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BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 R£CEJVED outh ld Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16, 2011 ZBA Application No.: 6446 Applicants/Owners: Nancy D. Arnzen Irrevocable Trust Property Location: 145 Wavecrest Lane Mattituck, NY Suffolk County Tax No.: 1000-100-1-12 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 I1 category of the State's List of Actions, without further requirements 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 dated January 4, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. The Zoning Board of Appeals held a public hearing on this application on February 3,2011, 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. PROPERTY FACTS/DESCRIPTION: The subject property is 23,037 square feet with 100 feet of frontage on Wavecrest Road, 231.86 feet on the eastern property line, 99.97 feet on the rear property line and 230.00 on the west property line. The property is improved with a single-family two-story residence and an accessory foundation location as shown on the survey dated January 27, 2003 by Young & Young. The accessory structure has a Certificate of Occupancy dated 9/5/03 confirming that the accessory garage structure was built prior to January 1, 2008. The owner resides in the accessory structure as the owners' principal residence. ADDITIONAL INFORMATION: A number of letters of objection to the legalization of the applicant's as built accessory apartment were received from neighbors of the Saltaire Estates subdivision in which it is located. The Board also heard testimony from neighbors and the subdivision association objecting to the existing Town code that permits the establishment of accessory apartments in accessory structures by Special Exception of the Board of Appeals. However, the Board recognizes that the intent of the Town law was to permit new affordable and family occupied rental apartments in accessory structures and to legalize accessory apartments in accessory structures that were established without benefit of CO or building permits if and when they meet the specific criteria set forth in the code, as determined by the Board of Appeals. Page 2 - February 16, 2011 ZBA File#6446 - Amzen CTM; 1000-100-1-12 FINDINGS OF FACT: 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 complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located on the second floor of the accessory detached garage, with an area of 708 Sq. Ft., in conformity with code requirements as proposed, as described and shown on the floor plan labeled second floor date stamped received by the Zoning Board Dec. 13, 2011 and prepared by Nancy Arnzen. 2. The applicant herein, owns and resides at the property and will continue to occupy the accessory structure as a principal residence while the single family dwelling is occupied in conformance with the code requirements as set forth in Article III, Section 280-13(B)(I 3)0, 1-4) 3. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, attached garage, and accessory garage as shown on the survey by Young and Young dated 1/27/03. 4. The dwelling unit shall comply with the definition of same in §280-4 of the code and comply with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. Only one accessory apartment will be on the subject property. 5. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and the occupancy shall not exceed the number of persons permitted. The owner will comply with Section 280-13(D). An affidavit and required documentation are on record indicting that the principal dwelling is occupied by the applicant's son, and that the applicant resides full time in the accessory apartment. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. 6) Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises meet the requirements as defined in Chapter 280-4 and conform s to Chapter 280~ 13 (B)(13 ) of the Zoning Code for an Accessory Apartment use. BOARD RESOLUTION: On motion by Member Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: Page3 February 16,2011 ZBA File#6446 - Arnzen 1. Owner shall occupy the single-family dwelling or the Accessory Apartment as their principal residence. 2. Certificate of Occupancy shall be obtained from the Building Department, and pursuant to §280-3 (B)(13)and 280-13(D) the rental permit shall be renewed by the Building Department annually. 3. The owner shall install in any second floor accessory apartment a pull down emergency egress chain ladder 4. No Bed and Breakfast shall be permitted on the property, as long as the accessory apartment exists; 5. The applicant must obtain SCDHS approval for water supply and sewage disposal. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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. (Absent was: Member Schneider) (Member Horning by telephone; no voting righ0 This Resolution was duly adopted (3-0). Leslie Kanes Weisman, Chairperson Approved for filing ,~ //7 /2011 / 631-863-4~ DEPARTMENT OF PLANNING S C PLANING DEPT COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE PAGE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING 82 Town of Southold ZBA PO Box I 179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms, Weisman: December 29, 2010 JAN 04 2011 ~)ARD OF APPEALS Pursuant to the requirements of Sections A14-14 thru Al 4-25 of the Suffolk County Administrative Code, the following applications submitled to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact, A decision of local determination should not be construed as either an approval or disapproval, Avolicants _ Munieinal FBeNumbers Todebush, Peter 4170IndianNeckHolding LLC Amzen, NancyD. #6442 #6443 #6446 TRK:ds Very truly yours, Thomas A. Isles Director of Plann/ng Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON ELDG, - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAl. HIGFNVAY HAUPPAUGE, NY 11788-0099 TELECOP[ER (631) 853-4044 N S 0EC 1 3 Z016 O L ~ SO\to'~¢¢ 0 , ~ ~~'V~EWED BY ZB ~~ J SEE DECISION # ~"~ Young & Young 400 Ostra~der Avenue, Riverhead, New York 1190! 631-727-2303 Howard W, Young. £ar~d Surveyor Thomo~ C. rfolpert, Professional Engineer Robert C. Tast, Architec~ Ro~ald E. Pf~hl, Land.cape Architect NOTE AREA = 23.037 SO. FT. ® SUBDIVISION MAP 'SALTAIRE ESTATES' FILED IN ll-tE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON AUG, 3. 1Q66 AS FILE NO..4682. SURVEYOR'S CERTIFICATION · WE HEREBY CERTIFY TO NANCY ARNZEN THAT THIS SURVEY WAS PREPARED IN ACCORDANCE ~TH THE COOE OF PRAC~CE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOClA~ON OF PROFESSIONAL LAND SURVEYORS. SURVEY FOR NANCY ARNZEN LOT 15 "SALTAIRE ESTATES" At Mottituck, Town of Southold Suffolk County, New York County Tax Map District 1000 Section 100 Block 01 Lot 12 FOUNDATION LOCATION MAP PREPARED JAN. 27, 2005 SCALE 1" = 40' JOB NO. 200~-0001 DWi. 2003_O001_~undotlon F:~.ONT ELF_V,ATION ~ECEIVED DEC ~ 3 ZOIO IBOARD OF APPEAI.~ i ,1. 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: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s), Jeffrey Wade Brothers and Rebecca Arnold Co-Trustees of the Nancy D. Arnzen Irrevocable Living Trust dated January 17~ 2006 C/O Patricia C. Moore Esq, 51020 Main Road, Southold NY 11971of Parcel Location: House No. 145 Street Wavecrest Lane Hamlet Mattiuck SCTM 1000 Section 100 Block I~ Lot(s) 12 Lot Size 23~037 SQ,FT, District R-40 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE Ill, SECTION 280-13 (B) , SUBSECTION 13 for the following uses and purposes (project description): ACCESSORY APARTMENT OVER GARAGE IN EXIST1NG 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: Jeffrey Wade Brothers and Rebecca Arnold Co-Trustees of the Nancy D. Arnzen Irrevocable Living Trust dated January 17, 2006 are the owner(s) of property known and referred to as 145 Wavecrest Lane~ Mattituck (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 10~00, Block _ on the at~ached deed. 01 , Lot_ 12 , and shown The above-described proper~ was acquire~ by the owner on I/I 7/06 {Nancy Arnzen purchased 5-19-95) _. 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 theretbre in said ordinance and would not be detrimental to properly or persons in the neighborhood for the following reasons: The existing structure contains a garage with proposed living space above. The House is located in the subdivision known as Saltaire Estates. The garage was constructed in 2003. The space will be occupied by Nancy Arnzen and the Main House is occupied by her son and his partner. The building will remain as it is and conforms to the intent and purposes of the zoning ordinance. ADDITIONAL DOCUMENTS ATTACHED: I. Existing Conditions Survey (enclosed) 2. Photograph of the Existing Accessory Structure & Principal Dwelling (enclosed) In addition to meeting the standards prescribed by the zoning ordinance, the following requirementll~i~jIt~ ~FtAPPEALS 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. 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. YES (FAMILY); Mrs. Arnzen can not afford to maintain the property alone and her son will assist her and live in the main house. 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. fi. of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. YES 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') i garage bay in main house, second garage bay in detached garage and additional parking pad for third car (garage spaces shown on survey) 6. Not more than one (l) 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 exisfing building which is convetted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January I~ 2008, and is attached hereto. CO for garage dated 9/5/03 I I. 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. ATTACHED- CO for House (# ) and addition (#24095) 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. The properly which is the subject of this application is zoned R-40 and [ X I has not changed since the issuance of the Certificate of Occupancy attached. ('trio $~b~ ~9ea ] has changed or received additional building permits and Certificates of Occupancy for these changes, which are attached or will be furnished or has been subject ora prior ZBA decision(s), copies are attached. (NO PRIOR VARIANCES) Owner Signature COUNTY OF SUFFOLK) STATE OF NEW YORK) Sw/9~ before me this~ d~j~f ,20 /0 . RECEZVED APPLICANT I]EC 1 3 201 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ~OARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on thc pan 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. YOUR NAME: Nancy D. Arnzen Irrevocable Living Trust dated January 17~ 2006 and PatriciaC. Moore Esq._ (Last name, first name, middle initial, unless you are applying in the name &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.) Tax Grievance Variance Special Exception X Accessory apartment If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 Complete the balance &this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship belwean yourself (the applicant) 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 &greater than 5"/o of the shares &the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee &the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day /.~'"'""/~'~ Signature: Patricia C. Mo~f.~~''~'''' ~ ct ~ ~, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT The Nancy D. Arnzen Irrevocable Living Trust (Name of Applicant) SCTM Parcel #1000-100-1-12 COUNTY OF SUFFOLK) STATE OF NEW YORK) RECE1VED ~OARD OF APPEALS I, Jeffrey Brothers, being duly sworn, deposes and says: That I am a Co-Trustee of the Nancy D. Arnzen Irrevocable Living Trust which is the owner 145 Wavecrest Lane, Mattituck, New York 11952 and that I reside in said main house. That my mother, Nancy Arnzen has a life estate in said property and is responsible for all costs of maintenance including but not limited to payment of real estate taxes, utilities and insurance. My mother will reside in the apartment located in an accessory structure at said premises. I am attaching copies of the following: 1. Nancy Arnzen's drivers license 2. Optimum utility bill 3. LIPA bill 4. AMICA Insurance bill 5. Town of Southold Real property tax bill I make this affidavit knowing that the information contained herein will be relied upon by the Town of Southold Zoning Board of Appeals ~ ¢i~l~a{~Vre~ ) ' _ Jeffrey Brothers Sworn to before me this ~-~- :(~ Public) CAROLYN BARAHONA Notary Public, State of New York No. 01BA5024666 Qualified in Suffolk County Commission Expires April 26, 2014 C2to ou Have all 30~imum services? Get your F~o receive free movie tickets, shopping discounts & morel Account Number Service for MS NANCY ARNZEN 145 WAVECREBT LN CTTG MA'I-TITUCK NY 11952 Billing Period 12/01/10-12/31/10 Includes Payments Received By 11/28/10 Last Bill Balance $125.15 Payments - Thank Youl $125.15 cr Remaining Balance $0,0{3 Current Charges - Due By 12/15/10 $113.99 Total Amount Due $113.99 TOTAL MONTHLy SAVINGS: $53.95 3ayments 11/08 Payment-Thank You $125.15 cr Total Pa~mtente $125.15 cr 12/01 - 12/31 Family Cable w/lO $29.95 (Includes ~slc At $17.64) **Spec[at Optimum Promotion** 12/01 -12/31 Addiflanai Out,et $1.50 Premium Service Fee 12/01 . 12/31 3 Cable Box(es) $20.85 (At $6.70 each and remo~e(s) at $0.25} ~ 2/01 - 12/31 Taxes and Fees $1.79 Total Cable Television/lO ~64.09 12/01 - 12/31 ~)pecfimum Online [al Optimum Promotion** (includes full Newsday.corn access - a $20 monthly vslue) $29.95 Total Optimum Online ~ 95 12/01 - 12/31 Optimum Voice $29.95 (Includes 13 premium features. appl!Cable taxes & fees) **special Optimum Promotion** Total Optimum Voice $29.95 9ubtotal of Current Charges $113.99 Remaining Balance $0.00 ~urrent Charges $113.99 Fetal Amount Due $113.99 It's OIstlmun% or It's not.' www.optlmum.com vca~w.lioower.oru 24 Hours/Day- 7 Days/Week PIN Numhc_r 932543 Billino/General In(~uirles Monday - Fdday, 8 AM - 8 PM 1-800-490-0025* outside toll free area 1-631-755-6000' *Automated So.ices available 24 Houm~/Day. 7 DaysA4/eek Electric Service Problems 24 Hours/Day- 7 DaysA, Veek 1-800-490-0075 1-800-490-0085 SERVICE TO: Nancy D Arnzen 145 Wavecrest La MattJtuck NY 11952 LIP^ A Non-Profit Municipal Electdc Utility Bill Date ~ Next Meter Readino $ 253.98 BILLING SUMMARY Balance From Previous Bill Payment(s) Received Through 10/14/2010 - Thank Youl LIPA Current Charges Please Pay By 12-15-10 $ 291.88 -291.88 253.98 $253.98 'our Excellent Credit Rating is appreciated. This ~s our opportun ty tO say thank you dl Date. 11/22/2010 Customer ID; 0355~1(~81 Toll Free 1-800-742-6422 This is a statement of the balance due as of the date indicated. Please keep this portion for your records. 0320 NANCY D. ARNZEN NOTICE DATE NOVEMBER 12, 2010 Thank you for your payment of $293.60 received on NOVEMBER 1, 2010. ACCOUNT NUMBE~ N717437 TYPE OF INSUP. ANCE AMICA MUTUAL: 145 WAVECREST LN Automobile Personal Umbrella Lia PoLxcY NU~mER EFFECTXVE ~ lo/o3/lO o~/29/lO o5/8O/lO Mq0UI~ EX~XRINO PAXD TO DATE Im~AXD BALANCE .10/03/11 $206.60 $1,687.40 03/29/11 $696.00 $174.00 05/30/11 $83.00 $.00 ********************* AUTOMATIC PAYMENT INFORMATION Current Installment Due on: 611031-27FD 910331-26MK New York Fee. $187.48 86.00 1.00 AUTOMATIC PAYMENT AMOUNT $274.48 Thank you for participating in the automatic payment plan. The amount shown as "automatic payment amount" wall be deducted from the bank account(s) indicated below on DECEMBER 1, 2010. If you wish to make any changes to your plan for this payment, please do so at least three business days prior to the payment date. Manage your plan and view your automatic payment plan notices on Amica.oom. You can receive notification by e-mail instead of paper. Go to your profile on Amioa.com to sign up. 5 AMICA INSURANCE Automatic Payment Plan Notice Please note that an automatic premium payment will be deducted from the following bank account(s) by ANICA on DECEMBER 1,2010 If you have any questions, please contact the servicing office listed above. BANK ACCOUNT PAYMENT AMOUNT XXXXXXXX~4603 $274.48 h,,Ih,,llhh,,hl,.,I,h,lhlh.h,h,,,Ih h,h hh,,,lll NANCY D. ARNZEN 145 WAVECREST LN MATTI TUCK NY 11952-8081 PLEASE KEEP THIS PORTION AS YOUR REMINDER. OFFICE ADDRESS: 53095 ROUTE 25 - P.O. BOX 1409 NYl1971-0499 473889 100.-1-12 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY T~,~2 BILL 382 145 Wavecrest Ln 0.52 STAR (ENH) 14 11714 SCHOOL 210 Family Res il l,i l.,ll, h ,.,.htI.Jql,,.Ihql,, H , hll,l'Jlll ,! ~'T~,'*.~_ ff^l 1952 - "14,~wavece~t la1,,...~Mattituck NY 1 !~2~i : --irst Half: 11662 $3,522.30 12/23108 Second Half: 11662 5/21/09 LEVY % ~la~tuck School 59.10% ~latfituck Library 4.68% 12/3/09 Arnzen Nancy Irrv Lvg Trt 000 ~uffolk County Tax ;outh0 d Town Tax IYS Real PrOP TaXLaw ITA Payroll Tax lattituck FD lattituck Park 01id Waste District ~/aste Water District :IRST HALF TAX 3,591.69 11.15% )UE DEC. 1, 2~09 PAYABLE WITHOUT PENALTY TO JAN. 18, 2010 DUE DEC. 1, 2009 pAYASLE WiTHOOT PENALTY ?0 MAy 31, 2( THiS TAX MAy BE PAiD iN ONE OR TWo iNsTA~MEN~ SEE REVERSE SIDE FOR PENALTYSCHEDULE. SIDE FOR PENALTY SCHEDULE AND COUNTY TRSASt. 2011 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand Re: The Nancy Arnzen Irrevocable Living Trust 1000-100-1-12 Accessory Apartment RECEIVED BOARD OF APPEALS Dear Ms. Weisman and Board: In response to a letter dated January 13, 2011 from Patricia L. Acampora, I wish to address compliance with the private Covenants and Restrictions of Mattituck-Saltaire Incorporated. Enclosed is a copy of the Covenants and Restrictions in my client's possession. The existing garage was constructed in 2002 and completed on September 5, 2003 (date of CO). The Board of Directors, after notice to their members on September 15, 2003, determined that construction of second garages was not opposed by members. The Covenants and Restrictions which limited construction to ~one private garage" would not be enforced. Enclosed is a copy of the letter and Board resolution. There is no prohibition in the Covenants & Restrictions to an "accessory apartment". It is well settled that the law favors the free and unobstructed use of real property ( see Kaufman v. Fass, 302 A.D.2d 497, 756 N.Y.S.2d 247, 2003 N.Y. Slip Op. 11320; Witter v. Taggart, 78 N.Y.2d 234, 237, 573 N.Y.S.2d 146, 577 N.E.2d 338; Huggins v. Castle Estates, 36 N.Y.2d 427, 430, 369 N.Y.S.2d 80, 330 N.E.2d 48; E.M.R. Management Corp. v. Halstead Harrison Assocs., 299 A.D.2d 3~9~3, 749 N.Y.S.2d 569; Turner v. Caesar, 291 A.D.2d 650, 737 N.Y.S.2d 426; T~run v. Stromberg, 136 A.D.2d 543, 523 N.Y.S.2d 163). Covenants restricting the use of land are contrary to the general public policy in favor of the free and unobstructed use of real property (Premium Point Park Assn. v. Polar Bar, 306 N.Y. 507, 119 N.E. 360; Crane Kneck Assn. v. New York City/Long Is. County Servs. Group, 92 A.D.2d 119, 126, 460 N.Y.S.2d 69, affd. 61 N.Y.2d 154, 472 N.Y.S.2d 901, 460 N.E.2d 1336, cert. denied 469 U.S. 804, 105 S.Ct. 60, 83 L.Ed.2d 11; Lewis v. Spies, 43 A.D.2d 714, 716, 350 N Y.S 2d 14). Therefore, a restrictive covenant should be strictly construed against those seeking to enforce it and may not be given an interpretation extending beyond the clear meaning of its terms ( Aronson v. Riley, 87 A.D.2d 879, 881, 449 N.Y.S.2d 544; *'165 Battista v. Pine Is. Park Assn., 28 A.D.2d 714, 715, 281 N.Y.S.2d 635). Moreover, where the language used in a restrictive covenant is equally capable of two interpretations~ the interpretation which limits the restriction must be adopted ( see, e.g., Huggins v. Castle Estates, 36 N.Y.2d 427, 369 N.Y.S.2d 80, 330 N.E.2d 48; Premium Point Park Assn. v. Polar Bar, supra; Liebowitz v. Mandel, 114 A.D.2d 491, 492, 494 N.Y.S.2d 404; Lewis v. Spies, supra; cf., Crane Kneck Assn. v. New York City/Long Is. County Servs. Group, supra ). Paragraph 11 of the Covenants & Restrictions state that ~If there are any issues not addressed by these covenants and restrictions, the Town Code of the Town of Southold, as amended from time to time, shall apply." Our accessory apartment application complies with all of the Town Code's conditions set fort~ in the accessory apartment law, and therefore, complies with the covenants and restrictions. Thank you for your continued courtesies. Very t ru.ly- ~ours, k--l~icia C. Moore cc: The Nancy Arnzen Irrevocable Living Trust w/encl. 1. ~o buildln~ ct.kef than i~__QIL]~ one private dwelling for the-use and occupancy ofone family.an ivat~.:gar, hall be erected on any one lot. A one story dwelling erected thereon shall have a first floor area of not less than 1,000 square feet and a two story dwelling shall have a first floor area not less than 750 square feet. ~ ~ detached ~~ erected thereon shall conform to the dwelling and have a minimum floor area of 264 square feet. All homes must have a garage attached or detached, with paved ~-~ ........ driveway ~such as stone, brick, asphalt, or concrete mater~al, maklnq a firm. level and convenience surface for travel}. Accessory structures must bm approved by the board of directors of Mattituck-galtairm Incorporated. Approval thereof shall be based upon general appearance, construction specifications and location. 2. The premises shall not be used for the manufacture or sale of merchandise or goods of any kind or for ~_rz_c~ cr ="-~---~ ::katscavcr ar for the display of advertising or commercial signs. The storaoe on any residential DroDertvae~.~umbered by these covenants of any vehicles. ~uipment or materials in connection with a bus±ness must b~ approved-in wr{tinc by the Board of Directors of the Am~oclatlon, 3. NO fences cr~..c_-cz~= over 4 feet in height shall be erected on said: premises in front ~a=~:and,su-c~.fenoe~.<cr bad,cz shall be maintained and.kept imago.od, appearance. 4. No stables or outside toilets shall be .erected on said premises and no-nuisance shall, he :create~ ~r ~ll~wed...~on said premises, and. no, ...use..:shal,txbe :m~de:5~he~remf :~h~t~;ish~t.~t~angerous to the health of, or offensive to the senses of sight or smell of ~ttltu~k~Sa!tair~, Inc..~kcr~in~kn~;n as ~ISI)..Mattituck-Saltai~e ~kc~2r~q~ residents, its successors and assigns, as owners of the premises adjoining the premises thereof. 5. No part of any dwelling or garage shall be constructed on any one lot within 50 feet of street line or within ~ /5 feet of other boundaries of said lot and no part of any cesspool shall be within 5 feet of any boundaries of said lot. 6. No fowl, poultry, animals or livestock shall be kept on said premises other than domestic pets. No trailers shall be kept, used or allowed upon said premises except when kept within an enclosed garage, with the exception of boat trailers and recreational vehicle~ (inoludin= camp-type travel trailers) which shall be kept in rear of premises. 7. These covenants and restrictions shall run ::Irk tk= la.nd kcrc~y --~ ...... ~ encu~er all lot~ shown and designated on "MaD Subdlvis~on of Saltaire Estates. Town of.'.7~'~uthold, at Mattltuck. Suffolk County. New York. dated March 22. 1966" and filed i~ Office of the Suffol~ County Clerk on August 3. 1966 as Map ~ and shall bind and inure to the benefit of~'~he --:~ .... hereto, ~ their-heirs, and a~inistrators and -.-lFno, ~ in perpetuity, :nC thcc= sali or until revised by Mattituck-Saltatre Incorporated. Thes~ covenaa~s and restrictions 2 forth office on Auqumt aforesaid office (recorded in the Liber 6009 at Da~ 320 (recorded in the aforesaid TO. tg66:,Li~r 5879 pa~e 234 (~e~orded in tb~ on ~December 16. 1965: and Liber 9302 Daqe 506 aforesaid office on January 20..1983. 8. The covenants and restrictions herein imposed may be modified or amended by ::SI, Mattituck-Saltaire Incorporated. its successors and assigns. 9. Ail plans and specifications for homes to be constructed must be approved by }{-~I Mattituo_k-Saltaire Tncorporated for the purpose of preventing inferior materials or construction practices from being used. Homes shall have full cellars under main portion of structure. Flat roof construction shall not be used. All building must be completed within a year from conunencement of construct ion. ' -- 1977 ..... ~ in = ....... , use of the "Right of Way" as shown on the map of subdivision of,Saltaire Estates filed in the Suffolk County Clerk's Office on Au~st 3, 1966 as Map Nu~er 4682 for access to the Long_Island Sound and lot nu~er 32 for recreation pu~oses, is s~ject to such reasonable rules and regulations Incorporated. its successors and assigns; inclmding a ~intenance 3 ~ by a majority of the lot owners on said map. 11. If there are any issues not addressed by these covenants and restrictions, the Town Code of the Town of Southold. as amended from time to time. shall apply. 4 P.O. Box 265 Mattituck, New York 11952 September 15, 2003 To~ FROM: All Members of Mattituck-Saltaire, Inc. The Board of Directors of MSI One of the Board's responsibilities is to enforce the Covenants & Restrictions. We have been approached by some members who have expressed concern about the cons~'-'uction of secondary garages. Therefore, we are sending tiffs le~er to ascertain your position on this issue. As most of you probably know, the covenants and restrictions provide that there can be only one garage per lot. This is a covenant of record (filed in the Suffolk County Clerk's Office) and it has never been amended. There are currently two secondary garages which have been constructed in the neighborhood (one was built in 1999 and the other was built this year), and the board has recently been made aware that the construction of another such garage is being contemplated. The board would like to know whether you wish the association to oppose further construction of this type of accessory structure. In making this decision, you should consider the following: 1. The possibility that, at some point, these structures may be converted to illegal living space. Even ifa current member has no intention of using a second garage as living space, that certainly does not prevent a future owner of that property from attempting to do so. Theoretically, this could mean more people, more cars and traffic-- -basically, more congestion in thc neighborhood. A second septic system has akeady been installed on one of the aforementioned lots that has two garages. If this practice becomes prevalent, this could result in a number of lots (all of which are approximately one-half acre) having two septic systems. 2. You should consider what impact (if any) such structures will have on the marketability of your property. It is not simply a matter of conceding to your neighbor's wishes to build such a structure in an attempt to be "neighborly". For example, if years from now you decide to sell and your neighbor's gma~,e is beh'~g used as an illegal apartment, how will that affect the value of your property? 3. Another consideration is this: If~ou oppose these types of accessory structures, you should expect the possibility that lawsuits may ensue as a result of the association's active opposition to the erection of these garages. The board is not, at this juncture, in any way suggesting that any legal action be taken. However, if the majority of you oppose these structures and a homeowner is intent on building one, it may necessitate the association's legal intervention, and that means paying legal fees. Defending---or enforcing--the association's position in court might become a burdensome financial obligation, and doing so might require the levying of special assessments to pay legal fees. Therefore, if you indicate that you are opposed to further co,,.strucfion of secon&wy gm'ages, plc.:..se be fc. rewa'_c~cd th:.: you g'av ~z financially committed to supporting that decision. Furthermore, for those who do not oppose these structures, you should be mindful of the fact that, notwithstanding your position, if the majority votes to strictly enforce this covenant, you will be likewise obligated to pay any such assessments approved by the members. 4. Lastly, conu'ary to what some may think, a legal precedent has not been established simply by virtue of the fact that two secondary garages have been built. The fr, ct fi. at tl;iz :cv2::al,t ha; not been adl-,z,'zd t2 in the past .lots no~. p, cwnt us fr~m enforcing it in the future-and there is caselaw to support that position. These are the factors that you should carefully take into account when making your decision. We ask that you print AND sign your name on the enclosed sheet, indicate your choice, and return same to us in the enclosed self-addressed, stamped envelope. Furthermore, please be advised that we will interpret your lack of response as an indication that you do NOT object to secondary garages. If you wish to elaborate on your opinion, please feel free to write your comments on the enclosed sheet. We are asking that you respond immediately as we will count the responses received as of September 22ha, 2003. Thereafter, we will send a mailing to the membership advising them of the outcome. This is an extremely important decision that we all have to make and, needless to say, for some, a very emotionally charged issue. We want to conduct this vote in a civil and mature fashion, andwe hope that you share that sentiment. A divergence of opinion is no excuse for disrespect. The board will carry out the wishes of the majority. Sincerely, THE BOARD OF DIRECTORS OF MATTITUCK-SALTAIRE, INC. To th~Members of Mattituck-Saitaire, Inc. The results of the recent mailing regarding the enforcement of the covenant prohibiting the construction of more than one garage per lot are as follows. (There are 45 lots in the subdivision and 2 members each own 2 lots; therefore, there are 43 members having 45 votes.) Twenty-three votes were received: 15 supported enforcing the covenant and 8 opposed it. Twenty-one members (having 22 votes) did not reply. As the letter of 9/15/03 stated that a lack of response would indicate that a member did not oppose second garages, the majority have ruled this covenant should not be enforced. The Board of Directors ~ECEWED OEC aOARD OF APPEAI.~ The Nancy D. Arnzen Irrevocable Living Trust c/o 145 Wavecrest Lane Mattimck NY 11952 October 25, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: On behalf of the Nancy D. Arnzen Irrevocable Living Trust, we Jeffrey Brothers and Rebecca Arnold as Trustees, authorize you to make any and all applications and appear on our behalf to the Suffolk County Department of Health Services, Town of Southold Zoning Board of Appeals and Southold Town Board of Trustees, and any other necessary agencies on our behalf regarding properties located at 145 Wavecrest Lane, Mattituck, New York 11952 (sctm: 1000-100-1-12 The Nancy D. Amzen Irrevocable Living Trust By: J(j~ ~_/~_~ Jeffrgy Brothlers, Co-Trustee Nominal Deed WCB-3 (Rev. 8/99) Standard N.Y.B.T.U. Form 8003-Warranty Deed With Full Covenants-Individual of Co~poraUon (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THiS DOCUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, madethe /~2 dayof~..~'~,~/r' i intheyear2006. RECEtVED BETWEEN ~r (,/ J~EC 1 ~ 20lO NANCY D. ARNZEN, residing at 145 Wavecrest Lane, Mattituck, NY 11952 party of the first part, and BOARD OF APPEAI.~ DAVID SCOWl' ARNZEN, Trustee, residing at 145 Wavecrest Lane, Mattituck, NY 11952 and JEFFREYWADENy ll,:;~.'J! BROTHERS, Trustee, residing at of the NAN~Y D. ARNZEN IRREVOCABLE LIVING TRUST dated .,...~A,/, I ~7/ 2006 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the part of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being at Oregon, near Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Lot Number 15 on a certain map dated March 22, 1966, entitled, "Map of Subdivision of Saltaire Estates, Town of Southhold, at Mattituck, Suffolk County, New York" and filed in the Suffolk County Clerk's Office on August 3rd, 1966 as Map Number 4682; said lot is bounded and described as follows: BEGINNING at a point on the northerly side ofWavecrest La~e said point being a distance of 70.99 feet measured in a easterly direction along the northerly side of Waveerest Lane from the extreme easterly end of arc ora curve connecting the easterly side of Reeve Road with the northerly side of Wavecrest Lane; RUNNING THENCE North 16 degrees 59 minutes 30 seconds West 230.00 feet to a point; THENCE North 73 degrees 00 minutes 30 seconds East 99.97 fee~ to a point; THENCE South 16 degrees 59 minutes 30 seconds East 231.85 feet to a point on the northerly side of Wavecrest Lane; THENCE in a westerly direction along the northerly side of said lane along an arc of a curve to the left of said curve having a radius of 1342.69 feet and a length of 70.88 feet to a point; THENCE South 73 degrees 00 minutes 30 seconds West still along said lane 29.12 feet to the point or place of BEGINNING. Dist. 10 Sec. 100J Block 01. Lot Said Premises also known by street address: 145 Wavecrest Lane, Mattituck, NY 11952 and intended to be the same premises conveyed to the party of the first by deed dated 5.19.1995 and recorded 5.25.1995 in liber 11726, page 725 in the Office of the Clerk, County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center line thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second Part forever. AN D the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: that said party of the first part is seized of the:said premises in fee simple, and has good right to convey the same; that the party of the second part Shall quietly enjoy the said premises; that the said premises are free from encumbrances~ except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if to read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~ECEI'VED ~ ~/~ IN PRESENCE OF Witness BOARD OF APPEAL~ NAN(~Y O..,~NZEN '/ TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of Suffolk ss.: On the /'7 day of ~c~-~_~ in the year 2006 before me, the undersigned, personally appear, ed NANCY D. ARNZEN personally kflown to me or proved to me on the basis of sat sfactory evide~nce to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me thM he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the ir~str~ment, the individual(s) .o,r~e pars.on upon,J~ehalf~ which the individual(s) acted, executed the instrument. DIANAM. COEN : : /~ / /~_//._ ~ Notary Pub c-State of New Y qrk No. 02CO6096700 ' (signature and office of individual taking the acknowledgment) Qualified in Suffolk County _ -, Commission Expires August 4, 200_~..~ WARRANTY DEED WITH FULL COVENANTS Title No. SECTION 100.00 BLOCK 01.00 LOT 012.00 COUNTY OR TOWN Suffolk STREET ADDRESS 145 Wavecrest Ave ARNZEN TO ARNZEN, Trustee & BROTHERS, Trustee Irrevocable Living Trust dated RETURN BY MAIL TO: Elleen Coen Cacloppo, Esq. 1353 Stony Brook Road Stony Brook, NY 11790 (Reserve this space for recording office) F:~WordPerfect Files\CAS ES~zen231LAD EEDWARRANTY.wlxl '. ,TOmtit1' OF $OtJ'x',~.OL1D ~ECEIVED ~O.~;~:~D OF APPEAL~ Certificate Of Occupency ~ECEZVED No Z-R4095 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall .... ~outhold, N.Y. ~,~OA~D OF APPEALS __ CERTIFICATE OF O~CUP~NCY ~;f ,~. Date DECEMBER 22~ 1995 THIS CERTIFIES that the building ADDITION Location of Property 145 WAVECRESTLANE House No. Street County Tax Map No. 1000 Section 100 Block Subdivision Filed Map No. MATTITUCK, N.Y. Hamlet Lot 12 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 19~ 1995 pursuant to which Building Permit No. 22921-Z dated AUGUST 1~ 1995 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 ENTRYWAY ADDITION ON REAR OF EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to of the aforesaid building. NANCY ARNZEN (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-372459 - DEC. 8, 1995 PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 +/Inspector NO. 4 TOWN OF SOUTHOLD BUILOING DEPARTMENT Office of the Building Inspector Town Hall Southold, CERTIFICATE OF OCCUPANCY No: Z-29690 Date: 09/05/03 THIS CERTIFIES that the building ACCESSORY Location of Property: 145 WAVECREST LA MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County T~x Map No. 473889 Section 100 Block 1 Lot 12 Subdivision FiledMap No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 15, 2002 pursuant to which Building Pez~uit No. 28925-Z dated NOVEMBER 18, 2002 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 ACCESSORY NON-HABITABLE GARAGE AS APPLIED FOR. ~e certificate is issued to NANCY D ARNZEN of the aforesaid building. (OWNER) SUFFOLK CO~ DHPARTMEA1T OF ~RALTHAPPRO~i~L R10-03-0033 ELE~-i'~ICAL CERTIFICATE NO. 1143548 PLUMBERS CERTIFICATION DA'~'au3 03/30/03 HI-TECH PLUMBING 07/30/03 06/23/03 ho~z ed S ~gnature Rev. 1/81 ?0o-~a./-/a TO F SOUTHOLD PROPERTY RECORD CARD IMP. CO~. CB. TOTAL DATE R~S O ~. · .......... ,/ AF NOR/vtA, L ~A4 Acre Die Ilan d OWland i Plot BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WAT'EI: FRONTAGE ON ROAD. DEPTH BULKHEAD ~ECE~VED DEC ] ~ 2010 ~3OARD OF APPEALS DOCK :xtension xtension ~en$1on ~h EL 2./': COLOR ~:f..-' Foundation Basement Ext Walls Fire PJace J~e,,,, ~Oti'on ~,OOm DEC ~ 3 2010 BOARD OF APPEALS / ~/'~- '--t~ ~ ~ath Flbors [nterio~. Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway M. BId~ Extensh Extension F~tio )orch }eck larage col 6cARD oF APPEALS Foundation Basement Ext, Wails Fire Place Dock Fin, B. Bath Floors Interior Ffnish Heal Woodstove Dinette Kit. ER. D.R. BR. Baths COLOR TRIM 1st 2,n"J own of Southold P.O Box 1179 uthold, NY 11971 Date: 12/14/10 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 94915 Reference Subtotal 825 $400.00 Check#: 825 Total Paid: $400.00 Name: Arnzen, Nancy 145 Wavecrest Lane Mattituck, NY 11952 Clerk ID: CAROLH internal ID: 825 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-14-10 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED # 6446 Nancy D. Arnzen 825 $400.00 ~. ~4~0 $c lathold Town Clerk TOTAL $4oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES ~-~2~4 8 2 5 NANCY D ARNZEN 145 WAVECREST LANE cou~ 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 F~LX (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 December 14, 2010 Zoning Appeal No. 6446 Transmitted herewith is Zoning Appeals No. 6446 of Patrieia Moore for Jeffrey Wade Brothers and Rebecca Arnold - thc Application for Special Exception Accessory Apartment in an Accessory Building to thc Southold Town Zoning Board of Appeals. Also enclosed is thc Transactional Disclosure Form, Cover Letter from Patricia C. Moore Dated November 5, 2010, Authorization Letter from Jeffrey Brothers to Patricia Moore to Represent them in this Matter Dated October 25,2010, 2 Page Copy of Deed Date January 17' 2006 Between Nancy D. Amzen and David Scott Amzen & Jeffrey Wad Brothers as Trustees, Copy of Certificate of Occupancy No. Z6717 for One Family Dwelling Dated September 30, 1975, Certificate of Occupancy No. Z-24095 for Entryway Addition Dated December 22, 2010, Copy of Certificate of OcCuPancy No. Z-29690 for Accessory Non-Habitable Garage Dated September 5, 2003, Drawing Showing Elevation of Garage, 2 Pages of Floor Plans Showing Living Area Prepared by Nancy Amzen, 2 Pages of Photos of Garage, House & Property, 3 Pages of Property Record Card, Copy of Foundation Location of House & Garage Dated January 27, 2003 Prepared by Young & Young. Statement by JANICE M. OLSEN February 3, 2011 In Re Arnzen Application for Variance I was serving as Secretary on the Board of Directors of Mattituck-Saltaire, Inc., the homeowners' association for the subdivision in which the applicant's property is located, when the Board received a letter from the applicant's son and daughter-in-law stating that they intended to "build a two car garage with some office space in the rear of our yard" (see attached letter). Being Ms. Arnzen's immediate neighbor to the north, upon seeing a 2-story structure with a one-car garage being erected, it was immediately apparent to me that that this building was not-- as the applicant's family had universally and defiantly declared--a building to be used in connection with their dog-grooming business, but a residence for Ms. Arnzen. Sometime prior to this, the applicant had vacated her primary residence and was living elsewhere, and her son and his family moved into her home. When her circumstances changed, she could not very well displace her family and, so, the solution was to build an accessory structure on the pretense that it was to be used only in connection with their business. The Town building inspector overseeing the project expressed to me his suspicions that the garage would be lived in. He informed me that when inspecting the rough plumbing, he remarked that it appeared a shower was being installed. "Oh, no," the contractor protested, "Towels and blankets used in the dog-grooming business will be washed here." Ms. Arnzen has lived in that structure for the past seven years, notwithstanding the fact that the Suffolk County Department of Health stamped the survey depicting the proposed garage as "non-habitable," as did the C.O. issued by the Building Department on the Friday before Labor Day in 2003. It is true, as Ms. Moore states in her letter of January 25, 2011 to this Board, that the homeowners' association polled its members in 2003 on the subject of second garages being built in contravention of the Covenants & Restrictions, and that the majority did not oppose the erection of more than one garage per lot. However, last month, members were again polled, and this time, they were specifically asked if they opposed this application. Twenty-seven out of forty- four lot owners indicated they oppose it. Apparently, the majority do not find a second garage objectionable, but living in it is something altogether different. If, as Ms. Arnzen's application indicates, the basis on which she is seeking this variance is financial hardship, it is one of her own making. She did not have to build a second home on her half-acre lot. She already had a home; however, she chose not to live in it for a period of time, and when she wanted to return to it and could not do so without evicting her own family, that created her predicament. And if, as claimed in her application, yet another son will be living in the main house, should we be concerned about this becoming a trend in Southold? Will others convert accessory structures into homes for aging parents? And when those parents are gone, what will prevent the homeowners from renting the accessory structure to a non-relative--the Town's laws? If you open this door, you will follow the path made by other municipalities in Suffolk County, placing the onus of vigilantly enforcing local laws on adjoining homeowners and further burdening Town employees. Not surprisingly, most of the public tend to avoid trying to compel local government to enforce its own laws, as it can be an arduous and frustrating task. Hence, illegal rentals will abound unabated, and we will hear that old mantra, "The Town does not have the budget to hire additional employees to enforce its own laws." And that is our concern. Here, we have a structure which was suppose to have been used as a non-habitable garage, and, amazingly, it has morphed into a residence. And that, ladies and gentlemen, is how it begins. The zoning for this subdivision is R-40--only one single-family residence per lot may be built. By this Board, in effect, changing the zoning and permitting two single-family residences on the applicant's half-acre lot, you will be sanctioning her duplicitous behavior and encouraging others to follow suit. October 23, 2002 Sailtaire Association, We are planning in the near future to build a two car garage with some office space in the rear of our yard. Also, we are planning on removing some trees in this process. The garage will be cedar shingled to match the exterior of our home. We feel that this structure will fit in properly with the surroundings of our neighborhood. We would like to go about this within the next two months. Please feel free to contact us if you have any concerns of our project. (631)765-6264. We reside at 145 Wavecrest Lane. David & Valerie Arnzen · Find Resuh.-,78 A.D.3d 816 2/1/11 10:15 AM 78 A.D.3d 816, 911 N.Y.S.2d 386, 2010 N.Y. Slip Op. 08091 View National Reporter System version Town of Southold, Respondent V Estate of Grace R. Edson, Deceased, et al., Appellants. Supreme Court, Appellate Division, Second Department, New York November 9, 2010 CITE T][TLE AS: Town of Southold v Estate of Edson HEADNOTE Municipal Corporations Zoning [njunction to Enforce Town Code Provision Relating to Retail Sales Court properly granted plaintiff town's motion for summary judgment to enjoin sale of products not grown on defendants' premises until proper authorization was obtained from plaintiff; plaintiff demonstrated that retail sales conducted by defendants at subject premises were in violation of town code, and were not authorized by certificates of occupancy issued by plaintiff. Wickham, Bressler, Gordon & Geasa, P.C., Mattituck, N.Y. (Eric ]. Bressler of counsel), for appellants. Smith, Finkelstein, Lundberg, Islet & Yakaboski, LLP, Riverhead, N.Y. (Phil Siegel of counsel), for respondent. In an action, inter alia, for injunctive relief, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Baisley, Jr., ].), entered November 24, 2009, which, upon an order of the same court dated August 6, 2009, granting the plaintiff's motion for summary judgment, in effect, conditionally enjoined them from operating a retail store on their prop '817 erty for the sale of items not grown on the premises in violation of the Southold Town Code, unless the violations were remedied and the defendants obtained a certificate of occupancy for such retail use. Ordered that the judgment is affirmed, with costs. Contrary to the defendants' contention, the Supreme Court properly granted the plaintiff's motion for summary judgment to enjoin the sale of products not grown on the defendants' premises until proper authorization was obtained from the plaintiff. The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the retail sales conducted by the defendants at the subject premises were in violation of Southold Town Code § 280-13 (A) (2) (a), and were not authorized by the certificates of occupancy issued by the plaintiff in 1987 and 1990. h ttps://web2 .westlaw.corn/fi nd/default,wl?fn :_to p&rs:WLW] 1,0 l& rp=%Zffind%Zfdefau It.wi&mt= 70&vt: 2.0&sv:Split&cite= 78+AD3d +816 Page I of 2 2/1/11 10:15 AM In opposition, the defendants failed to raise a triable issue of fact (see Alvarez v Pros!~ect Hosp., 68 NY2d 320 [1986]), and failed to request additional, specific discovery which was calculated to yield facts warranting the denial of the plaintiff's motion (see CPLR 3212 [f]; Town ofBrookhaven v Mascia, 38 AD3d 758, 759 [2007]; Town of Hempstead v Incorporated Vii. of Atl. Beach, 278 AD2d 308, 310 [2000]). The defendants' contention that the plaintiff's alleged acquiescence in the improper use of the premises over a period of several years should estop it from now enforcing the code provisions is unavailing. The plaintiff was entitled to injunctive relief to enforce its zoning laws (see Town of Brookhaven v Hascia, 38 AD3d at 759), and estoppel is generally unavailable to prevent a municipality from discharging its statutory duties (see **2 Hatter of Parkview Assoc. v City of New York, 71 NY2d 274, 282 [1988], cert denied 488 US 801 F1988]; Hatter of Daleview Nursing Home v Axelrod, 62 NY2d 30, 33 [1984]). Moreover, a building permit issued due to a misrepresentation by the applicant or an error by the municipal agency cannot confer rights in contravention of the zoning laws, and is subject to corrective action, even where the results may be harsh (see Hatter of Parkview Assoc. v City of New York, 71 NY2d at 282; Town of Putnam Val. v Sacramone, 16 AD3d 669, 670 [2005]; McSannon v Board of Trustees for Vii. of Pomona, 239 AD2d 392, 393 [1997]; Baris Shoe Co. v Town of Oyster Bay, 234 AD2d 245 [1996]; Welland Estates v Smith, 109 AD2d 193, 196 [1985], affd 67 NY2d 789 [1986]). Under all of the circumstances presented, the Supreme Court did not err in permitting the filing of the judgment in this matter shortly after the 60-day period set forth in 22 NYCRR 202.48 '818 had elapsed (see e.g. Neri's Land Improvement, LLC v g.2. Cassone Bakery, Inc., 65 AD3d 1312 [2009]; Hatter of Loeffler v New York State Dept. of Envtl. Conservation, 37 AD3d 470 [2007]; Marzuflo v General Motors Corp., 34 AD3d 540 [2006]; Levine v Levine, 179 AD2d 625, 626 [1992]). The defendants' remaining contentions are without merit. Dillon, J.P., Angiolillo, Hall and Roman, ,lJ., concur. Copt. (c) 2011, Secretary of State, State of New York NY,2010. Town of Southold v Estate of Edson 78 A.D.3d 816, 911 N.Y.S.2d 386, 2010 N.Y. Slip Op. 08091 END OF DOCUMENT Adobe Reader is required to view PDF images. (c) 2011 Thomson Reuters. No Claim to Orig. US Gov. Works, h ttps://web2 .westlaw.corn/fi nd/defau I t.wl?fn =_to p&rs=WLWl 1,0 l&rp=%2ffind%2 fdefau It.wi&mt= 70&vt= 2.0&sv=Split&cite= 78+AD3d + 816 Page 2 of 2 Mr. & Mrs. Paul Contoveros 245 Wavecrest Lane Mattituck, NY :11952 Ms. Leslie Kanes Weisman, Chair Members of the Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box :1179 Southold, NY 1197:1 Dear Ms. Weisman & Distinguished Members of the ZBA: We are not going to be able to attend the February 3rd public hearing in person but we would like to express our strong and unequivocal opposition to the potential approval of the variance application submitted by the Nancy D. Arnzen Irrevocable Trust regarding the establishment of an Accessory Apartment in an accessory structure at :145 Wavecrest Lane, in Mattituck. We sincerely hope that the requested variance will not be granted. Sincerely, Paul Contoveros Aspasia Contoveros Owners of property located at 245 Wavecrest Lane in Mattituck, NY (50q 44 ~4" 23 225 18 % 29 3o:B1~T,~ 38 42 2.0A 43 2.0A :::r ~AVECREST LA. 40 2O0 __l will not be ab)e to attend the hearing on February 3, 20l O, __l have seal a letter directly to the Southoid Town ZBA opposing the application for a special exception use permit filed by Nancy Amzen '~1 enclose herewith my lc,er and ask that you deliver il to the Southold Town ZBA As a member of Mattituck Saltaire. ]nc, l direct the Board of Direclors [o ~ssue a letter to the Southold Town ZBA expreasing opposition to Ihe aforesaid variance application filed by Arnzen and I direct thai a representative of said Board atlend the public hearing on said application on the above date or any adjoummem · thru'eof to express MSI's opposition to said variance being granted. The bes~ phone number to reach me at is Signature l ~viII not be able to attend Ihe hearing on February 3, 2010 I have scm a letter directly to the Southeld Town ZBA opposing the application for a special exception use permi~ filed by Nancy Arnzen .1 enclose herewith my letter and ask that you deliver it to the Southo]d Town ZBA As a member of Mattituck Saltaire. inc.. 1 direct the Board of Direx:tms to issue a leuer to Ihe Somhold Town ZBA expressing opposition to the aforesaid variance application filed by Arnzen and I direct that a representative of said Board attend the public hearing on said application on the above date O~r..a0y adjournmem thereof to expqess MSI's opposition to said variance being grSaflted. Please Print Your Name Signature . Please Print Your Name ,"~_Please advise me of any adjourned hearing date. The best phone number to reach me at is will ]nfl be ant to attend thc hearing on February 3, 2010. I ha~,e sent a letter directly to the Southold Town ZBA opposing the application iff a special exception use permil filed by Nancy Arnzen 1 enclose herewdh mb, leuer and ask Ihat you deliver it to the Southnld Town ZB^ As a member of Mamluck-Saltai~e, Inc.. I direm the Board of Directors to issue a Imtcr to the Somhold Town ZBA expressing opposition to the aforesaid variance application filed by Arnzen and I direct that a representalive of said Board attend the pablic hearing on said application on the above date or any adjournment thereol to express MSl's opposition to said variance being granted. Signature '~Y~ / Signature ROSE Please Prinl Yotlr Name Please Prim Your Name The best phone number to roach me at is [:- ( will nm be able to attend the hearing on February 3. 2010. __l have sent a letter directly to the Southotd Town ZBA opposing thc application for a special exception use permit fi[ed by Nancy Amzen I enclose herewith my letter and ask that you deliver it to the SouthoId Town ZBA As a member of Mattituck-Sahaire, Inc., [ direct the Board of Directors to issue a letter [o the Soulhold Town ZBA expressing opposition lo the aforesaid variance application filed by Arnzen and I direct that a representauve of said Board attend the public hearing on said application on the above date or any ad.joummenl thereof to expreas MSl's opposition to said variance being granted. /7/' ...?/~ Z ' I/../ Signature Signature . Please Print Your Name Please Print Your Name The best phone number re reach mc at is will not be able to attend the hearing on February 3,2010 have scm a letter directly to the $o~=thoM Town zBA opposing applicalion for a special exception usc permh filed by Nancy Arnzen enclose hermvilh my loller and ask that you deliver it to the Southold Town ZBA As a member of Mattiluck-$altaire, Inc , I direct the Board of Directors to issue a letter to lbo SouthoM Town ZB^ expressing opposition to the aforesaid variance application fi~cd by Arnzen and I direcl that a representative of said Board the public hearing on said application on the a~vc date or any adjoummem Ihereof to~re~ MSI's oppohdon In said ~ ar~nce be ng gran ed. S~gnature ~ Signature - ~ ' Please ~rint Your $~me PI~s~ Pri,~ V~,lr N~me"'/.~&,,,i" --- ~case advise me of any adjourned hcarin~ dale. The best phone number to reach me at i5 g ~ ~' ff~ q not be able to attend the hearing on February 3, 2010, .1 have seat a letter directly to the Southold Town ZBA opposing the application for a special exception use permit filed by Nancy Amzen I enclose herewith my letter and ask that you deliver it to the Souttold Town ZBA As a member of Maltkuck-Saltaire, Inc., 1 direct the Board oF Directors to issue terror lo the Southold Town ZBA expressing opposition to the aforesaid variance application filed by Arnzen and I direct that a representative of said Board attend the public hearing on said application on the above date or any adjournment ~be re.q//t,.o express MSI's 9p, lx)sition to said variance being granted ! i/,/ , '-'Signature , ...... .'"' Signature Plebe Print Your Name Please Print Your Name 'Please advise me af any adjourned bearing date, The bes[ phone number to reach me at is ~1 will ~tol be able to attend the hearing on Februar3 3. 2010 ~ I have seal a letter directly In 'ihe Somhold Town ZBA oppesin~ appBcauon fora s~cia~ excep,on use permil filed by Nancy Arnzen I ~nclose herewilh my letter and ask Iha~ you del}vet d Io the SoutEold Town ZBA As a member of Matmuck-Saltaire, l~c I direct the ~rd of Direclors to ts. sue a ~etter to ~he Soul.Id Town ZBA expressing op[~silion to the aforesaid variance application filed by Arnzen and I direct ~hm a representative of said Bo~rd auead the public hearm~ on said appllcatio~ on the a~ve date or any adjoummcm there~ I~ex~s~ MSI s ovpositi~to said v~riancc ~int ~rantcd Please ~rinl Your Name Please Print Your Name ~Please advi~ me of any adjourned hearing date ~/1 u'ill not be able to attend thc hearing on February 3,2010 ~1 havc sent a Jolter directly to the Somhold To:va ZBA opposing the application for a special exception use permit filed by Nancy ^mzen enclose herewith my letter and ask thai you deliver il in the SouthoJd Town ZBA As a member of Mattituck-Saltaire, Inc.. ] direct the Board of Directors to issue a letter to the Soulhold Town ZBA expressing oppos~[ion lo ~he aforesaid variance applicalion filed by Arnzen and I direcl that a representative of said Board attend the public hearing on said appllcation on the above dale or any adjournment lhereof to express MSI's opposilian to said variance being granted. d~ignature ~/J~ -- ,~gnature / Please advise me of any adjourned hearing da~e. The ~sl phone number I0 reach me at is ~t& ~d~- ~ ~. I will ~o~ bc able to atIond thc hearing on F~bruary 3,2010, ..I have sent a loller directly to the Southold Town ZBA opposing Ih* application for a special exception use permit fi]ed by Nancy Arnzen 1 enclose berewith my letter and ask that you deliver it to the $outhold Town ZBA As a member of Mat[ii,lek Sahaire. Inc.. I direct the Board of Directors lo issue a letter to the $outl~old Town ZBA expressing op[x~sition to the aforesaid variance application filed by Arm'en and 1 direct that a representative of said Board attend ~he public be...~r/ng an said application on the above date or any adjoummem dlereof to.o~p~ssMSI's oopmition to said va(ianee-b,I:ino_.granted..~ ~.._.-- //~ase Prim Your Name Please Pr/at Your Name P~ease ad, is¢ ina of any adjaL,med hearh, g date L.~--..:~- The best phone number to reach rne al is ho I ~ll not be able id altend the hearing on Februms' 3,2010. I have sent a letter directly to thc Sombold Town ZBA opposing the apFlicadon fo~ a special exception use permil filed by Nancy Amzen I enclose herewith my letter and ask that you deliver it to t~ Southold Town ZBA As a mcm~ of Mamtuck Saltaire, Inc_ I direct the Boaffi of Directam to i~ue a ~etter Io Ibc Southald Town ZBA expressing apposition to the aforesaid variance ~ ~pplication filed by Arnzen a~ I direct that a represenlalive of said ~onrd attend lbo pablir hearing on sci0 applicahon on the above date or any adjoummem thereat to cxpr~s MSI's opposilia~ m said varlance being granted Signature Signature Please ad, isc me of auy ad~ournea hea,n~ date p~6 I wi}l not be able to altend Lhe hearing on Febraary 3. 2010, ~/I have sent a Ieoer direclly to the So,.nhold Town ZBA opposin~o thc application fma special exception use permit filed by Nancy ArnZen I enclose herewith my loiter and ask that you deliver il 1o Ibc Southold Town ZBA As a member of Matlhuck Saltaire, Inc., I direct Ihe Board of Directors to tss~}c letter to the Southold Town ~BA expressing opposition IO the aforesaid variance application filed by An:zen and I direct ~hal a representative of said Board auend the public hearing oil said application on thc a~ve date or any adjoummcm th.et/eof Io express MSI*s op~ition Io said vari~ being grante~. ~amc Please Prim Your Name Please Prim Your Please advise me of ally adjourned hearing date./ The ~sl p~ne numar to r.ch me al is(~J l) J~ ~ ~t I wi H riel be ~ble lo attend the hea~ing on February 3.2~10. I h,qve sam a letter directly to the Soutbold Town ZBA opposm~ application for a special excepllon usc permit flied by Nancy Amzen I enclose herewilh my letter and ask that you deJiveJ' il id Ibc Somhold Town ZBA As a member of Matliluck-Sa]taire. lac, I direct the Board of Directors to issue a ]citer to the Southold Town ZBA expressing opposition to the aforesaid variance applicalion filed b)- Arnzen and I direct that a representative of said Bo~rd a[Icnd lbo public hearing on said application on the above date or any adjoummem thereof Lo express MSI's opposition to said varianc~ 17~eing granted. Please Plmt Your Name Signature Please Print Your Name krr Please advise me of any adjourned hearing date The best r~hane number to reach me at is ~-'f'~il[ nol bc able lo attend thc heariu~, on February ~L 2010. I have ~¢nl ~. Iette~ direcdy lo ihe Somhold Town ZBA op~sln~ ~he application for a special exception use permit filed by Nancy Arnzen 1 cncI~e here~vith my teller and ask thai you deliver it IO the Southold Town As a member of Mattituck-Saltair¢, Inc., [ direct the Board of Directors IO issue a letter to the Somhold Town ZBA expressing opposition to the aforesaid variance application filed by ^mzen and I direct that a representative of Said Boar6 altend the public hearing on said appli~tmn on the above date or any adjournmen~ Please Print Your Name Plmse Prinl ~r Name The best phone ',number to reach me at iS ~ I wdl not be able to a~tend the homing on February 3. ?010 I have sent a loiter directly [o the Southold Town ZBA opposing thc application for a special exception usc permit fi]ed by Nancy Amzen K ) enclose herewith my loner and ask thai you deliver it to the SoutbolO Town ZBA As a member of Mattimck ga]tat[e, Inc.. [ direct the Board of DirectOrs to issue a letter to Iht: $oulhold Town ZBA expressin=~ opposiliop, Io the aforesaid variance application filed by Arnzen and I direct thai a representative oF said Board attend the public hearing on said applicalion on the above date or ar~y ad$ournmem ] wilt hal bc able to attend the hearing on February 3. 2010. [ have sent a letter dheclly to the Soulhold To;va ZBA opposing [he application for a special exceptioo use pe.rnfit filed by [qancy Arnzen ] enclose herewith my letter and ask that you deliver it to thc: Sou[held Town ZBA As a member of Mattimck-$aha~re. Inc., I direct the Board of Directors to issue a letter to the Southo]d Taws ZBA expressing opposilion to the aforesaid variance application filed by Arnzen and I direc~ their a repmsenlative of said Board attend the public hearla~ an said application en the abe~e date or any a~joummem Please Pfinl Your Name Please Print Your N~me ~ ~ me of any adjourned heatin~ da~ Please Zhe~stphoneaumbermrcachmeatis' - ' 'SO/~ 05q~ will not be able to aoend t~: hearing on February. 3,2010 have scm a letter directly to thc Soathold Town 7_,BA opposing thc application fo~ a special exception use permit filed by Nancy Amzen I enclose herewith my [elto[ and ask that you deliver it to the Southold Town ZBA As a member of Mauituck-Saltaire, Inc.. 1 direct the Board of Directors to issue a letter to the Southold Town ZBA expressing opposition to the aforesaid variance appllcation filed by Arnzen and I dirce~ that a representative of said Board attend [he public heating on said application on the above date or any adjournment thereof to express MS]'s oppos~tion ia said variance being granted. SJgpaq'ure Signature Please Prinl Your Name Please Print Your Name [hereof lo express MSl~.~-opposition lo said variance being granted Signature ~ S~nature,w ~ Please Print Your Name Please Pnnt Your Name Please advige me of any adjourned ~earing date The ~st ohonc number to reach me at is I .r:T& i ']'he best 0hone number to reach me al ~s I will not be able to attend the hearing on February 3. 2010 I have sent a letter 6irect[y to tt'~ Southold Town ZBA opposing the ' application for a special exception use permit filed by Nancy Arazen ~l enclose herewith my letter and ask that you deliver it to i~e Southold Town ZBA As a member of Ma[tltuck-SaKaire, thc.. I direct the Board of Directors to issue, a letter to the ~omnmu -~- ~ ~'~' ~ r~ '~' "' ~f sa d B~rd attend ~o~lication filed by Arnze~ l~irect lhgt a represemao~ ~ the p~ring on ~ion gn the a~ve Oate or any ad}ournment ~se Print Your Name Plebe Prim Your N~m~ . ~ ~ l~ Please advise me et any adjourned hearing The best phone numbe[ to reach me at tS ill nol be able lo attend the hearing on February 3. 2010 ...I have sent a leuer directly to thc Somhold Town ZBA opposing the application for a special exception use permit fi[ed by Nancy Arnzen .I enclose her*t~ith my loiter and ask that you deliver it to the Southold Town ZBA v~s a member o[ Mauimck Sakaire, Inc., I direct the Board o~ Directors to issue a letter ~o tg¢ Somhold Town ZBA expressing opposition to thc aforesaid variance application ri[ed by Arnzen and I dlmc~ that a rep~sentalive or said Beard attend the public hearing on said application on the above date or any ad~ouramen~ ~hereof ~o exp[ess MSI'~ opposition to said v~riancc being granted .d ~ · Signature S~naturc / ~ Please Print Your Name ~ie~Print our Please advlsc me of eny a~joumed hearing date. ~ ~ ~ ~//I wilJ nOl be ablc to atlend Ibc hearing on Febrtmq.' 3 2010 I ha~c ,.,.,nj u letter directly Id the Southold Town ZBA opposin$ applicaliOn fo]' a special exception use permil flied by Nancy Arnzen ZBA As a member of Ma~tituck-$altaire, lac I direcl the Board of Directors to issue a letter Io Ihe Southold 'Fowa ZP, A expressing OppOSiuon to [he aforesaid variance application filed by Arnzen and ) direct that a representative of said Board altend Ihe public hcann~, on saLd applicahon on the above date or any adjournment :~.~).~.m express MSI's opposition to said variance being granted. Please Priat Your Name Please PrimYour Name The best phone number m reach me al is will not be able to altcnd the hearing on February 3. 2010 . have sent a totter directly to the Southold Town ZB^ opposing pplicatien for a special e~ception usc permit flied by Nancy Arnztn enclose herewith my letter and ask that you delive~ it to the Southold Town ZBA As a member of Ma:tituck-Saltaire. ]nc. 1 direct the Board of Directors to issue a letter to the Southold Town ZBA expressing opposition to the aforesaid variance application filed by Amzen and I direct that a representative of said Board intend :bb;rcPo~bJioCexherac,};~;;.ss;;;oasPi,p,~};ation on t~en;~OV;n?:;~tr~.~adjot, Tmem ~ '~natur~ / Please Print Your Name ~ Please Print year N~me [ '~' I will not be able to an~nd lhe hgaring t~n February 3,2010. '~ . ..I have scnl a ]c11¢~ directly 1o thc SoulhoM Town ZBA apposing the application ~or a special exception use permil flied by Nancy Arnzen I enclose hem~xith my leUer and ask Ihal you deliver ~t to Ibc Soulhold Town Z~A As a member of MauJtuck-Sallaire, Inc., I direcl the Board o[ Directors to issue a Jelter to the Southold TDwn ZBA expressm~ opposition to the aforesaid variance · application filed by Amzen and 1 direcl tba~ a represenlBdve of said Board altend the public hearing on said applicalion on the above d~lc or ~n), adjm~mment lher¢o[ to express MSI blease Prinl Yo~ N~e Please' -Prh~t Your Name Ple~ ~d,'isc me of any ~djourned bearing ~a,e. The ~sl phone number Io re,ch me ~1 is '.X' I ~;ill not be able to attend the hearing on February 3, 2010. [ have sent a letter directly to the Southold Town ZBA opposing the application for a special exception use permit filed by Nancy Arnzen 1 enclose herewith my letter and ask that you deliver it to the Sonthold Town ZBA As a member of Mattituck-Saltaire, Inc., I direct the Board of Directors to issue a letter to the Southold Town ZBA expressing opposition to the aforesaid variance application filed by Arnzen and I direct thai a representative of said Board attend the public hearing on said application on the above date or any adjournment thereof to express MSi's opposition to said variance being granted. Si natare ' / Signature Please Print Your Name Please Print Your Name __Please advise me of any adjourned hearing date. The best phone number to reach me at is ./__~ will not be able to attend the hearing on February 3,2010. I have sent a letter directly to the Southold To~vn ZBA opposing the appbcation [or a special exception use permit filed by Nancy Arnzen I enclose herewith my letter and ask that you deliver it to the Southold Town ZBA As a member of Mattituck-Saltaire, lnc., I direct the Board of Directors to issue a letter to the Southold Town ZBA expressing opposition to the aforesaid variance application filed by Arnzen and I direct that a representative of said Board attend the public hearing on said application on the above date or any adjournment thereof to express MSI's opposition to said variance being granted. Signature ' ~ - Please Print Your Name Please Print Your Name Signature __Please advise me of an), adjourned hearing date. The best phone number to reach me at is will not be able to attend the hearing on February 3, 2010. I have sent a letter dirccdy to the Southold Town ZBA opposing the application for a special exception use permit filed by Nancy Arnzen I enclose herewith my letter and ask that you deliver it to the Southold Town ZBA As a member of Mattituck-Saltaire, Inc., I direct the Board of Directors to issue a letter to the Southold Town ZBA expressing opposition to the aforesaid variance application filed by Arnzen and I direcJt that a representative of said Board attend the public hearing on said application on the above date or any adjournment thereof to~'s ~~id variance being graoted. Signature Signature Please Print Your Name Please Print Your Name Please advise me of any adjourned hearing date. The best phone number to reach me at is ~-6'"'~----~ ~----'/ V/i will not be able to attend the hearing on February 3,2010. I have sent a letter direcdy to the Southold Town ZBA opposing the -- application for a special excepti6i5 use permit filed by Nancy Arnzen I ~,nc!ose herewith my letter and ask that you deliver it to the $outhold Town ZBA As a member of Mattituck-Saltaire, lnc., 1 direct the Board of Directors to issue a letter to the Southold Town ZBA expressing opposition to the aforesaid variance application filed by Arnzen and I direct that a representative of said Board attend the public hearing on said application on the above date or any adjournment thereof to. express MSI's opposition to said variance being granted. Sianalure Signature Please Print Your Name P!ease Print Your Name '~? Please advise me of an~ adjourned hearing date. -~, '7'~ g'~ '~ 5'7 t 5"" /..L?-~-..~ /~ The best phone number to reach'me at is ZONING AND PR~v'ATE COVEN.~NTS § 82:3 § 82:3 Rezonings, variances, special exceptions, subdivision approvals, and building permits do not affect and are unaffected by private covenants Pursuant to the principle that zoning and covenants operate independently, courts hold that the existence of a restrictive cov- enant has no relevance to the question of whether a zoning re- striction is valid? Similarly, courts hold that private covenants have nothing to do with the administration of zoning ordinances2 and that a municipality has no authority through zoning to abrogate or affect private covenants.3 A rezoning of land has no effect upon restrictive covenants burdening the land, and, conversely, restrictive covenants have no effect upon the validity of a rezoning.4 Additionally, it must be noted that while a restrictive covenant may not affect a developer's ability to have property rezoned, if the covenant is not properly recorded it will also be ineffective in [Section 82:3] ~E.g., Isenbarth v. Bartnett, 206 A.D. 546, 201 N.Y.S. 383 (2d Dep't 1923), afl'd, 237 N.Y. 617, 143 N.E. 765 (1924). And see cases cited § 82:2, supra. 2E.g., Whiting v. Seavey, 159 Me. 61, 188 A.2d 276 (1963) (restrictive cove- nants "have no influence or part in the administration of a zoning law"). And see State ex rel. Sims v. Eckhardt, 322 S.W.2d 903 (Mo. 1959), wherein the Supreme Court of Missouri held an ordinance void which provided that no permit could be issued by the administrative official or board of adjustment for a use which would violate a recorded covenant, condition, or restriction. The court determined that this ordinance, in effect, unlawfully delegated legislative power to private individuals who could create restrictions on the use of land to be enforced by the city. ~E.g., McDonald v. Emporia-Lyon Cour~ty Joint Bd. of Zoning Appeals, 10 Kan. App. 2d 235, 697 P.2d 69 (1985) (municipality has no zoning authority to abrogate private covenant restrictions). 4See the following cases: California. Seaten v. Clifford, 24 Cal. App. 3d 46, 52, 100 Cal. Rptr. 779 (2d Dist. 1972). Louisiana Annison v. Hoover, 517 So. 2d 420 (La. Ct. App. let Cir. 1987), writ denied, 519 So. 2d 148 (La. 1988). Nevada. Western Land Co. v. Truskolaski, 88 Nev. 200, 495 P.2d 624 (1972). Ohio. Willott v. Village of Beachwood, 175 Ohio St. 557, 26 Ohio Op. 2d 249, 197 N.E.2d 201 (1964). Pennsylvania. Schulman v. Serrill, 432 Pa. 206, 246 A.2d 643 (1968). South Carolina. Inabinet v. Bo/m, 262 S.C. 81, 202 S.E.2d 643 (1974). Texas. Independent American Real Estate, Inc. v. Davis, 735 S.W.2d 256 (Tex. App. Dallas 1987). See also cases cited at § 82:2, supra. But see § 82:4, infra. © 2005 Thomson/West, 5/2005 82-11 West[aw. 14 Misc.2d 1037, 179 N.Y.S.2d 60 (Cite as: 14 Mise.2fl 1037, 179 N.Y.S.2d 60) Supreme Court, Nassau County, New York, Special Term, Part I. APPLICATION of 109 MAIN STREET CORPOR- ATION, Petitioner, John J. BURNS, Supervisor, Henry J. Mclnnes, Councilman, Benjamin Zipper, Councilman, Major- ie Post, Councilman, Peter B. Allsopp, Councilman, Louis A. Sisia, Councilman and Edmund A. Ocker, Councilman, all of the foregoing comprising the Town Board of the Town of Oyster Bay, Respond- June 11, 1958. Proceeding to review determination of Town Board denying application for gasoline service sta- tion permit. The Supreme Court, Howard T. Hogan, J., held that where at time of application for gasol- ine service station permit, service stations were au- thorized in both 'F' districts, and 'G' districts in which property involved was located, but property was subject to restrictive covenant which limited property to uses authorized in 'F' districts, sub- sequent zoning ordinance amendment prohibiting service stations in 'F' districts did not affect the 'G' district property and the restrictive covenant did not justify denial of permit. Order in accordance with opinion. West Headnotes Zoning and Planning 414 ~::~1711 414 Zoning and Planning 414X Judicial Review or Relief 414X(D) Determination 414kl 711 k. Effect of change of law or facts. Most Cited Cases (Formerly 414k722, 268k621.57) Reviewing court must apply law as it finds it at time it decides appeal from Town Board's decision on application for gasoline station permit, regard- less of what it was at time Board made decision complained of. [21 Antomobiles 48A ~::::~395 48A Automobiles 48AVIII Garage Keepers, Repairmen, Auto Liv- erymen, and Filling Stations 48Ak395 k. Filling stations. Most Cited Cases Zoning and Planning 414 414 Zoning and Planning 414V111 Permits, Certificates, and Approvals 414VIII(A) In General 414k 1363 Automobile-Related Uses 414k1365 k. Sales and service. Most Cited Cases (Formerly 414k417) Where at time of application for gasoline ser- vice station permit, service stations were authorized in both "F" districts, and "G" districts in which property involved was located, but property was subject to restrictive covenant which limited prop- erty to uses authorized in "F" districts, subsequent zoning ordinance amendment prohibiting service st~itions in "F" districts did not affect the "G" dis- trict property and the restrictive covenant did not justify denial of permit. [31 Covenants 108 ~:::~77.1 108 Covenants 10811 Construction and Operation 10811(D) Covenants Running with the Land 108k77 Persons Entitled to Enforce Real Covenants 108k77.1 k. In general. Most Cited Cases (Formerly 108k77) Where certain individuals imposed restrictive covenant on area limiting property therein to uses in 'F' business district as set out in town zoning or- © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 14 Misc.2d 1037, 179 N.Y.S.2d 60 (Cite as: 14 Misc.2d 1037, 179 N.Y.S.2d 60) Page 2 dinance, only original covenantors or those for whose benefit restriction was created may enforce it. [41 Zoning and Planning 414 414 Zoning and Planning 414X Judicial Review or Relief 414×(A) In General 414k1580 Decisions Reviewable 414k1581 k. In general. Most Cited Cases (Formerly 414k570, 268k621.52) Even if Town Board, in addition to enumerat- ing specific standards, safeguards and conditions in zoning ordinance, may reserve to itself power to ap- ply further unprescribed criteria in each individual case, its determination denying application for per- mit is still subject to review. Const. art. I, § [ 1. 151 Automobiles 48A ~::::~395 48A Automobiles 48AVIIl Garage Keepers, Repairmen, Auto Liv- erymen, and Filling Stations 48Ak395 k. Filling stations. Most Cited Cases Zoning and Planning 414 ~[3:::~1365 414 Zoning and Planning 414V111 Permits, Certificates, and Approvals 414VIII(A) In General 414k 1363 Automobile-Related Uses 414k1365 k. Sales and service. Most Cited Cases (Formerly 414k417) Where Town Zoning Board created'~bt~siness~ district, town could not claim that petitioner for gasoline service station permit sought to alter char- acter of area, and refuse to grant pemait because area was mainly residential. *'61 '1037 John F. Coffey, Hempstead, for peti- tioner. Michael J. Sullivan, Oyster Bay, for respondents, Edward J. Poulos, Hicksville, of counsel. HOWARD T. HOGAN, Justice. This is a proceeding to review the determina- tion of the respondent Town Board denying peti- tioner's application for a gasoline station permit. The subject property lies in a 'G' Business District in the unincorporated area of the Town of Oyster Bay. However, on March 13, 1956, a certain re- strictive covenant was imposed upon it by certain individuals (whose interests are not revealed to the Court), limiting the property to uses authorized in a Business 'F' Zone as prescribed by the Buiiding Zone Ordinance of the Town of Oyster Bay. The uses permitted in a 'G' Business Zone are set forth in said ordinance in Article IX, section G- l. Subdivision 15 thereof provides that public gar- ages and filling stations are approved uses '* * * subject to the following provisions when permitted by the Town Board, after a public hear- ing: '(a) No repair work shall be performed in the open. '(b) Pumps, lubricating and other devices shall be located at least twenty (20) feet from the line of any street or highway right-of-way. '(c) All fuel, oil or similar substances shall be stored at least thirty-five (35) feet distant from any street or lot line. '1038 '(d)No automobile parts, dismantled vehicles and similar articles shall be stored in the open.' A hearing was held on the aforesaid application on April 1, 1958, at which time the respondent, in disregard of the fact that it was not a party to the aforesaid private restrictive covenant and in no way charged with its enforcement, treated the property as if it were subject to the limitations governing a Business 'F' District. The provisions regulating © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 14 Misc.2d 1037, 179 N.Y.S.2d 60 (Cite as: 14 Misc.2d 1037, 179 N.Y.S.2d 60) Page 3 gasoline filling stations in Business 'F' 'Districfg were, on April 1, 1958, almost identical with those applying in 'G' Business Districts (Supra). On April 18, 1958 a decision was rendered denying the application. As an affirmative defense to this petition it is alleged in respondents' answer *"62 that on April 8, 1958 there was adopted an amendment to the zoning ordinance prohibiting gasoline service stations and public garages in Business 'F' Districts. This amendment became ef- fective shortly afier the date of the aforesaid de- cision. [1][2][3] If this amendment applied to petition- er's property the Court would be powerless to con- sider this application further. It is well settled that a reviewing court must apply the law as it finds it at the time it decides the appeal, regardless of what it was at the time the Board made the decision com- plained of. Boardwalk & Seashore Corp. v. Mur- dock, 286 N.Y. 494, 36 N.E.2d 678; Dengeles v. Young, 3 A.D.2d 758, 160 N.Y.S.2d 83. H0wevei:;. the amendment did not affect this property insofar as the Town was concerned, since it lay at all times in a 'G' Business District. Only the original coven- antors or those for whose benefit the restriction was created may enforce it. There appears no allegation that the Town had such a right. In State ex rel. Folkers v. Welsch, 235 Mo.App. 15, 124 S.W.2d 636, at page 640, it was said: '* * * the further fact that there are restrictions of record against the use which relator proposes to make of the property, do not justify the Building Commissioner in refusing to perform the duty of is- suing the permit in view of the fact that all of the requirements of the ordinance governing such per- mits are admitted to have been complied with by re- lator. The admission by the relator that such restric- tions do exist is very far from an admission of their validity, and it is obvious that the Building Com- missioner has no authority or power to determine whether or not such restrictions are valid or invalid. ..,i '. * * * The office of the Building Commissioner is clearly not the proper tribunal to pass upon such a judicial '1039 question, not to mention any sup- posed authority to assume that the restrictions are valid merely because the objecting third parties have called them to the attention of that office.' In Nemet v. Edgemere Garage & Sales Co., Inc., Sup., 73 N~Y.S.2d 921, at page 924, Mr. Justice Froessel said: 'The Board of Standards and Appeals may, within its powers, grant a permit to an owner, but it may not determine rights in real property.' (Emphasis supplied.) Accordingly, the Court is bound to consider this as an application made under Article IX, Sec. G-l, of the zoning ordinance, and to examine the application of that section to the instant facts. It ap- pears from the record that no finding was made that p~[itioner was not prepared to comply with all the conditions enumerated in the ordinance. The Board based its decision rather upon the findings that: (1) the property is bounded on the north, east and west by other business property, but that **63 on the south, on the other side of Old Country Road, a wide, busy thoroughfare, there is a residence dis- trict; (2) some distance to the east and south is loc- ated a public elementary school; (3) the granting of the permit is not in accord with the comprehensive plan for the zoning of the area; (4) it would tend to interfere with the flow of traffic along Old County Road, and (5) the proposed use is neither in keeping with the mainly residential character of the area nor the most appropriate use of the land. [4] Even if it be assumed, arguendo, that a Town Board, in addition to enumerating specific standards, safeguards and conditions in an ordin- ance, still may reserve to itself the power to apply further unprescribed criteria in each individual case (and such practice, in the opinion of the Court, d~enies to applicants the equal protection of the laws guaranteed by Art. 1, Sec. 11, of the New York State Constitution, and opens the door to other © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 14 Misc.2d 1037, 179 N.Y.S,2d 60 (Cite as: 14 Misc.2d 1037, 179 N,Y.S.2d 60) Page 4 grave abuses), its determination still is subject to review. Frantellizzi v. Herman, 1 A.D.2d 980, 151 N.Y.S.2d 396. The objections raised in the respondents' de- cision will be treated seriatim. First, it is tree that on the opposite side of Old Country Road, a wide, east and west arterial high- way, there is a residence zone, but somewhere there must be a dividing line separating every district from another. The Town Board, in adopting the zoning map, created this particular dividing line which is far more definitive than those ordinarily separating two districts. Old Country Road provides an effective buffer, not only against this use but for all the other uses permitted as of right in a 'G' Business District. '1040 Second, the elementary school in ques- tion to the knowledge of the Court is set back a considerable distance south from the south side of Old Country Road, whereas petitioner's property is located on the north side, at least seven hundred feet west of the west line of the school boundary. Traffic lights control both nearby intersections. Even if the proposed use were to emit any noise, dust, fumes or odors, they could not reach the school, nor would it present a real fire hazard at that distance. Theatres, assembly halls, bowling alu leys, bus passenger stations and the like, Which uses permitted on the premises as of absolute right would create no less hazard or disturbance. Third: Since the Town Board itself ad6pted the 'comprehensive' zoning plan in which this area is included, and since that plan designated it as a 'G' Business District and made express provision therein for gasoline stations, it cannot now consist- ently hold that such use '* * * would not be in ac- cordance with the comprehensive plan for the zon- ing of this area'. Fourth: These same respondents, as recently as February, 1958, were instructed by Mr. Justice Hill ( **64Matter of Edelman [Town Board of Town of Oyster Bay], Sup., 179 N.Y.S.2d 59) that '* * * considerations of traffic burdens and hazards are for the police and not zoning boards'. See also Linn v. Town of Hempstead, 10 Misc.2d 774, 170 N.Y.S.2d 217, 224, and cases cited therein. [5] Finally, the respondents themselves estab- ii,bed the character of this neighborhood, which they describe in their decision as 'mainly residen- tial'. In passing upon the precise point this Court stated in Syosset Holding Corp. v. Schlimm, Sup., I59 N.Y.S.2d 88, at page 91, modified in other re- spects and affirmed 4 A.D.2d 766, 164 N.Y.S.2d 890: 'This zoning has thus fixed the character of the neighborhood. When one buys a home adjacent to vacant land with notice that it is already zoned for business or commercial uses, he cannot be heard to complain that its future development for such use will change the essential nature of the community.' Having created this business district, respond- ents hardly can be heard to say that the petitioner seeks to alter the mainly residential character of the area. For all these reasons the determination is arbit- rary and capricious and must be annulled. Petitioner i~7~entitled to an. order granting the relief sought. l~mceed on notice accordingly. This decision is not to be construed as passing in any way upon the validity of the private restrictive covenant of March 13, 1956. N.Y.Sup., 1958 109 Main St. Corp. v. Burns 14 Misc.2d 1037, 179 N.Y.S.2d 60 END OF DOCUMENT © 2011 Thomson'Reuters. No Claim.to Orig. US Go'v. Works. DECLAP~TIOI~ OF PROTECTIV~ COV~2~T$ made ~his 5th day ~us~' 1966 by CASBOR, INC.~ (hereiDa£ter referred T0 az ~ ~omestl~ corporation with office and pri~ci~al place of busi- ness a% Homestead Road~ Cora~, New York. %/~S, Casbor is the o~er of c~r~a~ l~d~ at ¸;I Shown o~ s certain m~p dated March 2~', 1966, entit]ed Laird ~rvep'or~ i~.Y.S. Lic, I~o- 12~45, Riverhcad, on >, 1~)66, File Bo. 4682 and in o~de~ to provide for ahall b~ bir. d~6 on all ~h~ purchasers ~n~ mor~- oc(up~cy of ode fam~.ly ~d one priva~ 6ar~6e ~hall bc ~' m~ ,ch~i~e or good~ of ~y kznd Or for tr,~de or 6¸. No stables or outside ~oilets ~hall bs erect~i on said ~,U' [0 1966 E. KLIP? ,_ T~T~. CC, Ui~TY O~ did deDos SUPF OLE: 02/01/2011 01:42 FAX ~ ~666 [~006/008 ANENDED DECLARATION OF PROTECTIV~ COVENANTS I, IRERi~AS, NATTITUCK SAL'£AXRE ~STATES, INC.. a not-~c .- px'O~iC corpor:lLion'~tth off ce a~d principal place o£ b~si~ess (n,O t) Reeves Art,hue, Hatticuck, New York, is ~he successor tn in. t. tesc co CASBOR. [NC., a doms[ic c~rpo~aCton ~ith o/i[~e an~ principal place of busi~es~ a~ (no t) Homestead ~d. Coram. '~c,~k, and ~lS. ~R. I~C., by a ~eclara~ion recorded on '.~usC 10. 1966 in Ltber 6009 Pa~ 320 amended the deed oi John ~lty and ochers recorded iff the Sit,folk Country Clerk's O~fice oe~ ~uember 16. ~96~ tn ~ iatd deed and declarl :t.~. provid/n& for esr:sin covenants and restrtc~ionsa and ~HERE~. said covenan:s and restrictions v~re :o expite i o~ the ls: day of January, ~g82~ ~S, said covenan:s and res:fictions provided · :[~ · ~ay be ~dified or a~nded by CAS~R, INC., i~s successors ~{ER~. by ~ u~an~ua v0Ce on ~ovember ~5, ~98~, re~lar ~ecing o~ the Board of Direct-rs of ~T~TTUCR SALTAI~ ~A~5, I~C., t~ ~as decerm~ed chat, in ~der co provide tt~ continued beneficial and harmonious development and use of the ~i~ ~rch 22, t966~ ~tl~ in the Office of :he Clerk ' the ~y of Su~fotk ~ Au~St 3, ~966, ~ile outer ~682, the =~en~:l and ces:rtccions heretofore recorded On AU~SK ~0, 1966 should be eXcended ie perpecu$cy, unless sooner ~odifted or C~inated by :he ~T. tUCK ~TAIRE ESTATES, INC., and said ~)dified and a~ndcd covenants and restrictions upcn" acctcuck 02/01/2011 01:43 FAX ~ M666 ~007/008 ! ss $~,ltaire Estates" S~lOUld co,.tinue to be binding on ali purehasere, aln~ mortgagee-s of individual lots. thei~ heir~, executors, ~lm .istrators and assigns. NOW, ~{~RFrO~, .a:agraph I of the D~cIaration set (o:~ above, as amended, is hereby ames~e~ and modifk~ as fo~s~ 'These covenants and restri~ ,~oQs sha~l run with the lamnd hereby conveyed and sha)l b~.d an~ inure to the besetit of the said parties beret.,, their heirs, and admini~tratoe~ and perpetuity, un[ess ~oone~ ~dified o~ terminated by the ~TTIT~CK SALTA[~f EgTATES, INC." IN ;'*ITNgSS g}lg~Or, the f~regoing Declaration has been e;~eeuted by Matt~ ,]ck SaLtaL~e Estates, Inc. the ~ay an~ year fi. fsi above written. ,., ~TUCK S~TA~ ~STATES.,~ ~'. "~;' ~z~b~ h M. V[sse~-,',,)-- On the 17th day of Novcmbe~ ,1992, before me ~rsonally c~ ELIZABETH ~. VISSER. to me khan, who being by mo duly ~orn did depose and ~ay that~e resides ~t RR ~1, Box 131, S~ltaire ~ay, Mattituc'k. N~,w York; t~t ~e i,s the ' Pve~dent of ~I~CK SALT,'.~RE ESTA~S, /NC., the corers o~:ion described ~n a-d which executed th.~ foregoing instrument; bv order of the board of directors of ga;d corooration and that ~ sigrled hi~.%namc Lhere:o by ]{k6,order. ..1 RECETVED BOARD OF APPEALS Mailing Address: P.O. Box 614 Riverhead, NY 11901 JANICE M. OLSEN 2550 Reeve Road Mattituck, New York 11952 January 28,2011 Leslie Kanes Weisman, Chairperson Gerard P. Goehringer, Vice-Chairperson George Homing Ken Schneider James Dinizio Vicki Toth Lucille Cappabianca Elizabeth Sakarellos Zoning Board of Appeals Toxvn of Southold 54375 Route 25 Southold, New York 11971 Re; Application for Variance - Nancy Amzen 145 Wavecrest Lane, Mattituck, NY Ladies & Gentlemen: I enclose herewith letters from the following individuals who own property in the subdivision in which Mrs. Arnzen's property is located expressing opposition to the above- referenced application: Mr. John Wills Mr. Robert Belford Maureen & William Sanok Debra & Robert Bales Kenneth & Carol Euring Suffolk Co. Police Commissioner Richard Dormer Patricia L. Acampora, Commissioner of the NYS Public Service Commission Sincerely, ~, /~ Janice Olsen January 23, 2011 ~OARD OF APPEAL~ To Southold Zoning Board: This letter is in regard to the application to the zoning board by Nancy mrnzen, Who rcsides at 145 Wavccrest Lane, Mattimck for a special excepfon usc variance, So she can reside in the 2 story garage erected in her backyard in 2003. First of all she already resides in this 2 car garage illegally for 7 years and I hope her taxes reflect this. Secondly this is against all the covenants of this area, xvhich We reside in Mattituck-Saltaire Association and pay dues to protect. Thirdly the majority of the people in this Association feel this way and wants the Covenants & Restrictions abided by in this neighborhood. Do not give Nancy Arnzen her special exception use variance, We are Strongly opposed. Carol Euring Kenneth Euring 280 Wavecrest Lane Mattimck, New York 11952 Southold Town ZBA Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Robert S. and Debra K. Bales 1165 Saltaire Way Mattituck, NY 11952 ~ECE~/ED ~OARD OF APPEAL~ Attention: Ms. Weisman & Members of the Board Currently there is a pending application submitted by Ms. Nancy Arnzen of 145 Wavecrest Lane, Mattituck, requesting a special exception use variance for said property. The application is for converting a accessory garage into a residence. Please be advised that the Covenents and Restrictions for the MattituckoSaltaire homeowners association prohibit such structures. Our C&Rs state "No buildings other than one private dwelling for the use and occupancy of one family and one private garage shall be erected on any one lot." As residents of Mattituck-Saltaire we object to any variance that is not in compliance with our C&Rs. Permitting these types of structures in our neighborhood will place additional requirements on our sensitive water supply which many of us still rely on for our drinking water and will also place increased quantities of sewage that must be handled by septic systems. It is understood by everyone that purchases in our neighborhood that they must comply with C&Rs. Please reject this application. Sincerely, Robert S. Bales Debra K. Bales January 20, 2011 Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 PO Box 1179 Southld, NY 11971 Maureen and William Sanok 250 Saltaire Way Mattituck, NY 11952 January 22, 2011 ~ECEIYED ~3~ARD OF APPEALS Dear Chairperson Weisman, We would like to voice our objection to the application for a special exception use variance on property at 145 Wavecrest Lane, Mattituck, NY (tax map #473889 Section 100 Block 0001 Lot#012). The owner applied for and received approval to build a non-heated, non-habitable accessory garage at the rear of their property. Once the building was completed, it has been used as a second residence in violation of the original application and approved building permit. If an exception is granted, it is setting a precedent that is unacceptable and misleading not only for Southold Town but also for Mattituck-Saltaire Inc. which also has covenants and restrictions on accessory buildings. We realize that there is a need for lower cost housing in the Town but we feel that the application used in this case was not truthful and will open the approval process to criticism and challenges. Sincerely, Mau~en Sanok William San ~/// / / 'V /~J 5outhold Town Zoning Board of Appeals \ ~t /p 0 Box 1179 Southold NY 11971 3an. 12, 2011 ~ECE~VED ~OARD OF APPEAL~ Ref. Request of variance by Nancy Arnzen, 145 Wavecrest Lane, Mattituck, NY Members of the Board I wish to enter my objections to any granting of the ref. variance request. The local Covenants of our Association prohibit the use of any outbuilding for residential purposes. I don't object to the modificaUon of a residence for an accessory apartment, but granting of the above could "open the door" for any one in our association, to construct outbuildings for rental purposes. There our many examples in Suffolk, in which similar construction has led to urban d~r~y. I therefore respectfully request that this variance be denied. Thank You .~/ohn Wills 390 Wavecrest Lane Nlattituck, NY 11952 January 17, 2011 Town Of Southold Building Department Town hall Southold, New York Ms. Leslie Kanes Weisman, Chairperson Town Of Southold Zoning Board of appeals ~,OARD OF APPEAL~ Dear Ms. Weisman: Be advised that I have recently become aware that a homeowner located at 145 Wavecrest Lane, Mattituck, NY has submitted an application for a variance which would enable her to live in the two car garage located on her property. I am writing this letter to the Board to strenuously object to this application. My wife and I bought property in Mattituck many years ago with the intention of eventually retiring and living in this community. Allowing this kind of variance would in my opinion diminish the value of our property and would certainly change the character of this beautiful community. I respectfully request that the Board of Zoning Appeals deny this application. ~uisa Court Not ~ort, NY 11768 PATRICIA L. ACAMPORA 500 Wavecrest Lane Mattituck, New York 11952 January 13~ 2011 BOARD OF APPEALS~o Chairperson Weisman and Members of the Southold Town Zoning Board of Appeals 54375 Route 25 P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman and Members of the Board: I write tO you on behalf of my husband, Alan Croce and myself who reside at 500 Wavecrest Lane in Mattituck. It has come to our attention that Ms. Nancy Arnsen residing at 145 Wavecrest Lane has applied for a special exception use variance so that she can reside in the two-story garage which she ereCted in her backyard in 2003. It has been known to all the neighbors living in the area that this has been an illegal residence for the past few years. Ms. Arnsen built the garage with the accessory apartment for her use as her relatives moved into the main house. Her relatives no longer reside at her home and she can move back into the main structure. From the beginning this building and what was planned were hidden in secrecy and now finally Ms. Arnsen wants to make it legal. As someone who grew up in the western part of Suffolk County, I can tell you that the illegal accessory apartment issue has lead to many problems for neighborhoods and local governments. As a former state lawmaker and my husband a former law enforcement official, we believe that laws are made for a reason and should not be circumvented for personal gain. The granting of this request would be rewarding someone for violating Town Law. Also, as a homeowners association we do have Covenants and Restrictions in our By-Laws that do not allow buildings other than the main structure on the property. Granting this application would set a bad precedent and have far4reaching negative impacts on our neighborhood. What makes our Town special is that it doesn't look like the western parts of our County. Keep Southold special. It is our hope that you take the concerns of our community into consideration when making your final decision. /J~atricia L. A~rdpora '/,/ - Mr. & Mrs. Paul Contoveros 245 Wavecrest Lane Mattituck, NY 11952 Ms. Leslie Kanes Weisman, Chair Members of the Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Dear Ms. Weisman & Distinguished Members of the ZBA: We are not going to be able to attend the February 3~ public hearing in person but we would like to express our strong and unequivocal opposition to the potential approval of the variance application submitted by the Nancy D. Arnzen Irrevocable Trust regarding the establishment of an Accessory Apartment in an accessory structure at 145 Wavecrest Lane~ in Mattituck. We sincerely hope that the requested variance will not be granted. Sincerely, Paul Contoveros Aspasia Contoveros Owners of property located at 245 Wavecrest Lane in Mattituck, NY .THURSDAY, NOVEMBER 30, 1989 for Homes the Cars ~ Route 48'abou p.m., then you 9 and the t .o~..~ ~h~ a problem---one "' th~it COuld't~' '.r~ ~ub~ ,t~nttally in" ~, areas s.h,~ ~r ~eavy de~ opmeut ~'~ AndT~o68fi th~ t~,~nti~~ adopt~ ~a M~ter PI~ ~d ~-~. · ~ ~e ~ o~in~ it did nut add~ 'tmr~c ~ ~ to handle Pmj~t~ inched ~ in the t~. Du~ng the p~t d~ n~ su~i~siom ~ add- ~ on to the old on~, and many p~vided only one road ncce~ to the t~n's major .a~efies, .State ~ute 25 and County Route 48. The biggest a~a slate~ for ~g~th is beton ~stern Mat- tituck and the Ri~rbead ~n lin~ tn stages because all the subdivi- would not be developed at OUCO. "From a planning perspective, we need to look at the problem now to see how theproposed develop. meat will affect existing traffic pro- blems and identify ways to mitigate their impacts:' said Scopaz. "We don't have a blueprint for how new roads should be designed or what roads could be revised or widened:' The Planning Board has tried to lessen the impacts of traffic by working with developers on a case- by-case basis, she said. For exam- pie, Scopaz said, if th~'e small .shopping centers are proposed ad- jacent to one another, the board re- quires that an internal road cohnect them to prevent traffic from enter- ing and leaving the main roads to according to Town Planner Valerie get from one shop to another ~s~she s~d:~:~ 'L, she said "gut we Aq~h~. hqt s~t,, .she ~d~ ~s k study ~d a pl~ t~,~mplement it on ~t~ n~aa~'t ahead th~ ~t ~' ~aszs. sideof~eJnCu~honue Both the Sta~epartmeut of 'tn~a~ut3~sht~for ~ns~tation and the County ~.~is~on wm~ ~utd ~eld II0. ~m~ut Of ~bHc ~rks would ~.~mgle-fa~ilv lots ~d '1 ~ en.~n. ~ ha~ to be involv~ in the planning ..... t sl~e 0~ ~nsive project. But if ~t is not ~ Mkttituck ~lnlet ~-'_ -. - :' him ~ she obser~d, n~ subdivi- Sions will continue to be tacked ~p~~.~ to ~isting ones until the side roads ~E~ , ~ ~ cong~ted ~ the ma . roads .~~~¢ "NO one, I'kes chan ~ . ,, 8R .but the f the t~-lot' su~ivislon~ s~d "d~vided and the prob em is n ~ S~p~, who add~ that ~tden~ ;. m~ to 8et any ~tte~' she said. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.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/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3, 2011 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~ FEBRUARY 3, 2011: 10:50 AM - NANCY D. ARNZEN IRREVOCABLE TRUST #6446 - 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 at: 145 Wavecrest Lane, Mattituck, NY. SCTM#1000-100-1-12. 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.n¥.us. Dated: January10,2011 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.north fork.net January 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,February 3, 2011 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 January 17th: 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 Southold Town Assessors' Office, 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 owner1 to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing1 providing the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along 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 January 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin,q for receipt by our office before February 1, 2011. 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: SCTM #: ARNZEN, N. IRREVOCABL LIVING TRUST # 6446 1000-100-1-12 VARIANCE: SPECIAL EXCEPTION REQUEST: ACCY. APARTMENT IN ACCY. BLDG. DATE: THURS., FEB. 3, 2011 10:50 AM If you are in.terested in this. project, you may review the file(s) prior to the hearing dunng normal bus~ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 20th day of January, 2011. · 'Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 3,2011 PUBLIC HEARINGS NOTICE I$ HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of South#Id, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, South#Id, New York 11971-0959, on I]~ RUARY 3. 2011: 9..30 A.M.- MARY ANN PRICE #644? - Request for Special Exception under Chapter 280-45B(8). Owner re- quests authorization to operate a flea market at: 730 Love Lane Mattituek,NY. ~nd DONNA M. GOGGINS #6444 - 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 at; 8755 New Suffolk Road (Fifth Street) (adj. to Great Peconic Bay) New Suffolk, 10:10 A.M.- IRENE RUTKOWSKI F.~- 'finis is a request for a Waiver under #ode Article II, Section 280-10A, to unmerge land identified as SCTM # 00¥115-2-13, based on the Building Inspector's November 16, 2010 Notice of Disapproval citing Zoning Code Section 280-iOA, which states that the nonconforming lots merged until a total lot size conforms to the current day of bulk schedule (minimum 40,000 square feet in this R40 Residential Zone Dis- trict) this lot is merged with lot 12 to the west, at: 18525 and 18375 Route 25 Mathtuck, NY. SCTM#1000-115-2-13 and 12. 10:.30 A.M.- JEFF ANDRADE 06435 - (adj. from l/6/llPH)Request for Vari- ance from Code Section 280-13 and 280- 15 and the Building Inspector's Septem- ber 29,2010 Notice of Disapproval based on an application for building permit to construction an accessory structure 1) proposed building is not accessory to existing structure, 2) accessory structure exceeding the maximum 750 sq. ft. al- lowed per code; at: 43850 Main Rd. (SR 25), Pecoinc, NY. scrM#1000-75-64. plicant 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 at: 145 Wavecrcst Lane, Mattituck, NY. 11:15 A.M.- JOHN and DANIELi.~ VENETIS 06313 - (Re-opened by Res- olufion to clarify the record) Requests for variances under Sect. 280-116(B) and 124, based on the Building Inspector's August 17, 2009 Notice of Disapproval concerning an application for demolition and a building permit for a new single family dwelling at; 1) less than the code required minimum setback of 75 feet from a bulkhead, 2) less than the code required front and rear yard setback of 35 feet, 3) less than the code required combined side yards of 25 feet, 4) more than the code required 20% lot coverage (buildable area), 5) 280-a access, at: 2600 Takaposha Road, (adj. to Corey Harbor) South#Id; CTM 1000-87-6-4. 11:15 A.IVL- JOHN and DANIELLA V~ - (Re-Opened by Res- olution to clarify the record) Requests for Variances under Sections 280-116-B and 280-124. based on the Building In- spector's April 20, 2010 Notice of Disap- proval concerning an apphcatinn for re- construction and second floor addition, which new construction will be: 1) less than the code-required miniature of 75 feet from the bulkhead, 2) less than 35 !'~qr~/}/~./ 2011. NOTARY PUBLIC-STATE OF NEW YORY, No. 01.V06105050 Qualified in Suffolk Courtly 25 feet for both (combined) minimum age (building area), Location Of Prop.. ty: 2600 Takaposha Road, (adj. to Corey D~ - (Re-opened from toFs March 10, 2010, Notice of Disap- Adjourned from Public Hearing Jan- uary 6,2011: BARBARA CAVALLO ~6436 The Board Of Appeal~ will hear all office at (631) 765-1809, or by emaii: 54375 Main Road (Office Location} 53095 Main Road (Mailing~lSPS} P.O. Box 1179 ZONING BOARD OF APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of NANCY D. ARNZEN IRREVOCABLE TRUST (Name of Applicant) SCTM Parcel #1000-100-1-12 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:,..t. ~ On there'1 day of January, 2011, 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 ~;~ O ~/-/ day of January, 2011 - ~' (N(~ary Public) R MARGARET C, , Notary Public, St~-, ;,:,~k NO. 4~::' Qualffiod in Commission F_xpi~e,~ ~.~.', ~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. · Complete Items 1,2, end 3. Al~lo Complete Item 4 If Restricted Delivery 18 desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the beck of the mallplece, or on the front if space permits, 1. Article Addressed to: PS Form 381:, ........ A. Signature ,~,,Recelvedby(PrlnteclName) C~ ~ate of Delivery D,Is delivery ~._~dre~ different from Item 17 i-1 Yes If Y.,,~.~.~.~ i~( address below: [] No [] Re~~lr~lll~ [] Retum Receipt for Memh~ndlse [] Insured Midi [] O,O.D. 4, Restricted Dellvery~ ~-xtm ~ee) [] y~ NANCY D. ARNZEN IRREVOCABLE TRUST NE1GBHOR LIST 1000-100-1-12 JANICE OLSEN PO BOX 614 RIVERHEAD NY 11901 SCTM: 1000-1-10 HELEN KULCVYCKI DAVID HILGENDORFF 2160 REEVE ROAD MATTITUCK NY 11952 SCTM: 1000-3-2.2 ANASTASIA & MICHAEL NISYRIOU 20-28 37TM STREET ASTORIA NY 11105 SCTM: 1000-100-1-11 PAUL & ASPASIA CONTOVEROS 21-61 38TM STREET ASTORIA NY 11105 SCTM: 1000-1-13 DAVID H1LGENDORFF HELENE KORBIN 2160 REEVE ROAD MATTITUCK NY 11952 SCTM: 1000-100-3-2.3 RECEIPT 7192 6463 3110 C000 8443 FROM: SEND TO: RECEIPT 71926463311000008450 FROM: SEND TO: FEES: TO FEES: postage 044 RECEIPT 71926463311000008457 FROM: M(x~re Law Office RE: Amzen ZBA hearing SEND TO: PAUL & ASPASIA CONTOVER~ 21~1 38TH STREET ASTORIA NY 11105 FEES: Postage 044 RECEIPT 7192 6463 3110 0000 8474 FROM: SEND TO: HELEN KULCVYCKI FEES: Res ' RECEIPT 7192 6463 3110 0000 8481 FROM: SEND TO: HELENE KORBIN 2160 REEVE ROAD FEES: Postage 044 Cer tit*ed Fee 2S0 F/~I'MARK O1~ MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3. Se~'~ee Ty~-~e d(ExtraFee) r-]Yes CERTJFJE~I J2. Article Number I I 7192 6463 3110 0000 8481 7192 6463 3110 0000 8481 1, Article Addressed To: DAVID HILGENDORFF HELENE KORBIN 2160 REEVE ROAD MATTITUCK NY 11952 MOOR, E LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 J2, Arti:l:9N~m:~63 ]110 00"0 8467 Signature: ([3Addressee or [3Agent) Received By: (Please Print Clearly) C. Date of Delivery 7192 6463 3110 0000 8467 t, Article Addressed To: PAUL & ASPASIA CONTOVEROS 21-61 38TH STREET ASTORIA NY 11105 MOOR~ LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature ([3Addressee or [SAgent) X Received By: (Please Print Clear?y) Date of Delivery 7192 6463 3110 0000 8450 1, Articte Addressed To: ANASTASIA & MICHAEL NISYRIOU 20~28 37TH STREET ASTORIA NY 11105 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of NANCY D. ARNZEN IRREVOCABLE TRUST AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-100-1-12 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Nancy D. Arnzen, residing at 145 Wavecrest Lane, Mattituck, New York being duly sworn, depose and say that: On the..2~, day of January, 2011, 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, FEBRUARY 3, 2011. N ~n-c-y' ~nzen ' Sworn to before me this *near the entrance or driveway entrance of the property, as the area most visible to passersby. 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 December 14, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6446 Owner/Applicant: ARNZEN, Nancy D. Action Requested: Accessory apartment in accessory garage. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie ZBA ~, Neisman Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.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/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 February 17,2011 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Special Exception//6446 - Amzen Dear Ms. Moore: Transmitted for your records is a copy of the Board's February 16, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy of this determination to the Building Department. If you have any questions, please call the office. Sin~re~_, ! ff Vicki Toth Encl. Cc: Building S.OA Mattituck Saltaire Estates, Inc ARNZEN LTR TO MSI BOARD ARNZEN SITE/"GARAGE" PLAN BUILDING PERMIT CERTIFICATE OF OCCUPANCY MSI HOMEOWNERS LETTERS ? 8 CONSANGUINITY COVENANTS AND RESTRICTIONS AMENDED COVENANTS AND RESTRICTIONS lO 42 October 23, 2002 gaihaire Association, We are planning in the near future lo build a two car garage with some office space in the rear of our yard Also, we are planning on removing some trees in this process Thc garage will be cedar shingled lo match lhe exterior of our home. We feel that this structure will fit in properly wilh the surroundings of our neighborhood We would like Io go about Ihis within the next two months. Please feel free to contacI us if you have any concerns ofour project. (631)765-6264. We reside at 145 Wavecresl Lane. David & Valerie Arnzen 0 ¢ o ~o~O FIf~$T FLO0~ PLAN STAGE d UTILITY 16'0 i STUDIO FLO0~ PLAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. (THIS BUII~]ING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 28925 Z Date NOVEMBER 18, 2002 Permission is hereby granted to: NANCY D ARNZEN 145 WAVECREST LANE MATTITUCKfNY 11952 for : CONSTRUCTION OF ~ NON-HEATED, NON-HABITABLE ACCESSORY GAl{AGE AS FOR at premises located at Cotmty Tax Map No. 473889 Section 100 pursuant to application dated NOVEMBER Building Inspector to expire on ~4~Y Fee $ 460.80 145 WAVECREST LA MATTITUCK Bl~k 0001 Lot No. 012 15~ 2002 and approved by the 18, 2004. ........ ! / ORIGINAL Rev. 5/8/02 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. DEC ! 3 ZOtO CERTIFICATE OF OCCUPANCY No: Z-29690 Date: 09/05/03 THIS ~TIFI~S that the building ACCESSORY Location of Property: 145 WAVECREST LA MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Ta~Map No. 47388~ S~ction 100 Block i Lot 12 Subdi~risi~ Filed Map No. Lot No. -- conforms substantially to the A~plication for Building Permit heretofore filed in t~/s office dated NOV~4~BER 15r 2002 puxsuant to which Build/rig Permit NO. 28925-Z dated NOVEMBER 181 2002 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 ACCESSORY NON-HABITABLE C~%RAGE AS APPLIED FOR. The ce~cificate is iasued to NANCY D AP/~ZEN of the aforesaid building. (OWNER) ~Um~OLKCOUNTYDEPARTM~NTOF~LTHAPPROVAL R10-03-0033 ~.~CTRICALCERTIFICATHNO. 1143548 PLI~S C~KTIFICATI(~DA-A-~ 03/30/03 HI-TECH PLUMBING o7/3o/o3 o6/23/o Rev. 1/61 PATRICIA L. ACAMPORA 500 Wavecrest Lane Mattituck, NewYork 11952 January 13~ 2011 Chairperson Weisman and Members of the Southold Town Zoning Board of Appeals 54375 Route 25 P.O. Box 1179 Southold, New York 11971 Dear Ms. Weismar~ and Members of the Board: I write to you on behalf of my husband, Alan Croce and myself who reside at 500 Wavecrest Lane in MattRuck. It has come to our attention that Ms. Nancy Arnsen residing at 145 Wavecrest Lane has applied for a special exception use variance so that she can reside in the two-story garage which she ereL-ted in her backyard in 2003. It has been known to all the neighbors Jiving in the area that this has been an illegal residence for the past f~w years. Ms. Arnsen built the garage with the accessory apartment for her use as her relatives moved into the main house. Her relatives no longer reside at her home and she can move back into the main structure. From the beginning this building and what was planned were hidden in secrecy and now finally Ms. Arnsen wants to make it legal. As someone who'grew up in the western part of Suffolk County, I can tell you that the illegal accessory apartment issue has lead to many problems for neighborhoods and local governments. As a former state lawmaker and my husband a former law enforcement official, we believe that laws are made for a reason and should not be circumvented for personal gain. The granting of this request would be rewarding someone for violating Town Law. Also, as a homeowners association we do have Covenants and Restrictions in our By-Laws that do not allow buildings other than the main structure on the property. Granting this application would set a bad precedent and have far-reaching negative impacts on our neighborhood. What makes our Town special is that it doesn't look like the western parts of our County. Keep Southold special. It is our hope that you take the concerns of our community into consideration when making your final decision. Sincerely, Patricia L. Acampora January 17~ 2011 Town Of Southold Building Department Town hall Southold, New York Ms. Leslie Kanes Weisman, Chairperson Town Of Southold Zoning Board of appeals Dear Ms. Weisman: Be advised that I have recently become aware that a homeowner located at 145 Wavecrest Lane, Mattituck, NY has submitted an application for a variance which would enable her to live in the two car garage located on her property. I am writing this letter to the Board to strenuously object to this application. My wife and I bought property in Mattituck many years ago with the intention of eventually retiring and living in this community. Allowing this kind of variance would in my opinion diminish the value of our property and would certainly change the character of this beautiful community. I respectfully request that the Board of Zoning Appeals deny this application. misa Court ~ort, NY 11768 January 23, 2011 To Southold Zomng Boa.rd: This letter is in regard to the application to the zoning board by Nancy a~x~llzen, Who resides at 145 Wavecrest Lane, Mattituck for a special exception use variance, So she can reside in the 2 sto~ garage erected in her backyard in 2003. First of all she already resides in this 2 car garage illegally for 7 years and I hope her taxes reflect this. Secondly this is against all the covenants of this area, which We reside in Matfituck-Sal~ire Association and pay dues to protect. Thirdly the majority of the people in this Association feel thi.u way and wants the Covenants & Restrictions abided by in this neighborhood. Do not give Nancy Arnzen her special exception use variance, We are strongly opposed. Carol Euring Kenneth Euting 280 Wavecrest Lane Mattituck, New York 11952 Southold Town Zoning Board of Appeals P O Box 1179 Southold NY 11971 .]an. 12, 2011 Ref. Request of vadance by Nancy Amzen, 145 Wavecrest Lane, Mathtuck, NY Membe~ of the Boan:m I wish to en~r my objections ~o any granUng of the ref. variance request. The local Covenants of our Association prohibit the use of any outbuilding for residential purposes. I don't object to the modification of a residence for an accessoff apartment, but granting of the above could ~open the door~ for any one in our association, to construct outbuildings for rental purposes. There our many examples in SOIT~k, in which similar construction has led to urban decay. ! therefore respectfully request that this variance be denied. Thank You )bhn Wills 390 Wavecrest Lane Mattituck, NY 11952 Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 PO Box 1179 Southld, NY 11971 Maureen and William Sanok 250 Saltaire Way Mattituck, NY 11952 January 22, 2011 Deer Chairperson Weisman, We would like to voice our objection to the application for a special exception use variance on property at 145 Wavecrest Lane, Mattituck, NY (tax map//473889 Section 100 Block 0001 Lot~12). The owner applied for and received approval to build a non-heated, non-habitable accessory garage at the rear of their propen'y. Once the building was completed, it has been used as a second residence in violation of the orii~al application and appwved building permit. If an exception is granted, it is setting a precedent that is unacceptable and misl~,~dlng not only for Southold Town but also for Mattimck-Sultaire Inc. which also has covenants and restrictions on accessory buildings. We realize that there is a need for lower cost housing in the Town but we feel that the application used in this case was not truthful and will open the approval process to criticism and challenges. Sincerely, Robert S. and Debra K. Bales 1165 Saltaire Way Mattituck, NY 11952 Southold Town ZBA Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Attention: Ms. Weisman & Members of the Board Currently there is a pending application submitted by Ms. Nancy Arnzen of 145 Wavecrest Lane, Mattituck, requesting a special exception use variance for said property. The application is for converting a accessory 8arage into a residence. Please be advised that the Covenents and Restrictions for the Mattituck-Saltaire homeowners association prohibit such structures. Our C&Rs state "No buildings other than one private dwelling for the use and occupancy of one family and one private garage shall be erected on any one lot.~ As residents of Mattituck-Saltaire we object to any variance that is nut in compliance with our C&Rs. Permitting these types of structures in our neishborhood will place additional requirements on our sensitive water supply which many of us still rely on for our drinking water and will also place increased quantities of sewage that must be handled by septic systems. It is understood by everyone that purchases in our neighborhood that they must comply with C&Rs. Please reject this application. Sincerely, Robert S. Bales Debra K. Bales January 20, 2011 Consanguinity ("con- (with/together) sanguine (blood) -ity (noun marker)") refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person. Consanguinity is an important legal concept in that the laws of many jurisdictions consider consanguinity as a factor in deciding whether two individuals may be married or whether a given person inherits property when a deceased person has not left a will. The degree of relative consanguinity can be illustrated with a consanguinity table, in which each level of lineal consanguinity (i.e., generation) appears as a row, and individuals with a collaterally-consanguineous relationship share the same row. See, e.g., table of consanguinity. The Knot System is a numerical notation that defines consanguinity. It is exact?1 CONSANGUINITY TABLE: In kinship terminology, a cousin is a relative with whom one shares a common ancestor (or ancestors). In modern usage, the term is rarely used when referring to a relative in one's own line of descent, or where there is a more specific term to describe the relationship: e.g., brother, sister, aunt, uncle. The term blood relative can be used synonymously, and underlines the existence of a genetic link. A system of degrees and removals is used to describe the relationship between the two cousins and the ancestor they have in common. The degree (first, second, third cousin, etc.) indicates one less than the minimum number of generations between both cousins and the nearest common ancestor. For example, a person with whom one shares a grandparent (but not a parent) is a first cousin; someone with whom one shares a great-grandparent (but not a grandparent) is a second cousin; and someone with whom one shares a great-great-grandparent (but not a great-grandparent) is a third cousin; and so on.I~1 The removal (once removed, twice removed, etc.) indicates the number of generations, if any, separating the two cousins fi.om each other. The child of one's first cousin is one's first cousin once removed because the one generation separation represents one removal. Oneself and the child are still considered first cousins, as one's grandparent (this child's great-grandparent), as the most recent common ancestor, represents one degree. Non-genealogical usage often eliminates the degrees and removals, and refers to people with common ancestors merely as cousins or distant cousins. Alternatively, the terms 'second cousin' and 'first cousin once removed' are often incorrectly used interchangeably,lzl The system can handle kinships going back any number of generations (subject to the genealogical information being available). DECLARATION OF PROTECTIVE COVFH'~A],;TZ made .u~.~t, 1966 by CASBOR, INC. , a domestic corporation with office and principal place ness at Homestead Road, Goram, New York. UHEREAS, this 5th day of (hereinafter referred to as "Casbor" of bus:L-.' ~asbor is the o~,mer of certain lands at Oregon near Mattituck, Southold Town, Suffolk Co%mty, New York, as conveyed by John F. HcNulty and Others by deed. dated December 1965 and ~ecorded in' Suffolk Ommty Clerk's Office on December 16 · '- 1965, in Libe ., Page 2~, which deed provides for certain covenants and restrictions as follows: ..-.. . . . - , ~..:. .~:.~. 1.'? NO build'ts other than Ofl~ private dwellin~ for ~he '~'.... Li.i shall be erected on any one lot. Any dwellins erected /~ i.,: thereon shall hayea firs~ floor area of not less thar{'~{'~ .:~'. 800 sq. ft. and any detached garage erected thereon '[~"'. "::". shall cost not less than $750.00. ...' 2;..,.~The premises shall not be used for the manufacture or ..,..,.,."...' sale of merchandise or goods of any kind or f~r tra~e .,..:..~ 9r business whatsoe~er or for the display of adverti's~'--~'.'7': ' "' zng or commercial szgns. ' .' ~' No fences or hedges over 4 feet in height ·shall be erected on said premises and such fen(:es or hedges · .. '. ,,. shall be maintained and kept :tn good 'appearance. .:: :';:~'.' [I ~, .;::" No stables or outs.lde .toilets shall be erected on said ... ?"'.""~1' i'"~.~', premises and no nuisance shall be created or allowed ';". ':;e,.'. I~ ," ' on said premises and no use shall be made thereof ,ha~..:. ,"':~2.1[ t.'.':"' shall be dan¢erous to the health of, or offensive to ,-.- :,:.*'-':(-'.: ~l--: ..":.i the senses of sight or smell of the part~es of the -,' ':i;:.;"." :,,.;:> f~rst part, thezr he,rs and assigns, as owners of . ...::. '~'~i;",:i-." ' .'j~' the premises adjoining the premises thereof. ~i: ~' ~,.:.}..... ~o...:,.. No part of an7 dwelling or garage shall be constructed ':i'''>.' on any one lot within 50 fee~ of street 10 feet of other boundaries of said lot any cesspool shall be within 5'feet of an~.boundaries of said lot. line or within ~':..-' and no part of' No fowl, poultry, animals or livest;ock shall be kept on said premises other than domestic pets. No trailers shall be kept, used or allowed upon said premises except when kep~ within an enclosed garage. These covenants e~d restrict, ions shall ~ua with the land hereby conveyed and shall bind and inure ~o the administ~'a~ors and assigns until Oanuary 1, 1982 and said covenangs and restrictions may be enforced by action'f6~ d~mages or injunctions or both t~til the said ls~"day of January 1982. The covenants and restrictions herein imposed may be modified or amended by the parties of the first part, their heirs and assigns. AND ~IEREAS, said lands are now referred to as ~'Saltaire Estates," shown on a certain map dated March 22, 1966, entitled "Map of S~bdivision. of 'Saltaire Estates', Matti~uck, Town Southold, Surf. Go., N. Y." by Alden W,· Young, Professional Engineer and Land Surveyor, N.Y.S. Lic. No. 12845, Riverhead, N. Y.,,f~led in the Office of the Clerk of the County of Suffol~ on August 5, 1966, File No. ·~682 and in order to provide for th. beneficial and harmonious development and use of Saltaire Esta~ Casbor desires to modify and amend the covenants and restrictio= above se~ forth in said deed, Liber 5879, Page 2}4 and impose'm modified and ·amended covenants and restrictions upon Saltaire Estates Which shall be' binding on all the purchasers and mort- gage~s of individual"~o~s,' ~heir heirs,'executors, administrato~ an~ assigns. .. NO~, THEREFORE, the following amen'ded and modified restr~c- !. t~ons, and covenants are hereby imposed upon Saltaire Estates: i:';:/No building other than one private dwellLng, for the use'an~ ,..~. occupancy of one family and one private garage shall be · ~;'-i'-.' .~?..:.erected on any one lot. I one story dwelling erected there :'..'..feet and a two story dwellLng :.. not less than 750 square feet. of not less than 1,000 squsx'e shall have a first floor area A detached garage erected ~ thereon shall conform to the dwelling and have a minimum ... floor area of 26~ square feet~' All homes must have a garag '." attached or detached, with paved driveway. 2. The premises shall not be used for the manufacture or sale merchandise or moods ,"'"" '~ No fences or hedge~ over ~ feet in height shall be .. .?.. erected on said premises in front yard and such fences · '4""i ......"i '~-'. .... · .. or.hedges shall be maintained and kept in good appearance. ~ ..... ''. No stables or outside toilets shall be erected on said :::.'.:~ ?. ...,.%:.'.,'-- premises and no nuisance shall be created or allowed on ' ' "'"".~' '-' :;.:-.......'.:said premlses and no use shall be made thereof that shall ~"'' '..::..:i..t.be dangerous to the health of, or offensive to the senses ":: ' "' ' ' ' igh an' ,.,: ......., : .... of s t or smell of~'Casbor, inc. its successors d assigns .-..~....:... as o~mer of the premises adjoining the premises thereof. f:.?.~;. '5. ':'.No part of any dwelling or garage shall be conS'tructed on %..,'~ .. :-'~ any one lot within 50 feet of street line/or within lO feet ~-,.~i:~... of other>boundaries of said los and no part of any cesspool · t.~ .'.,. !:' ' '" ..... "': shall be wmth~n, 5 feet of any boundaries of said lot.> · · '"' No fowl, poultry, animals or livestock shall be kept on ,~.~.~.. 6. "... '"?""" [I :~'-said premises other than domestic pets. No trailers shall ,:'.. ~.':' be kept, used or allowed upon said premises except when · ~.. '": · kept within an enclosed garage, with ~he exception of boat .k"~.. :.' :.,~'. trailers which shall be kep~' in rear of premises. 'L."~ .'..- ~.'..:'~.. ?.-: These covenants and restrictions shall run with the land · .. ,.. ..'~:.... hereby conveyed and shall bind and inure to the benefit · :.. ..... .~.~ ~ · ': ... ..... of the said parties hereto, their heirs, and administrators .. .i.~ [[ ..-,.>. and assigns until January 1, 1982 and said covenants and · :~.,.,~..[.~' restrictions may be enforced by action for damages or ~':°'": ?"::" injunctions or both until the said 1st day of January 1982, ..... 8.~[ The covenants and restrictions herein imposed may be modi- ~ fled or amended by Gasbor, Inc~, its successors and assigns, .:'-' 9.' All plans and'specifications for homes to be constructed , 'must be approved by Casbor, Inc. for the purpose of pre-" ,.. . venting inferior materials or construction practices from .being used... Hemes shall have 'full.cellars under main structure. Flat roof construction sh.A?.l not be used. All.bui~dings must be completed from commencement of construction. within a year Casbor, inc. reserves the right to dedicate all streets, · - roads, drainage ~reas, easements to the Town of Southold for highway and drainage purposes. IN WITNESS.WHT~EOF,'~he foregoing Declaration has been executed" by Oasbor,. Inc. the day and year first above ~,ritten. "' ~ :..... . ...... CASBOR, INC. .~c. -,,, :0 :::~;.. ,jz;.-'-' . '";..':.:::,. . · :~" '... .' ~ ~Z:' ,' ' ';~s . , ".. ' '. : Frankl~ o/. '~orn~-, Treas. ·. · ~.,,, .,,.'. ,' ....,,,,~.... ..i~%i~. · . . , ..... .,.,: · .....~-. ... . .:~. , %.%. : ]. .:-' .. STATE OF'.~ ~ YO~: COMITY OF SUFFO~: ' ' On the 5th day of August, 1966, before me personally came FRAN~LYN J. BORN to me kno~, who, being by me duly sworn, did depose and say that he resides at Maple Lane, Mattituck, Town of Southold, Suffolk County, New York, that he is the Treasurer of CASBOR, INC., the' corporation described in 'and whi¢ executed the foregoing instrumentl; that he knows the seal of · said corporation; that the seal affixed to said instrument is such corporate board of directors of said corporation, and that seal; that it was.so affixed by order of the he signed his name thereto, by.like'order. )oD .~ENDED DEClARATiON 0~ ?IO~ECT~V~ profit (no #) COVENANTS SALTAIRE ESTATES, ~ a not-for- corporation with office and principal place of business at Reeves Avenue, Mattituck, New York, is the successor in in- and New terest to CASBOR, INC., a domestic corporation with office principal place of business at (no #) Homestead Rod, Coram, York, and WHEREAS, CASBOR, INC., by a Declaration recorded on August 10, 1966 in Liber 6009 Page 320 amended the deed of John E. McNulty and others recorded in the Suffolk County Clerk's Office on December 16, 1965 in Liber ,5879 Pa~e 234~ said deed and declara tion providing for certain covenants and restrictions; and WHEREAS, said covenants and restrictions were to expire on the 1st day of January, 1982; and WHEREAS, said covenants and restrictions provided that they may be modified or amended by CASBOR, INC., its successors assigns; and WHEREAS, by a unanimous vote on November 15, 1981, at a regular meeting.of the Board of Directors of MATTITUCK JALTAIRE ESTATES, INC., it was determined that, in urder to provide for the continued beneficial and harmonious development and use of th~ lands known as "Mattituck Saltaire Estates" as shown on a certain map dated March 22, 1966, filed in the Office of the Clerk of the County of Suffolk on August 3, 1966, file number 4682, the amendec covenants and restrictions heretofore recorded on August 10, 1966 should be extended in perpetuity, unless sooner modified or terminated by the MATTITUCK SALTAIRE ESTATES, INC., and said modified and amended covenants and restrictions upon "Mattituck Saltaire Estates" should continue to be binding on all purchasers, and mortgagees of individual lots, their heirs, executors, administrators and assigns. NOW, THEREFORE, Paragraph 1 of the Declaration set forth above, as amended, is hereby amended and modified as fotlows~ "These covenants and restrictions shall run with the land hereby conveyed and shall bind and inure to the benefit of the said parties hereto, their heirs, and administrators and assigns in perpetuity, and these said covenants and restrictions may be enforced by action for damages or injunctions or both in perpetuity, unless sooner modified or terminated by the MATTITUCK SALTAIRE ESTATES, INC." / IN WITNESS WHEP~OF, the foregoing Declaration has been executed by Mattituck Saltaire Estates, Inc. the ~ay and year first above written. MATTITUCK SALTAIRE ESTATES, INC. Elizabeth M/ Vi~sser STATE OF NEW YORK : ss COUNTY OF SUF?OLK : On the 17th day of November ,1982~ before me personally came ELIZABETH M. VISSER, to me known, who being by me duly sworn did depose and say thatshe resides at RR #1, Box 131, Saltaire Way, Mattituck, New York; that ~e is the President of MATTITUCK SALTAIRE ESTATES, INC., the corpor ation described in and which executed the foregoinq instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation and that he signed hi. name thereto by like-.~rder. Notary Public No. ~GE~4 - SuHslk Cnu~ Co~m~ ~p%rss Mar~ 30, ,f PI.lo. WICKHAM. WICKHAM & BRESSI..ER. P.e. MA, IH ROAD MATTITUCK, CON6 ISLAND NI~/V YORK 1 19'q2