR.
PERSON
BY: Vicld Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing~JSPS)
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: htlp://southtown.northfork.net
November 1, 2009
Re: Town Code Chapter 55 - Public Notices for Thursday, December 2, 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 November 16th:
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 al_l 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 November 22 nd: 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 November 24th: 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 Postin,q for receipt by our office before November 30, 2010.
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.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold. NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 28, 2009
ZBA File ~235 - ANDREW and ELIZABETH GREENE
Location of Properly: 30653 C.R. 48, a/ida Middle Road or North Road), Peconic; CTM 73-4-5
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under
the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County
Department of Planning issued its reply stating that this application is considered a matter for local
determination as there appears to be no significant county-wide or inter--community impact.
LWRP: This application is exempt under Town Code Chapter 268 for the reason the relief
requested is in a location greater than 100 feet from the top of the Long Island Sound bluffor bank,
and greater than 100 feet from the established Coastal Zone Management boundary line.
PROPERTY FACTS: The property is located in the R-80 Residential Zone District and the
applicant's survey shows approximately 74,000 square feet (1.7 acres) of buildable area, and
approximately 11,200 square feet of unbuildable area north of the Coastal Zone Management
boundary line, or total area of 1.9491 acres. The property is improved with a single-family dwelling
and new garage building under construction (Building Permit # 29436).
..Bg, SIS OF APPLICATION: Request for a Variance under Code Section 280-14, based on the
Building InsPeCtor's March 20, 2009 Notice of Disapproval concerning an amended application for
a building permit to construct an addition (conditioned space) to attach the as-built construction to
the dwelling, which as-built construction will be less than the code-required 20 ft. minimum from the
side yard.
RELIEF REQUESTED (Ori.qinal App cat on) The applicants' odginal application was based on the
Building InspeCtor's Notice of Disapproval dated June 30, 2008 and their building permit application
for non-permitted use of an as-built accessory building (as-built accessory apartment). This
Page 2 - May 28, 2009
ZBA if 6235- Andrew and Elizabeth Greene
CTM 73-4-5 :
variance application was withdrawn by the applicants on March 20, 2009 regarding the use
variance for aS-built accessory apartment and/or home office use in the new garage construction,
which uses were not permitted under Zoning Code Section 280-12 and Section 280-13C-2-a.
RELIEF REQUESTED {Amended Application): Subsequent to the January 9, 2009 public hearing,
the owners submitted an amended appliCation to the Building Inspector, and based on the Building
Inspector's Mamh 20, 2009 Notice of Disapproval, a vadance application was filed requesting a
side yard setback at 10 feet of the accessory building, proposing conformity of the building floor
aroa, with one of the following two options: (1) proposing an addition converting the building to a
conforming use and connecting the accessory garage to the dwelling, resulting in only an aroa
vadance for a side yard setback at 10 feet instead of the code-required 20 feet from the side yard
property line provided under Code Section 280-14, or (2) proposing the as-built setback in the
event the connection to the dwelling is not built for a 10 ft. side yard setback after converting the
as-built accessory garage to a. conforming use as per Code (without the as-built kitchen,
bedroom/sleeping facilities, full bathroom).
FINDINGS OF FACT
The Zoning Bo~ard of Appeals held a public hearing on this application on January 8, 2009 and April
23, 2009, at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board finds the
following facts to be true and relevant:
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
After a groat deal of testimony and discussions between the applicants, the applicants' attorney,
and Board Members at the first hearing on January 8, 2009, the applicants found themselves in a
dilemma since the Board was very reluctant about granting a second dwelling on this prope~ for
the as-built cor'tstruction without permits. This left the applicants with only one of the following two
options: to connect the main dwelling to the accessory building with a heated connection and to
bring the use of the building area into conformity with the Code, or alternatively not connect the
main dwelling to this building and to remove the nonconforming as-built home office and living
space area. (The first option is similar to that required under ZBA File ~L5667 issued March 10,
2005 concemidg premises located in Orient, NY.)
1. Town Law §267-b(3)(b)(3)(1). Grant of the altemative relief (allowing only a setback reduction
on a single side yard) will not produce an undesirable change in the character of the neighborhood
or a detriment to nearby properties. The applicants submitted an amended application, removing
the request for relief for a use variance, and seeking alternative relief to connect their home and
the two story-garage (prosently a detached, separate building with non-permitted living space).
The accessory building that exists is not conforming as built, since it contains as-built sleeping
quarters on the second story and has only 10 feet from the side lot line instead of the code required
20 ft. setback. ! The connection between the two buildings as proposed will be conditioned, heated
space, to bdng.,~the building into cohformity ~th the code for either an accessory building use, or an
Page 3 - May 28, 2009
ZBA # 6235 - Andrew and Elizabeth Greene
CTM 73-4-5
addition to the dwelling. The dimensions of the garage without the connection are 24.3' by 36.2'
and lies 10 feet from the easterly property line. The altemative relief that is requested is an area
variance for the as-built 10 ft. side yard setback, resulting in a 50% reduction in code requirement
from the 20 ft. minimum requirement. The applicants have agreed and will remove all kitchen
facilities, to include wet bar from the as built second story improvements made to the as-built
portions of this building.
2. Town Law §267-b{3)(b){2). The benefit sought by the applicant cannot be achieved by some
method, feasible for the applicant to pursue, other than an area variance.
The applicants have two options: (1) to link the freestanding garage to the two-story, single-family
home, accommodated by a heated hallway-typo connection between the two buildings, to meet the
code use provisions, and not as an accessory apartment, or (2) to convert with a building permit,
the as-built detached garage building to a legal accessory garage without kitchen or sleeping
quarters, applying the 10 ft. side yard variance granted in this application, without the need to apply
with a new application.
3. Town Law §267-b{3)(b)(3). ' The variance requested herein is substantial, resulting in a 50%
reduction from' the code required 20 feet, and there is no aliemative to increase the setback
because the building location was noted as an allowable setback under building permit #
4. Town Law ,~267~b(3}(b)(5). The difficulty is self created and is related to the as built areas of the
accessory garage construction under Building Permit # 29436.
5. Town Law §267-b(3)(b)(4), No evidence has been submitted to suggest that a vadance in this
residential community will have an adverse impact on the physical or environmental conditions in
the neighborhood,
6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate
to enable the applicants to enjoy the benefit of new construction (alternative relief with conditions
as an accessory or alternatively as an addition to the dwelling), while preserving and protecting the
character of the neighborhood.
RESOLUTIONOF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by
Member Weisrfian, and duly carried, to
DENY the"application requested concerning the as-built structure, denying a second dwelling
unit on this property, and denying an accessory garage with nonconforming kitchen and/or sleeping
quarters, AND TO
GRANT relief as requested in the amended application subject to the following conditions:
1. A second kitchen or second dwelling is not permitted on the premises.
Page 4 - May 28, 2009
ZBA # 6235 - Andrew and Elizabeth Greene
CTM 73,.4-5
2. Pdor to the issuance of any Certificate of Occupancy, the Building Inspector and the
property owner are requested to (a) notify the Zoning Board of Appeals that the above
conditions have been completed, and (b) when completed, to contact the Board of
Appeals and arrange for an inspection by a representative of the Zoning Board of Appeals
and followed up in ~ting by ZBA to the Building Inspector, for the purpose of acceptance
or other steps to conform to the above condition).
3. The connection from the house shall be heated, conditioned space connecting the
accessory structure, for the purpose of meeting the use provisions of the zoning code for
only one single-family dwelling unit on the premises. The connection shall be as per code
(at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height).
4. The Board requires a certified copy of the plans and specifications regarding the one-
story connection unit together with the type of heating, lighting and foundation for the
structural connection.
5. Alternatively, if owner decides not to attach the accessory building to the main dwelling
by conditioned space/connection, a certified copy of the plans and specifications prepared
by a licensed professional is required, with removal of kitchen and any other
nonconforming area, for conformity as an accessory building as per code before a
Certificate 'of Occupancy is issued.
6. A Declaration of Covenants and Restrictions shall be submitted in recordable form
within 90 days of the receipt of this decision for approval by the Town Attomey, stating
restrictiOns at this property for limitation of only one single-family dwelling on this property
and garage addition or accessory garage as per code (and with vadance for 10 ft. side
yard. This Covenant must be filed by the applicant's attorney with the Suffolk County
Clerk's.Oflice, and a conformed copy shall be furnished to ZBA and Town Attorney for the
permanent official ZBA and Building Department files.
The above conditions shall be written into the Building Inspector's Certificate of Occupancy, when
issued.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's
diagrams or survey site maps, are not authorized under this application when involving nonconformities under the
zoning code. This .action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly
addressed in this action,
The Board reserves the dght to substitute a similar design that is de minimus in nature for an alteration that does not
increase the degree of nonconformity,
Vote of the Board: Ayes: Members Gce~h_~d~~onFW'~'gr~an, sqn6Gcbneider. -(Member
Oliva was absent.) This ResolutJon. jaas'~Jly ~dol~ted (4-0~ / ~.,,//..'/~,///
>wn Clerl~
So th Id To B a j f App Is
u o wno r o ea
MAIN ROAD- STATIr ROAD g5 c:OL]THOLD, L.I., N.Y. FI971
TELEPHONE (516) 765-180~c
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3294
Application Dated September 20, ]984
TO: Richard F. Lark, Esq. as Attorney
for PETER J. AND MARGARET S.''TROYANO
Main Road Box 973
Cutchogue, NY 11935
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on MarCh 28~ ]985,
the above appeal was considered, and the action indicated below was taken
on your IX] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinan¢
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for .................
Application for-PETER J AND MARGARET TROYAN~, c/o'R.F. Lark, Esq.,
Main Road, 'Cutchogue, NY 11935 for a ygriance to New York TownpLaw,
Section 280-a for approvat o~ a~cess over a private right-of-way lo-
cated on the north ~ide of C~R. 48, Peconic ~alon9 lan~ now or formerly
McGunnigle) to premises kDown and'identified as District 1000, Sectiop.
73, Block 4, Lot 4 ...... ' .'...'~ '., ' , ' ''. ~.~.'.].''' ..
1985,
Appeal
WHEREAS, a public, hearing Was held ~n~'concluded on February 14,
concernin9 the. Matter of'PETER J. 'AND MARGARET S. TROYANO u.~der
No. 3294; and
WHEREAS, the board has considered all testimony
entered into the record during the public.hearing, in
opposition to this application; and
and documentation
behalf and in
WHEREAS, the board members have
with the right-of-way and premises ~n
lng area; and
personally viewed
questio~,.as well
and are familiar
as its surround-
WHEREAS, the board made the following findings of fact:
1. The property in question i~ located in an "A" Residential and
Agricultural Zoning District, is situate along a private right-of-way
which extends approximately 4,238.45 feet from the northerly side of
Middle Road (C.R. 48), at Peconic, and is more. particularly identified
on the Suffolk County Tax Maps as District lO00, Section 73, Block 4,
Lot 4and is
Page 2 Appeal No. 3294
Matter of PETER J. AND MARGARET S. TROYANO
Decision Rendered March 28, 1985
attached garage, and #2, which is presently vacant except for a small
frame storage-type shed situated below the bluff area.
4. It appears from the testimony received that if improvements
were required by this board which would el.evate the road, further
flooding onto neighboring lands would be created.
5. Road Report No. 408 confirms a traveled width of the
r~ght-of-way to vary from ll to 15 feet, and that the road is well-
stabilized with sand, gravel and loam throughout most of the right-of-way.
There are howeve~ a few flooding areas due to the left side sloping down
and a few depressions. Raising the road at the highest existing eleva-
tions would cause additional flooding onto neighboring lands.
6. Subsequent inspections have been made by the board members
and it is their opinion that the most feasible way to help eliminate
flooding and icing of the right-of-way would be to re-grade, and add bank-
run, to an average height of the natural contour of both sides, and as
otherwise noted below.
In considering this application, the board determines that the
variance be granted as noted below since: (a) this right-of-way
appears to be the only principal ingress and e§ress to the appellants'
property and property presently of Reichman; (b) this right-of-way
has been used by appellants since 1956, and the location of same has
been settled by an Agreement dated March 10, 1983, filed under
Suffolk County Supreme Court Index No. 81-22566; (c) the relief
requested is not substantial; (d) there will be no substantial
change in the character of the neighborhood or substantial detri-
ment to adjoining properties if the variance is granted as
conditionally noted below; (e) the circumstances of the appeal
are unique and there is no other method feasible for appellants
to pursue other than a variance; (f) in view of the manner in
which the difficulty arose, justice will be served by allowing the
variance, as indicated below.
Accordingly, on motion by Mr. Sawicki, seconded by Mr.
Grigonis, it was
RESOLVED, to grant approval of access applied for under
Appeal No. 3294 in the Matter of PETER J. AND MARGARET S. TROYANO
over the private right-of-way located on the North Side of C.R.
48 at Peconic to both lots known and identified as District 1000,
Section 73, Block 4, Lot 4, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the entire right-of-way be re-graded for a width of
15 feet extending from its beginning at the north side of C.R. 48
to the lots in question, and further improved as follows:
(a) For the first 245.13 feet of existing bluestone,
depressions to be patched;
(b) For the next 354.87 feet, the right-of-way be brought
up to the average height of the natural contours along both sides
Page 2 - Appeal No. 3294
Matter of PETER J. AND MARGARET S.
Decision R'~'ndered March 28, 1985
TROYANO
(e) For the next 1500± feet, raise to peak elevation of
pipe with bankrun and regrade;
(f) For the next 700± feet running northerly, and 264 feet
running in a westerly direction, fill depressions and potholes with
bankrun and regrade where necessary;
2. COnstant'maintenance of-the entire right-of-way;
3. All improvements to be made within the legal boundaries of
the subject right-of-way;
4. Final acceptance to be made in writing by the Board of
Appeals, of the above conditions and improvements; or~ if made by
Building Inspector, a copy of his written report/acceptance to be
submitted to the Board of Appeals.
the
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
lk
OF SUFFOLK ~ ,~.,' SOUTHOLD
Real Property lex Service ,,.,,,,,-
COUNTY OF SUFFOLK ~ K i , _~ I~,. ~n.T.~.~ J ~cTioN NO